Nov. 20.] THE NEW ZEALAND GAZETTE. 1941

Dated at , the day of , 189 .

(Signature of applicant.)

Second Schedule.

[Set out true copy of application as above.]

The above application and any objections thereto will be heard at the Warden's Office at , on , 189 .

Any person desiring to object to the grant of a prospecting license for the land applied for, or any part thereof, must, at least three days prior to the day hereinbefore appointed for hearing of such application, lodge a full statement of his objections at the Warden's office at , and also post by registered letter a true copy of such statement to the applicant, addressed to him at his address for service as set forth in the application.

(Signature of Warden.)

Third Schedule.--Form of Prospecting License.

Know all men that , the applicant for a prospecting license under "The Mining Act Amendment Act, 1896," in respect of the land described in the schedule hereto, having fulfilled to my satisfaction the conditions precedent to the grant thereof:

Now, therefore, I, , Warden of the Court constituted for the Mining District, do hereby grant this prospecting license unto the said , his executors, administrators, or assigns, authorising and enabling him to prospect for gold or silver for a period of upon the said land, which is at present owned or occupied by .

This license, unless sooner forfeited, shall continue in force until the day of , 18 , and is granted and issued under the provisions and subject to the conditions prescribed by "The Mining Act Amendment Act, 1896," and the regulations thereunder, and subject also to the following terms and conditions [Here set out the terms and conditions (if any) prescribed by the Warden].

Schedule.--Description of land above referred to.

, Warden for the Mining District of

As witness the hand of His Excellency the Governor, this seventeenth day of November, one thousand eight hundred and ninety-six.

W. C. WALKER,
For Minister of Mines.

Licensing William Hayes to use and occupy a Part of the Foreshore of Whangaroa Harbour.

GLASGOW, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this sixteenth day of November, 1896.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS, there being no Harbour Board empowered to grant the license hereinafter mentioned, William Hayes, of Whangaroa (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, and the land below low-water mark immediately contiguous to such foreshore, in order to erect and maintain thereon a boat- and landing-shed in Whangaroa Harbour; 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. 2093), showing the place in the said harbour where it is intended to erect such shed, and the area of foreshore 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 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 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 which is particularly shown and delineated on the plan so deposited as aforesaid, for the purpose of constructing or erecting thereon a boat-and landing-shed; 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 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 in Whangaroa Harbour shown as “Proposed shed” on the said plan marked M.D. 2093.

3. In consideration of the concessions and privileges granted by this Order in Council, the licensee 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, such annual payments to date from the first day of November, 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 licensee.

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 licensee 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 licensee may be required to remove the shed, 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 in New Zealand.

6. The licensee shall be liable for any injury which may be sustained by any vessel or boat in passing the shed or by contact with it, and which may be occasioned by any default or neglect on his part.

7. In case the licensee 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 shed 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 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 rights and privileges thereby conferred, have been revoked and determined; and upon such revocation the Minister may cause the said shed, and all other erections or buildings thereto belonging, to be removed, and may recover the cost incurred by any such removal from the licensee.

8. The erection of the shed shall be deemed to be an acceptance by the licensee of the conditions of this Order in Council.

ALEX. WILLIS,
Clerk of the Executive Council.