1766
THE NEW ZEALAND GAZETTE.
[No. 88

as aforesaid, doth hereby license and permit the licensee to
use and occupy that part of the foreshore which is particu-
larly shown and delineated in green colour on the plan
marked M.D. 1963 so deposited as aforesaid, for the purpose
of constructing and maintaining thereon swing-boats, 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 direc-

tion 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 shown, in green colour, on the plan marked M.D.
1963, 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 one pound, dating from the first day of
December, 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.

5. The licensee shall complete the erection of the said
swing-boats in accordance with the approved plan marked
M.D. 1963, 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 swing-
boats 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, at such charge and
under such regulations for the 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 swing-boats and
advantages as aforesaid shall be put up and maintained by
the licensee on the foreshore included in this license.

8. Nothing herein contained shall authorise the licensee
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.

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 privi-

lege 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 swing-boats and any piles or other erections used in
connection therewith from the foreshore 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 swing-boats 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 herein-
        before set forth, or any of them;
    (2.) Cease to use or occupy the said swing-boats, or cease
        to provide and maintain swing-boats;
    (3.) Fail to pay the annual sum specified in clause
        three 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 con-
ferred, may be revoked and determined by the Governor in
Council without any notice to the licensee or other pro-
ceeding 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.

Licensing Alexander Mackay to use and occupy a Part of
the Foreshore of Waipu 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"), Alexander Mackay, of Waipu, as
trustee for the settlers who contribute in money or labour
towards the erection of a wharf (and hereinafter called "the
licensee"), has applied to the Governor in Council for a
license under the said Act to occupy a part of the foreshore
of the Waipu River, in the Provincial District of Auckland,
in order to erect a wharf thereon, 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. 1967), 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 licensee 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 licensee 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 licensee,
as trustee for the settlers who contribute in money or
labour towards the erection of the wharf, 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 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 direc-

tion 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. 1967.

3. In consideration of the concessions and privileges
granted by this Order in Council the licensee shall pay
to the Minister the annual sum of one shilling, payable on
demand.

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 there-
from.

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 licensee shall maintain the above-mentioned
wharf in good order and repair; and shall at all times exhibit
therefrom and maintain at his 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 licensee a notice in
writing of any defect or want of repair in such wharf, re-
quiring him, within a reasonable time, to be therein pre-
scribed, to repair the same, he shall with all convenient
speed cause such defect to be removed or such repairs to be
made.

8. Nothing herein contained shall authorise the licensee
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.

9. The ballast of all vessels loading at the said wharf
shall be taken away by the licensee and deposited above