1830
THE NEW ZEALAND GAZETTE.
[No. 97

thirty-first day of March in every year, and shall send a copy
of such account when balanced to the said Minister, and
shall supply any particulars in reference thereto as may be
required by the said Minister, or any person acting with his
approval.
8. That the Board shall appoint all officers necessary for
the working and management of the wharf.
9. That nothing herein contained shall authorise the
Board to do or cause to be done anything repugnant to or
inconsistent with any law relating to the Customs, or any
regulation of the Commissioner of Trade and Customs, or
with any provisions of "The Harbours Act, 1878," or its
amendments, or any regulations thereunder.
10. That the rights, powers, and privileges hereby con-
ferred shall continue in force for fourteen years, computed
from the date of the foregoing Order in Council, unless in
the meantime altered, modified, or revoked.
11. That the rights, powers, and privileges conferred under
or by virtue of the foregoing Order in Council may be at any
time resumed by the Governor on giving to the Board six
calendar months' notice in writing. Any such notice shall
be sufficient if given by the Governor or the said Minister,
or by any person acting under his or their instructions, and
delivered at or posted to the last known address of the
Board, its successors or assigns. No compensation or
allowance shall be payable in such case.
12. The Board shall be liable for any injury which may be
caused at the said wharf to any vessel or boat through any
default or neglect on the part of the Board.
13. In case the Board shall—
(1.) Commit or suffer a breach of the conditions herein-
before set forth, or any of them; or
(2.) Cease to use or occupy the said wharf for a period
of thirty consecutive days,—
then and in either of the said cases every right, power, or
privilege hereby conferred may be revoked and determined
by the Governor in Council without notice to the said
Board or other proceeding whatsoever, and publication in
the New Zealand Gazette of an Order in Council containing
such revocation shall be sufficient notice to the Board,
and to all persons concerned or interested, of the facts
stated in such Order in Council.

ALEX. WILLIS,
Clerk of the Executive Council.

Vesting Management of Wharves at Dargaville and Manga
where in the Hobson County Council, and prescribing
Dues.

GLASGOW, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this fourth
day of December, 1893.

Present:

THE HONOURABLE THE PREMIER PRESIDING IN COUNCIL.

WHEREAS by section fourteen of "The Harbours Act
1878" (hereinafter termed "the said Act"), it is
enacted that the Governor in Council may vest the manage-
ment of any wharf the property of Her Majesty in any local
governing body or person, upon such terms and conditions
as the Governor in Council thinks fit:
And whereas it is provided by section seventeen of the
said Act that in and by any such Order in Council it may be
prescribed what dues and rates shall be taken by the body
or person in whom any such wharf shall be vested as afore-
said:
And whereas it is thought desirable to vest in the Hobson
County Council the management of the wharves at Darga-
vile and Mangawhare, Kaipara Harbour, on the terms and
conditions hereinafter set forth, and to prescribe the dues
and rates which shall be taken by the said Council for the
use of such wharf:
Now, therefore, His Excellency the Governor of the Colony
of New Zealand, by and with the advice and consent of the
Executive Council of the said colony, and in pursuance
and exercise of the power and authority vested in him by
the said fourteenth and seventeenth sections of the said
Act, and of all other powers and authorities in any-
wise enabling him in that behalf, doth hereby vest the
management of the wharves and premises in connection
therewith at Dargaville and Mangawhare aforesaid, as
shown on plans marked M.D. 1896 and 1897 respectively,
and deposited in the office of the Marine Department at
Wellington, in the Hobson County Council, subject to the
conditions set forth in the First Schedule hereto; and doth
hereby prescribe that the dues and rates set forth in the
Second Schedule hereto shall be taken by the said Council
for the use of the said wharves and premises.

FIRST SCHEDULE.
CONDITIONS OF MANAGEMENT.

1. That all Her Majesty's subjects shall, at all reasonable
   times, and upon payment of the proper dues, have free and
   full liberty to use the above-mentioned wharves, and rights
   of ingress and egress thereto and therefrom.
2. That Her Majesty or the Governor, and all officers in
   the Government service acting in the execution of their
   duty, shall at all times have free ingress, passage, and egress
   into, over, and out of the wharves without payment.
3. That the Hobson County Council (hereinafter referred
   to as "the Council") shall maintain and keep the above-
   mentioned wharves, and all erections on or in connection
   with the wharves, in good order and repair; and shall at all
   times permit to be erected and exhibited therefrom any lights
   for the guidance of vessels, and shall maintain at its own
   cost any such lights: Provided that no new light shall be
   exhibited until after it has been approved by the Minister
   for the time being having charge of the Marine Department
   (hereinafter referred to as "the said Minister").
4. That all dues and rates received on account of the said
   wharves by the Council shall be applied to keeping the said
   wharves and all erections on or in connection with such
   wharves in good order and repair.
5. That any person authorised by the said Minister, or any
   officer acting with his approval, may at all reasonable times
   enter upon the said wharves, and any buildings erected on
   the wharves or in connection therewith, and view the state
   of repair thereof; and that, upon his leaving at or posting
   to the last known address of the Council a notice in writing
   of any defect or want of repair in such wharves or buildings,
   requiring the Council, within a reasonable time, to be therein
   prescribed, to make good or repair the same, the Council
   shall, with all convenient speed, cause such defect to be
   removed or such repairs to be made.
6. That the Council shall not erect, or suffer to be erected,
   on the said wharves any building or structure whatever,
   except with the consent of the said Minister.
7. That the Council shall appoint all officers necessary for
   the working and management of the wharves.
8. That nothing herein contained shall authorise the
   Council to do or cause to be done anything repugnant to or
   inconsistent with any law relating to the Customs, or any
   regulation of the Commissioner of Trade and Customs, or
   with any provisions of "The Harbours Act, 1878," or its
   amendments, or any regulations thereunder.
9. That the rights, powers, and privileges hereby con-
   ferred shall continue in force for fourteen years, computed
   from the date of the foregoing Order in Council, unless in
   the meantime altered, modified, or revoked.
10. That the rights, powers, and privileges conferred under
    or by virtue of the foregoing Order in Council may be at any
    time resumed by the Governor on giving to the Council six
    calendar months' notice in writing. Any such notice shall
    be sufficient if given by the Governor or the said Minister,
    or by any person acting under his or their instructions, and
    delivered at or posted to the last known address of the
    Council, its successors or assigns. No compensation or
    allowance shall be payable in such case.
11. The Council shall be liable for any injury which may be
    caused at the said wharves to any vessel or boat through
    any default or neglect on the part of the Council.
12. In case the Council shall—
    (1.) Commit or suffer a breach of the conditions herein-
    before set forth, or any of them; or
    (2.) Cease to use or occupy the said wharves for a period
    of thirty consecutive days,
    then and in either of the said cases every right, power, or
    privilege hereby conferred may be revoked and determined
    by the Governor in Council without notice to the Council or
    other proceeding whatsoever, and publication in the New
    Zealand Gazette of an Order in Council containing such
    revocation shall be sufficient notice to the Council, and to
    all persons concerned or interested, of the facts stated in
    such Order in Council.

SECOND SCHEDULE.
WHARFAGE.

£ s. d.
On every vessel under 20 tons register lying along-
side a wharf, for each day or part of a day .. 0 1 0
On every vessel under 20 tons register, for every
day or part of a day that such vessel lies along-
side a vessel lying at a wharf .. .. 0 0 6
On every vessel under 20 tons register undergoing
repairs or fitting out alongside a wharf, or lying
off a wharf with a line attached thereto, per day
or part of a day .. .. .. .. 0 0 6
On every vessel of 20 tons register and upwards
lying alongside a wharf, per ton per day or part
of a day .. .. .. .. .. 0 0 0¼
Minimum charge on every sailing-vessel of 20 tons
register and upwards lying alongside a wharf,
per day or part of a day .. .. .. 0 1 0