942
THE NEW ZEALAND GAZETTE.
[No. 46

ASHBURTON FACTORY DISTRICT—EXTENDED.

All that area in the Canterbury Land District bounded towards the south-east by the ocean from Wakanui Creek to a point in line with the south-west boundary-line of Section No. 8454; towards the south-west generally by a line to and by said boundary-line to the Lower Beach Road, across that road, by Long Beach Road, by Whalebone Road, by a road bounding Sections Nos. 22346, 20995, 16629, 14063, and 33653, across and by Surveyor's Road, and by Hinds River; towards the north-west generally by Maronau Road, by a road forming the eastern boundary of Section No. 27884, by Timaru Track Road, by Lagmhor Road and the continuation of that road past Sections Nos. 5263, 5262, and 14301, by Jackson's Road, by Westerfield Mill Road, by the right bank of the north branch of the Ashburton River, to a point in line with the north-west boundary of Section No. 10193, by a right line to the western corner of that section, by a road forming the north-west boundary of said Section No. 10193, and passing through Section No. 10093, across and by Winchmore Road; towards the north generally by a road forming the southern boundaries of Sections Nos. 27907, 28220, 28221, 27388, and 27031; towards the east generally by roads forming the northern and eastern boundaries of Section No. 27035, and by the continuation of the latter road to the Township of Dromore, by the north-west, north-east, and south-east boundaries of that township, by a road bounding Sections Nos. 27096, 27146, 26712, 26921, 26727, 22902, and 15745 to and across Wakanui Creek, and by that creek to the ocean.

ALEX. WILLIS,
Clerk of the Executive Council.

Licensing J. Strachan to use and occupy a Part of the Foreshore at New Brighton.

GLASGOW, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this eleventh day of June, 1894.

Present:

THE HONOURABLE THE PREMIER PRESIDING IN COUNCIL.

WHEREAS, there being no Harbour Board empowered to grant the license hereinafter mentioned, James Strachan, of Timaru, bathing-machine proprietor (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 and land below low-water mark immediately contiguous to such foreshore, at New Brighton, in the Provincial District of Canterbury, in order to erect and maintain thereon bathing-machines, 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. 1929), showing the place where it is intended to construct and maintain such bathing-machines, and the area of foreshore and land below low-water mark to be occupied for such purpose: And whereas it has been made to appear to the Governor in Council that the proposed works 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 and of the land below low-water mark immediately contiguous thereto which is particularly shown and delineated in dotted black lines on the plan marked M.D. 1929 so deposited as aforesaid, for the purpose of constructing and maintaining thereon bathing-machines, 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 parts of the foreshore and of the land below low-water mark necessary for the bathing-machines and any enclosure or fence required for the protection or privacy of the same, as shown, in dotted black lines, on the plan marked M.D. 1929, 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 pay to the Minister the sum of five pounds, and thereafter an annual sum of three pounds, dating from the first day of June, one thousand eight hundred and ninety-four.

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 foreshore and land below low-water mark without payment.

5. The licensee shall complete the erection of the said bathing-machines in accordance with the approved plan marked M.D. 1929, within six calendar months from the date of this Order in Council.

6. The licensee shall during the subsistence of this Order in Council provide and maintain proper and sufficient bathing-machines, with all such necessary appliances and conveniences thereto, as will enable the public to use and enjoy the same and all other advantages hereby conferred in respect of the use and occupation of the foreshore and land below low-water mark, at such charge and under such regulations for the decent and orderly use thereof as the licensee may from time to time in that behalf direct.

7. A legible written or printed copy of the scale of charges and regulations affecting the use of the bathing-machines and advantages as aforesaid shall be put up and maintained by the licensee in every bathing-machine.

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 at any time be resumed and the license hereby granted revoked by the Governor, and the licensee may be required to remove the bathing-machines and any piles or other erections used in connection therewith from the foreshore and land below low-water mark at his own cost, without payment of any compensation whatever, on giving to the licensee three calendar months' 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 bathing-machines or other erections 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 bathing-machines and other erections, or cease to provide and maintain bathing-machines for bathing purposes;
    (3.) Fail to pay the annual sum specified in clause 3 of these conditions;
    (4.) 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 Gazette of an Order in Council containing such revocation shall be sufficient notice to the licensee, and to all persons concerned or interested, that this Order in Council, and the license, rights, and privileges thereby granted and conferred, have been revoked and determined.

ALEX. WILLIS,
Clerk of the Executive Council.

Vesting Reserves in the Kowai Road Board.

GLASGOW, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this eleventh day of June, 1894.

Present:

THE HONOURABLE THE PREMIER PRESIDING IN COUNCIL.

WHEREAS the lands mentioned in the Schedule hereto were permanently reserved as gravel-pits on the dates specified in the Schedule: