Mar. 19.] THE NEW ZEALAND GAZETTE. 471

ninety-six, elect Theodore Wood to be Chairman of the Board for the ensuing year :

And whereas it is expedient to validate the said election:

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 power conferred upon me by the said Act, do hereby validate the said election, and do declare that Theodore Wood, the person elected on the said third day of March, one thousand eight hundred and ninety-six, by the Thames Harbour Board to be Chairman of the Board, shall continue to hold office as Chairman of the Thames Harbour Board in the same manner as if the irregularities hereinbefore mentioned in connection with such election had not taken place.

ALEX. WILLIS,
Clerk of the Executive Council.

Licensing Messrs. Leyland, O'Brien, and Co. to use and occupy a Part of the Foreshore of Wharekawa River.

GLASGOW, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this twelfth day of March, 1896.

Present:

THE HONOURABLE R. J. SEDDON PRESIDING IN COUNCIL.

WHEREAS, there being no Harbour Board empowered to grant the license hereinafter mentioned, William Brack Leyland, James Joseph O'Brien, and William Bailey, of Auckland, timber merchants, trading under the firm or style of “Leyland, O'Brien, and Co.” (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 in order to erect and maintain thereon certain booms in the Wharekawa River, Wharekawa Harbour, for the purpose of confining floating timber; and, in accordance with the one hundred and fifty-sixth section of “The Harbours Act, 1878,” have deposited plans in the office of the Marine Department at Wellington (marked M.D. 2062 [two sheets]), showing the place in the said river where it is intended to erect such booms, and the area of foreshore intended to be occupied for such purpose, and the manner in which it is proposed to construct such booms: 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 plans have, 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 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 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 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 which is particularly shown and delineated on the plan so deposited as aforesaid, for the purpose of constructing or erecting 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 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 necessary for the construction of booms in the Wharekawa River, Wharekawa Harbour, which is shown on the said plans marked M.D. 2062.

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 five pounds, in respect of such booms, such annual payments to date from the first day of March, one thousand eight hundred and ninety-six, 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. 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.

5. 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 river and the bed thereof, at their own cost, without payment 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, or either of them, in New Zealand.

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

7. In case the licensees shall—

(1.) Commit or suffer a breach of the conditions hereinbefore 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 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 rights and privileges thereby conferred, have been revoked and determined; and upon such revocation the Minister may cause the said booms, and all other erections or buildings thereto belonging, to be removed, and may recover the cost incurred by any such removal from the licensees.

8. 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.

Decorative Distinction for Saving Life, &c.

GLASGOW, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this twelfth day of March, 1896.

Present:

THE HONOURABLE R. J. SEDDON PRESIDING IN COUNCIL.

WHEREAS it is expedient that regulations should be made for conferring a distinction upon persons who may distinguish themselves by saving, or attempting to save, human life, or by some other act of bravery:

Now, therefore, His Excellency the Governor, with the advice of the Executive Council of New Zealand, and in exercise of all powers and authorities enabling him in this behalf, doth by this present Order institute a distinction to be conferred on persons who have distinguished themselves in saving, or attempting to save, human life, or by other brave deeds.

Firstly. The distinction shall consist of a medal with the name of the colony and the name of the recipient engraved thereon, to be suspended by a blue ribbon, or of a certificate of merit.

Secondly. It shall only be bestowed on those persons who may have distinguished themselves in having saved, or in their endeavour to save, human life, or have performed some very intrepid action.

Thirdly. It shall not be claimed by individuals on their own account, but claims must be made by some independent witness of the acts of bravery; and the Governor may call for such descriptions and attestation of the acts as he may think requisite. Applications to be made as soon as possible after the occurrence for which rewards are claimed, and they will not be recognised if not made within twelve months from the date of the occurrence.

Fourthly. A Board shall be appointed by the Governor, who shall report upon the merits of the claims received.

Fifthly. The distinction shall be awarded by the Governor, and shall be presented by the Governor or by some person from time to time appointed by the Governor for that purpose.