Feb. 18.] THE NEW ZEALAND GAZETTE. 507

Licensing J. Smyth and Co. to use and occupy a Part of the
Foreshore of Kennedy Bay.

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, there being no Harbour Board empowered
to grant the license hereinafter mentioned, John
Smyth, of Auckland, timber merchant, trading under the
style of John Smyth and Co. (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, in order to erect and maintain thereon a tramway
in Kennedy Bay, in the Provincial District of Auckland;
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. 2115), showing the place in the said bay
where it is intended to construct such tramway, 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 Administrator of the
Government 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 per-
mit 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 tramway; 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 direc-
   tion 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 Kennedy Bay shown in red on the said plan
   marked M.D. 2115.

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 two pounds ten shillings, and thereafter an annual
   sum of ten shillings, such annual payments to date from
   the first day of January, one thousand eight hundred and
   ninety-seven, 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 autho-
   rity; 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 tramway, 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 tramway
   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 herein-
   before set forth, or any of them ;
   (2.) Cease to use or occupy the said tramway 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 pub-
lication 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 tramway
to be removed, and may recover the cost incurred by any
such removal from the licensee.

8. The construction of the tramway 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.

Shooting Season for Deer, License-fee, &c., County of
Wairarapa South.

JAMES PRENDERGAST,
Administrator of the Government.

IN exercise of the powers vested in me by “The Animals
Protection Act, 1880,” and the Acts amending the same,
I, James Prendergast, the Administrator of the Government
of the Colony of New Zealand, do hereby notify that red
deer (stags only) may be taken or killed within the County
of Wairarapa South (excepting therefrom the area described
in the Schedule hereto) from the first day of April to the
thirtieth day of April, one thousand eight hundred and
ninety-seven, both inclusive (subject, nevertheless, to the re-
strictions in the said Acts mentioned); and I do further
notify that licenses to take or kill such game within the
said district shall be issued on the payment of the sum of
twenty shillings each; and the Chief Postmaster at Welling-
ton, and the Postmasters at Masterton, Carterton, Grey-
town, and Featherston are hereby appointed to issue the
said licenses; and I do further notify that the said licenses
to take or kill such game within the said districts shall be
issued subject to the following conditions, namely:—

1. That no licensee shall be allowed to kill more than
   three stags.

2. That no stag shall be killed carrying antlers with less
   than ten points.

SCHEDULE.

All that area of land in the Huangarua Survey District, in
the County of Wairarapa South, being Sections 29 to 41, in-
clusive, 59, 71, 72, 75, 79, 83, 90, 93, 97, 98, and part of Sec-
tions 70, 74, 78, 82, 86, 89, 92, 91, 94, 95, 96, 87, and 84, now
in the occupation of Mr. John Martin, and known as the
Puruatanga Estate or Station.

As witness the hand of His Excellency the Adminis-
trator of the Government, this thirteenth day of
February, one thousand eight hundred and ninety-
seven.

WM. HALL-JONES,
Acting Colonial Secretary.

Fixing Shooting Season for Native Game, License-fee, &c.,
Buller District.

JAMES PRENDERGAST,
Administrator of the Government.

IN exercise of the powers vested in me by “The Animals
Protection Act, 1880,” and “The Animals Protection
Act Amendment Act, 1881,” I, James Prendergast, Adminis-
trator of the Government of the Colony of New Zealand, do
hereby notify that Native game, excepting tui, huia, white
heron, and crested grebe, may be taken or killed within the
Buller District, consisting of the County of Buller, from the
first day of May, one thousand eight hundred and ninety-
seven, to the thirty-first day of July, one thousand eight
hundred and ninety-seven, both inclusive (subject, neverthe-
less, to the restrictions in the said Acts mentioned); and I
do further notify that licenses to sell Native game shall be
issued on payment of the sum of five pounds each; and the
Chief Postmaster at Westport is hereby appointed to issue
the said licenses.

As witness the hand of His Excellency the Adminis-
trator of the Government, this thirteenth day of
February, one thousand eight hundred and
ninety-seven.

WM. HALL-JONES,
Acting Colonial Secretary.