SEPT. 6.] THE NEW ZEALAND GAZETTE. 1393

Licensing J. E. Taylor to use and occupy a Part of the Foreshore of the Ararata Creek, Manukau Harbour.

GLASGOW, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this fourth day of September, 1894.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS, there being no Harbour Board empowered to grant the license hereinafter mentioned, John Edward Taylor, of Mangere, farmer (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 the Ararata Creek, in Manukau Harbour, in order to build an embankment or dam across the said creek, for the purpose of utilising the action of the tide for motive-power to pump fresh water up to the Domain, 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. 1949), showing the place where it is intended to erect such embankment or dam, the area of foreshore to be occupied for such purpose, and the manner in which it is proposed to erect the embankment or dam: 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 plans have, 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 in the position shown on the plan marked M.D. 1949, which is necessary for the erection of the embankment or dam in accordance with the plan marked M.D. 1949, 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 embankment or dam in accordance with the plan marked M.D. 1949, on the site shown on the said plan, which is 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 two pounds ten shillings, and thereafter on demand an annual sum of one shilling, dating from the first day of September, 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 embankment or dam without payment.

5. The licensee shall complete the erection of the said embankment or dam, in accordance with the approved plan marked M.D. 1949, within six calendar months from the date of this Order in Council.

6. The licensee shall maintain the above-mentioned embankment or dam in good order and repair.

7. Any person authorised by the Minister may at all reasonable times enter upon the said embankment or dam 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 embankment or dam, 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 to be 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 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 embankment or dam 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 embankment or dam; or

(3.) Become bankrupt, or be brought under the operation of any law in force for the time being 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.

13. The erection of the embankment or dam shall be sufficient proof of the acceptance by the licensee of the conditions of this Order in Council.

ALEX. WILLIS,

Clerk of the Executive Council.

Revoking Order in Council licensing R. Turner to occupy a Part of Foreshore of Wairoa River.

GLASGOW, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this fourth day of September, 1894.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS by Order in Council, dated the twenty-seventh day of July, one thousand eight hundred and eighty-six, and published in the New Zealand Gazette No. 40, of the same month, His Excellency the Governor in Council did, in pursuance of the provisions of “The Harbours Act Amendment Act, 1883,” license Rutland Turner, of Wairoa South, to use and occupy a part of the foreshore and land below low-water mark, in the Wairoa River, for the purpose of constructing or erecting thereon a wharf in the position shown on and in accordance with plans marked M.D. 1191 and 1192, and deposited in the office of the Marine Department:

And whereas the said Rutland Turner has sold the rights, powers, and privileges conferred under or by the said Order in Council to Robert Willis, of Papakura, and the said Robert Willis has applied for the revocation of the said Order in Council:

Now, therefore, His Excellency the Governor of the Colony of New Zealand, acting by and with the advice and consent of the Executive Council of the said colony, and in exercise of all the powers enabling him in that behalf, doth hereby revoke and determine the said recited Order in Council, and every right, power, and privilege conferred thereby or intended so to be.

ALEX. WILLIS,

Clerk of the Executive Council.