1666
THE NEW ZEALAND GAZETTE.
[No. 78

Licensing Mrs. Drake to use and occupy a Part of the Foreshore of Purakanui Bay.

GLASGOW, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this nineteenth day of October, 1895.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS, there being no Harbour Board empowered to grant the license hereinafter mentioned, Elizabeth Drake, of Purakanui (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 Purakanui Bay, in order to erect and maintain thereon a dwelling-house, 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. 2028), showing the place where it is intended to erect such dwelling-house, the area of foreshore to be occupied for such purpose, and the manner in which it is proposed to erect the house: 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, 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 coloured pink on the plan marked M.D. 2028, for the erection of a dwelling-house in accordance with the plan marked M.D. 2028, 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 coloured pink on plan marked M.D. 2028, 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, on demand, pay to the Minister the annual sum of one shilling.

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 without payment.

5. The licensee shall complete the erection of the said dwelling-house, in accordance with the approved plan marked M.D. 2028, within twelve calendar months from the date of this Order in Council.

6. The licensee shall maintain the above-mentioned house in good order and repair.

7. 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.

8. 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.

9. 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 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 address of the licensee.

10. In case the licensee shall—
    (1.) Commit or suffer a breach of the conditions hereinbefore set forth, or any of them; or
    (2.) Cease to use or occupy the said house;
    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.

11. The erection of the dwelling-house 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.

“The Education Act, 1877.”—Payments to Education Boards.

GLASGOW, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this nineteenth day of October, 1895.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

IN exercise and pursuance of the powers and authorities vested in him by “The Education Act, 1877,” His Excellency the Governor, with the advice and consent of the Executive Council of the colony, doth hereby make the regulation hereto annexed regarding certain payments of capitation allowance to Education Boards; and, with the like advice and consent, doth hereby prescribe that this Order shall come into force on the date of the first publication thereof in the New Zealand Gazette.

REGULATION.

Notwithstanding anything to the contrary contained in an Order in Council made on the 5th day of January, 1888, under the provisions of “The Education Act, 1877,” relating (inter alia) to attendance registers and returns, the payment of capitation allowance to Education Boards for the quarter ending on the 31st day of December, 1895, shall be according to the working-average attendance of the quarter ending on the 30th day of September, 1895, as working average is defined by Order in Council dated the 5th day of July, 1887, and made under the provisions of the before-mentioned Act.

ALEX. WILLIS,
Clerk of the Executive Council.

Additional Rule for Magistrates' Courts.

GLASGOW, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this nineteenth day of October, 1895.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS by the ninth section of “The Magistrates' Courts Act, 1893,” it is enacted that the Governor may by Order in Council from time to time prescribe, alter, vary, suspend, or rescind rules or regulations for the several purposes therein mentioned:

And whereas it is expedient to make the rule set out in the Schedule hereto:

Now, therefore, His Excellency the Governor of the Colony of New Zealand, in pursuance and exercise of the powers and authorities conferred by the said Act, and by and with the advice and consent of the Executive Council of the said colony, doth hereby make and prescribe the additional rule set forth in the Schedule hereto, to take effect as from the first day of November, one thousand eight hundred and ninety-five.

SCHEDULE.

The fees prescribed in Appendix D of the rules made under “The Magistrates' Courts Act, 1893,” by the Governor in Council on the 4th day of June, 1894, and published in the New Zealand Gazette of the 11th day of June, 1894, in respect of “judgment on confession, by consent, or by default (when no witness is sworn),” shall be held to include the filing or lodging of the written confession with the Clerk of the Court; and no fee shall be payable for lodging with the Clerk of the Court the written order referred to in Rule No. 53 of the said rules.

ALEX. WILLIS,
Clerk of the Executive Council.