Jan. 4.] THE NEW ZEALAND GAZETTE.

Prescribing a Close Season for Seals.

GLASGOW, Governor.

ORDER IN COUNCIL.

At the Government House, at Christchurch, this thirtieth day of December, 1893.

Present:

His Excellency the Governor in Council.

WHEREAS by "The Fisheries Conservation Act, 1884" (hereinafter termed "the said Act"), it is, among other things, enacted that the Governor in Council may from time to time make, alter, and revoke regulations (which shall have force and effect only in any waters or places specified therein) for prescribing, among other things, a close season or close seasons for seals:

And whereas it is provided by the third section of "The Fisheries Conservation Act 1884 Amendment Act, 1887," that a penalty not exceeding five hundred pounds may be imposed in respect of the breach of any regulations respecting seals, and a further penalty of not exceeding twenty pounds for every seal illegally taken:

And whereas it is expedient to make the regulations hereinafter set forth with respect to seals inhabiting or found within the waters of the colony hereinafter mentioned:

Now, therefore, His Excellency the Governor of the Colony of New Zealand, in pursuance and exercise of the powers conferred by the said Act and "The Fisheries Conservation Act 1884 Amendment Act, 1887," and acting by and with the advice and consent of the Executive Council of the said colony, doth hereby make the regulations set forth in the Schedule hereto; and with the like advice and consent doth order that such regulations shall have force and effect throughout the Colony of New Zealand, and in all salt, fresh, and brackish waters of the colony, and on all shores of such waters or any part thereof.

SCHEDULE.

REGULATIONS.

1. The months of January, February, March, April, May, and June, 1894, are hereby prescribed as the close season for seals.

2. No person shall buy, sell, or expose for sale, or have in possession any seal, or the skins, oil, or blubber of any seal, taken during the close season hereby prescribed for the same.

3. Any person committing a breach of any of these regulations shall be liable to a penalty of not less than £5 and not exceeding £500, and a further penalty of not exceeding £20 for every seal illegally taken.

4. Every penalty imposed by these regulations shall be recovered in a summary manner before any two or more Justices of the Peace.

PAT BOYLE,
Acting Clerk of the Executive Council.

Licensing A. Perano to use and occupy a Part of the Foreshore of Pictou Harbour.

GLASGOW, Governor.

ORDER IN COUNCIL.

At the Government House, at Christchurch, this thirtieth day of December, 1893.

Present:

His Excellency the Governor in Council.

WHEREAS, there being no Harbour Board empowered to grant the license hereinafter mentioned, Agostino Perano, of Pictou, fish-curer (hereinafter called "the licensee"), has applied to the Governor in Council for a license under "The Harbours Act Amendment Act, 1883" (hereinafter called "the said Act"), to occupy a part of the foreshore of Pictou Harbour, in order to erect and maintain thereon a shed for fish curing and storing purposes, and, in accordance with the one hundred and fifty-sixth section of "The Harbours Act, 1878," has deposited a plan in the office of the Marine Department, at Wellington (marked M.D. 1911), showing the place where it is intended to erect such shed, the area of foreshore to be occupied for such purpose, and the manner in which it is proposed to erect the shed: And whereas it has been made to appear to the Governor in Council that the proposed work will not be or tend to the injury of navigation; and the said plan has, prior to the making of this Order in Council, been approved by the Governor in Council, without modification or addition: And whereas it is expedient that a license under the said Act, for the purpose aforesaid, should be granted and issued to the licensee on the terms and conditions hereinafter expressed:

Now, therefore, His Excellency the Governor of the Colony of New Zealand, in pursuance and exercise of the power and authority vested in him by the said Act, and of all other powers and authorities enabling him in that behalf, and by and with the advice and consent of the Executive Council of the said colony, doth hereby approve of the purpose or object for which the said license is required by the licensee as aforesaid; and, in further pursuance and exercise of the said power and authority, and with the like advice and consent as aforesaid, doth hereby license and permit the licensee to use and occupy that part of the foreshore which is particularly shown and delineated in pink colour on the plan marked M.D. 1911 so deposited as aforesaid, for the purpose of constructing or erecting thereon a shed for fish curing and storing purposes, and which said license shall be held and enjoyed by the licensee upon and subject to the following terms and conditions, that is to say,—

1. In these conditions the term "Minister" means the Minister having charge of the Marine Department, as defined by "The Shipping and Seamen's Act, 1877," and includes any officer, person, or authority acting by or under the direction of such Minister.

2. The concessions and privileges conferred by this Order in Council shall extend and apply only to the part of the foreshore necessary for the erection of such shed, which is shown, coloured pink, on the plan marked M.D. 1911, and deposited in the office of the Marine Department as aforesaid.

3. In consideration of the concessions and privileges granted by this Order in Council the licensee shall, on being supplied with a copy of this Order in Council, pay to the Minister the sum of five pounds, and thereafter an annual sum of one pound ten shillings, dating from the first day of January, one thousand eight hundred and ninety-four, the first of such annual payments to be made on the licensee being supplied with a copy of this Order in Council.

4. 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, through, and out of the said shed without payment.

5. The licensee shall complete the erection of the said shed, in accordance with the approved plan marked M.D. 1911, within six calendar months from the date of this Order in Council.

6. The licensee shall maintain the above-mentioned shed in good order and repair.

7. Any person authorised by the Minister may, at all reasonable times, enter upon the said shed and view the state of repairs thereof; and upon such Minister leaving at or posting to the last known address of the licensee a notice in writing of any defect or want of repair in such shed, requiring him, within a reasonable time, to be therein prescribed, to make good the same, he shall with all convenient speed cause such defect to be removed or such repairs to be made, as the case may be.

8. Nothing herein contained shall authorise the licensee 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 made thereunder, and that are now or may hereafter be in force.

9. The rights, powers, and privileges conferred by or under this Order in Council shall continue in force for fourteen years from the date hereof, unless in the meantime such rights, powers, and privileges shall be altered, modified, or revoked by competent authority; and the licensee shall not assign, charge, or part with any such right, power, or privilege without the written consent of the Minister first obtained.

10. The said rights, powers, and privileges may be at any time resumed by the Governor, without payment of any compensation whatever, on giving to the licensee one calendar month's previous notice in writing. Any such notice shall be sufficient if given by the Minister, and delivered at or posted to the last known address of the licensee.

11. The licensee shall be liable for any injury which the said shed may cause any vessel or boat to sustain through any default or neglect on his part.

12. In case the licensee shall—
    (1.) Commit or suffer a breach of the conditions hereinbefore set forth, or any of them;
    (2.) Cease to use or occupy the said shed for the purposes aforesaid; or
    (3.) Become bankrupt or be in any manner brought under the operation of any Act for the time being in force relating to bankruptcy,
    then and in either of the said cases this Order in Council, and every license, right, power, or privilege thereby conferred, may be revoked and determined by the Governor in Council without any notice to the licensee or other proceeding whatsoever; and publication in the New Zealand