934
THE NEW ZEALAND GAZETTE.
[No. 42

160, 620, 760, and 1540 links respectively; towards the south-west by the termination of a road, 105 links, and Sections Nos. 15 and 17 of the aforesaid Parish of Piroingia, 5270 links; and again towards the north-west by Section No. 17 aforesaid and Section No. 16 of the aforesaid parish, 3980 links, to the place of commencement: be all the aforesaid linkages more or less.

ALEX. WILLIS,
Clerk of the Executive Council.

Licensing the Northern Steamship Company (Limited) to use and occupy a Part of the Foreshore of Ohiwa River.

GLASGOW, Governor.

ORDER IN COUNCIL.

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

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"), the Northern Steamship Company (Limited), of Auckland (hereinafter called "the company"), has applied to the Governor in Council for a license under the said Act to occupy a part of the foreshore of the Ohiwa River, in Ohiwa Harbour, in order to erect and maintain a wharf and store thereon, and, in accordance with the one hundred and fifty-sixth section of "The Harbours Act, 1878," has deposited plans in the office of the Marine Department, at Wellington (marked M.D. 1994), showing the area of foreshore and land below low-water mark intended to be occupied, and the manner in which it is proposed to erect the wharf and store: 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 company 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 company 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 company to use and occupy that part of the foreshore and land below low-water mark on which the wharf and store are to be erected, as shown on the plans so deposited as aforesaid, for the purpose of erecting and maintaining the said wharf and store, such license to be held and enjoyed by the company 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 and land below low-water mark occupied by the said wharf and store, as shown on plan marked M.D. 1994.

3. In consideration of the concessions and privileges granted by this Order in Council the company shall, on being supplied with a copy thereof, pay to the Minister the sum of five pounds, and thereafter an annual sum of two pounds, payable on the 1st day of June, dating from the 1st day of June, 1895.

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 store, 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 and store without payment.

6. The company shall maintain the above-mentioned wharf and store in good order and repair; and shall at all times exhibit therefrom and maintain at its own cost suitable and necessary 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 reasonable times enter upon the said wharf and store and view

the state of repairs thereof; and upon such Minister leaving at or posting to the last known registered office of the company in New Zealand a notice in writing of any defect or want of repair in such wharf or store, requiring it within a reasonable time, to be therein prescribed, to repair the same, it shall with all convenient speed cause such defect to be removed or such repairs to be made.

8. Nothing herein contained shall authorise the company 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 ballast of all vessels loading at the said wharf shall be taken away by the company and deposited above high-water mark, or at such place as may be approved of by the Minister, 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 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 company 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 company six 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 registered office of the company in New Zealand.

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

13. In case the company 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 and store for a period of thirty days;
    (3.) Be in any manner wound up or dissolved; or
    (4.) Fail to pay the sum 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 company 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 company, 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 and store, or either of them, shall be sufficient evidence of the acceptance by the company of the terms and conditions of this Order in Council.

ALEX. WILLIS,
Clerk of the Executive Council.

Extending Time for Preparation of Valuation List of County of Hawera.

GLASGOW, Governor.

ORDER IN COUNCIL.

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

Present:

His Excellency the Governor in Council.

WHEREAS it has been made to appear that the valuation list of the County of Hawera, cannot be completed by or within the time mentioned in "The Rating Act, 1894":

Now, therefore, His Excellency the Governor of the Colony of New Zealand, in exercise of the powers vested in him by the said "Rating Act, 1894," and by and with the advice and consent of the Executive Council of the said colony, doth hereby extend the time for completing the preparation of such valuation list until the thirty-first day of July, one thousand eight hundred and ninety-five, and doth also extend the time during which such valuation list shall lie open for inspection, and during which objections thereto may be made, until the twenty-fourth day of August, one thousand eight hundred and ninety-five.

ALEX. WILLIS,
Clerk of the Executive Council.