June 6.] THE NEW ZEALAND GAZETTE. 911

Monday in January in every succeeding year thereafter, elect
one of themselves to be Chairman, who may join in the
discussion, and shall have an original as well as a casting
vote. The Chairman shall hold office until the election of
his successor.

5. If at any meeting the Chairman is not present at the
   time appointed for holding the same, the members present
   shall choose some one of their number to be chairman of
   such meeting.

6. If, by resignation, death, or incapacity, or otherwise, the
   office of Chairman shall be or become vacant, the members
   may at any monthly or special meeting appoint a Chairman.

7. All questions shall be determined by the majority of
   votes of the members of the Board present at a meeting.

SCHEDULE.

All that parcel of land in the Ellesmere District, in the
Canterbury Land District, containing by admeasurement
213 acres, more or less, being Section No. 1630 (in red).
Bounded towards the north-west by a road-line for a distance
of about 52 chains 50 links; towards the north-east by
Sections Nos. 14510 and 15026 for distances respectively of
28 chains 55 links and 40 chains; towards the south by
Section No. 6730 for a distance of 36 chains 54 links;
towards the south-east by a road-line for a distance of about
18 chains 50 links, and also by Section No. 15026 for a
distance of 6 chains 4 links; towards the west by another
road-line for a distance of about 21 chains 50 links: save and
excepting Reserve No. 964 (in red), situate in the above-
described section; as the same is delineated on the plans
deposited in the District Survey Office, Christchurch.

ALEX. WILLIS,
Clerk of the Executive Council.

Appointing Day for closing under "The Shops and Shop-
assistants Act, 1894."

GLASGOW, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this fourth day
of June, 1895.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS the local authority of the Borough of One-
hunga, being duly authorised by "The Shops and
Shop-assistants Act, 1894," to appoint, by special resolution,
in the month of January, one thousand eight hundred and
ninety-five, the day on which shops in the said borough are
to be closed in accordance with the said Act, has failed so to
appoint a day:

Now, therefore, I, David, Earl of Glasgow, 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 the powers in this behalf conferred upon
me by section ten of the said Act, do hereby appoint
Wednesday to be the day on which shops shall be closed
in the said Borough of Onehunga, in accordance with the
said Act.

ALEX. WILLIS,
Clerk of the Executive Council.

Licensing Messrs. R. and J. Mitchelson to use and occupy
a Part of the Foreshore of Kaipara Harbour.

GLASGOW, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this fourth day
of June, 1895.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS, there being no Harbour Board empowered
to grant the license hereinafter mentioned, Messrs.
Richard and John Mitchelson, of Dargaville, trading under
the firm or title of "R. and J. Mitchelson," timber mer-
chants (hereinafter called "the licensees"), have 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 the land below
low-water mark immediately contiguous to such foreshore,
in order to erect and maintain thereon certain booms across
the mouth of a creek running through the Aoroa Block into
the Wairoa River, Kaipara Harbour, for the purpose of con-
fming floating timber; and, in accordance with the one hun-
dred 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. 1979), showing the place in
the said creek and river where it is intended to erect
such booms, and the area of foreshore or land below low-
water mark intended to be occupied for such purpose: 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; And whereas it is expedient that a
license under the said Act, for the purpose aforesaid, should
be granted and issued to the licensees, on the terms and con-
ditions 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 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 licensees as aforesaid, and in
further pursuance and exercise of the said power and autho-
rity, and with the like advice and consent as aforesaid,
doth hereby license and permit the licensees to use and
occupy those parts of the foreshore and of the land below
low-water mark immediately contiguous thereto which are
particularly shown and delineated on the plan so depo-
sited as aforesaid, for the purpose of constructing or erect-
ing thereon booms for confining any floating timber of any
kind or description whatsoever belonging to or under the
control of the licensees; such license to be held and enjoyed
by the licensees 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 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 parts of the
   foreshore and of the land below low-water mark necessary
   for the construction of booms across the mouth of a creek
   running through the Aoroa Block into the Wairoa River,
   Kaipara Harbour, which is shown on the said plan marked
   M.D. 1979.

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, in respect of such booms, such annual payments to
   date from the first day of June, one thousand eight hundred
   and ninety-five, and the first of such annual payments to be
   made to the Minister on a copy of this Order in Council
   being supplied to the licensees.

4. Should it at any time be made to appear to the Minister
   that the means of providing proper passage for vessels and
   boats are insufficient, he may, by a notice in writing left at
   or posted to the last known address in New Zealand of the
   licensees, require the licensees to provide such means as may
   be specified in such notice, and they shall thereupon, with all
   convenient speed, cause such means to be provided.

5. That the rights, powers, and privileges conferred by this
   Order in Council shall continue in force for fourteen years,
   computed from the date of this Order in Council, 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.

6. That the said rights, powers, and privileges may be at
   any time resumed by the Governor, and the licensees may
   be required to remove the booms from the said creek and
   river and the bed thereof, at their own cost, without pay-
   ment of any compensation whatever, on giving to the licensees
   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
   licensees in New Zealand.

7. The licensees shall be liable for any injury which may
   be sustained by any vessel or boat in passing through the
   booms or by contact with them, and which may be occa-
   sioned by any default or neglect on their part.

8. 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 booms for a period
of thirty days;
(3.) Fail to pay the sums specified in clause three of
these conditions; or
(4.) Become bankrupt, or be in any manner brought
under the operation of any law in force for the
time being relating to bankruptcy,

then and in any of the said cases this Order in Council, and
every right, power, or privilege may be revoked and deter-
mined 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 rights and privileges thereby conferred, have
been revoked and determined; and upon such revocation
the Minister may cause the said booms, and all other erec-
tions or buildings thereto belonging, to be removed, and may
recover the cost incurred by any such removal from the
licensees.

9. The erection of the booms shall be deemed to be an
   acceptance by the licensees of the conditions of this Order
   in Council.

ALEX. WILLIS,
Clerk of the Executive Council.