506
THE NEW ZEALAND GAZETTE.
[No. 18

Additional Rule under Bankruptcy Act.

JAMES PRENDERGAST,
Administrator of the Government.

ORDER IN COUNCIL.

At the Government House, at Wellington, this fifteenth day of February, 1897.

Present:

HIS EXCELLENCY THE ADMINISTRATOR OF THE GOVERNMENT IN COUNCIL.

IN pursuance and exercise of the powers and authorities in that behalf conferred on him by “The Bankruptcy Act, 1892,” His Excellency the Administrator of the Government of the Colony of New Zealand, acting by and with the advice and consent of the Executive Council of the said colony, doth hereby make the following rule, and doth hereby order and declare that such rule shall take effect on and after the first day of April, one thousand eight hundred and ninety-seven.

RULE.

1. Notwithstanding anything contained in the rules now in force under “The Bankruptcy Act, 1892,” made the 21st day of March, 1893, and published in the New Zealand Gazette of the 23rd day of March, 1893, no fee shall be received or taken by the Registrar in respect of the public examination of any bankrupt.

ALEX. WILLIS,
Clerk of the Executive Council.

Time for Preparation of Roll under Gold Duty Abolition and Mining Property Rating Act extended, Grey County.

JAMES PRENDERGAST,
Administrator of the Government.

ORDER IN COUNCIL.

At the Government House, at Wellington, this fifteenth day of February, 1897.

Present:

HIS EXCELLENCY THE ADMINISTRATOR OF THE GOVERNMENT IN COUNCIL.

WHEREAS, the County Council of the Grey County having failed, through misadventure, to prepare the valuation-roll of mining property in the Grey County in the month of January, one thousand eight hundred and ninety-seven, as required by section seven of “The Gold Duty Abolition and Mining Property Rating Act, 1890,” it is expedient to extend the time for preparing the said roll as hereinafter mentioned :

Now, therefore, His Excellency the Administrator of the Government of the Colony of New Zealand, in order that the purpose and intent of “The Gold Duty Abolition and Mining Property Rating Act, 1890,” may have effect, and in pursuance and exercise of the powers vested in him by “The Rating Act, 1882,” which said Act is incorporated with the first above-mentioned Act, and by and with the advice and consent of the Executive Council of the said colony, doth hereby extend the time for the preparation of the valuation-roll for the Grey County, under “The Gold Duty Abolition and Mining Property Rating Act, 1890,” until the twentieth day of February, one thousand eight hundred and ninety-seven.

ALEX. WILLIS,
Clerk of the Executive Council.

Vesting Management of Wharf in Auckland Harbour in the Kauri Timber Company (Limited).

JAMES PRENDERGAST,
Administrator of the Government.

ORDER IN COUNCIL.

At the Government House, at Wellington, this fifteenth day of February, 1897.

Present:

HIS EXCELLENCY THE ADMINISTRATOR OF THE GOVERNMENT IN COUNCIL.

WHEREAS by section fourteen of “The Harbours Act, 1878” (hereinafter termed “the said Act”), it is enacted that the Governor in Council may vest the management of any wharf the property of Her Majesty in any local governing body or person, upon such terms and conditions as the Governor in Council thinks fit :

And whereas it is thought desirable to vest in the Kauri Timber Company (Limited) the management of a wharf situated in Auckland Harbour on the terms and conditions hereinafter set forth :

Now, therefore, His Excellency the Administrator of the Government of the Colony of New Zealand, acting by and with the advice and consent of the Executive Council of the said colony, and in pursuance and exercise of the power and authority vested in him by the said fourteenth section of the said Act, and of all other powers and authorities in anywise enabling him in that behalf, doth hereby vest the management of the wharf aforesaid, as shown on plans marked M.D. 724, 725, and 726, and deposited in the office of the Marine Department at Wellington, in the Kauri Timber Company (Limited) (hereinafter called “the company”), subject to the following conditions:—

CONDITIONS OF MANAGEMENT.

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. All persons shall at all reasonable times, upon payment of the proper dues, have free and full liberty to use the said wharf, and all rights of ingress and egress thereon and therefrom.

3. 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 without payment.

4. The company shall maintain the above-mentioned wharf 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.

5. Any person authorised by the Minister may at all reasonable times enter upon the said wharf and view the state of repair thereof; and upon such Minister leaving at or posting to the last-known address of the company a notice in writing of any defect or want of repair in such wharf, 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.

6. The company shall not erect, or suffer to be erected, on the said wharf any building or structure whatever except with the consent of the Minister.

7. 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.

8. 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 Auckland Harbour Board.

9. 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 written consent of the Minister first obtained.

10. 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.

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

12. 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 £3, and thereafter an annual sum of £2, dating from the 1st day of January, 1897; the first of such payments to be made on the company being supplied with a copy of this Order in Council.

13. In case the company 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 wharf for a period of thirty days; or
    (3.) Be in any manner wound up or dissolved,
    then and in either 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 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, of the facts stated in such Order in Council.

ALEX. WILLIS,
Clerk of the Executive Council.