Dec. 6.] THE NEW ZEALAND GAZETTE. 1765

Licensing Messrs. Simich and Scoponich to use and occupy
a Part of the Foreshore of Otamatea River.

GLASGOW, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this third day
of December, 1894.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS, there being no Harbour Board empowered
to grant the license hereinafter mentioned under
"The Harbours Act Amendment Act, 1883" (hereinafter
called "the said Act"), Charles Simich and Romolo Scopo-
nich, of Batley, trading under the firm or title of "Simich
and Scoponich," fish-canners, and hereinafter called "the
licensees," have applied to the Governor in Council for a
license under the said Act to occupy a part of the foreshore
of the Otamatea River, in Kaipara Harbour, in order to erect
and maintain a wharf thereon, and, in accordance with the
one hundred and fifty-sixth section of "The Harbours Act,
1878," have deposited a plan in the office of the Marine De-
partment at Wellington (marked M.D. 1968), showing the
area of foreshore intended to be occupied, and the manner
in which it is proposed to erect the wharf: And whereas
the Governor in Council has approved of the purpose for
which the said foreshore is to be occupied: And whereas
it is expedient that a license should be granted and issued
to the licensees under the said Act, for the purpose aforesaid,
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 object for
which the said license is required by the licensees as afore-
said; 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 licensees
to use and occupy that part of the foreshore on which the
wharf is to be erected, as shown on the plan so deposited as
aforesaid, for the purpose of erecting and maintaining the
said wharf, such license to be held and enjoyed by the
licensees upon and subject to the following terms and con-
ditions, that is to say:—

1. In these conditions the term "Minister" means the
   Minister having charge of the Marine Department, as de-
   fined by "The Shipping and Seamen's Act, 1877," and in-
   cludes 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 occupied by the said wharf, as shown on plan
   marked M.D. 1968.

3. In consideration of the concessions and privileges
   granted by this Order in Council the licensees shall, on
   being supplied with a copy thereof, pay to the Minister the
   sum of five pounds, and thereafter an annual sum of one
   pound, payable on the 1st day of December, dating from the
   1st day of December, 1894.

4. All persons shall at all reasonable times, upon payment
   of the proper dues, have free and full liberty to use the said
   wharf, and all rights of ingress and egress thereon and
   therefrom.

5. 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 wharf without payment.

6. The licensees shall maintain the above-mentioned
   wharf in good order and repair, and shall at all times exhibit
   therefrom and maintain at their own cost suitable and neces-
   sary lights for the guidance of vessels: Provided that no
   light shall be exhibited until after it has been approved of
   by the Minister.

7. Any person authorised by the Minister may at all rea-
   sonable times enter upon the said wharf and view the state
   of repairs thereof; and upon such Minister leaving at or
   posting to the last-known address of the licensees or either
   of them a notice in writing of any defect or want of repair
   in such wharf, requiring them within a reasonable time, to
   be therein prescribed, to repair the same, they shall with all
   convenient speed cause such defect to be removed or such
   repairs to be made.

8. Nothing herein contained shall authorise the licensees
   to do or cause to be done anything repugnant to or incon-
   sistent with any law relating to the Customs, or any regula-
   tion of the Commissioner of Trade and Customs, or with
   any provisions of "The Harbours Act, 1878," or its amend-
   ments, or any regulations made thereunder, and that are
   now or may hereafter be in force.

B

9. The ballast of all vessels loading at the said wharf
   shall be taken away by the licensees and deposited above
   high-water mark, or at such place as may be approved of by
   the Minister, by the Harbourmaster at Kaipara, or by any
   person appointed by the Minister for that purpose.

10. The rights, powers, and privileges conferred by or under
    this Order in Council shall continue to be in force for four-
    teen 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 licensees shall
    not assign, charge, or part with any such right, power, or
    privilege without the previous written consent of the Minister
    first obtained.

11. 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 licensees six calen-
    dar 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 licensees or either
    of them.

12. The licensees shall be liable for any injury which the
    said wharf may cause any vessel or boat to sustain through
    any default or neglect on their part.

13. In case the licensees shall—

(1.) Commit or suffer a breach of the conditions herein-
before set forth, or any of them;

(2.) Cease to use or occupy the said wharf for a period of
thirty days;

(3.) Become bankrupt, or be in any manner brought
under the operation of any Act for the time being
in force relating to bankruptcy; or

(4.) Fail to pay the sums specified in clause 3 of these
conditions,

then and in any of the said cases this Order in Council,
and every license, right, power, or privilege, may be revoked
and determined by the Governor in Council without any
notice to the licensees 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 licensees, 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.

14. The erection of the wharf shall be sufficient evidence
    of the acceptance by the licensees of the terms and conditions
    of this Order in Council.

ALEX. WILLIS,
Clerk of the Executive Council.

Licensing F. Killick to use and occupy a Part of the
Foreshore at New Brighton.

GLASGOW, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this third
day of December, 1894.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS, there being no Harbour Board empowered
to grant the license hereinafter mentioned, Freder-
erick Killick, of Sydenham, dealer (hereinafter called "the
licensee"), has applied to the Governor in Council for a license
under "The Harbours Act Amendment Act, 1883" (herein-
after called "the said Act"), to occupy a part of the fore-
shore at New Brighton, in the Provincial District of Canter-
bury, in order to erect and maintain thereon swing-boats,
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. 1963), showing the place where it is intended
to construct and maintain such swing-boats, and the area of
foreshore 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 navi-
gation; 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 ex-
pedient 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