366
THE NEW ZEALAND GAZETTE.
No. 13

sand eight hundred and ninety-eight, bear interest at the rate of one pound per centum per annum, in lieu of the rate of three pounds per centum per annum prescribed by Order in Council made on the eighth day of November, one thousand eight hundred and ninety-five, and that such Order in Council shall, as from the first day of March, one thousand eight hundred and ninety-eight, be and the same is hereby revoked.

ALEX. WILLIS,
Clerk of the Executive Council.

Declaring Part of the Apiti–Norsewood Road, in the Salisbury Block, to be a County Road.

RANFURLY, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this fifteenth day of February, 1898.

Present:

THE RIGHT HONOURABLE R. J. SEDDON PRESIDING IN COUNCIL.

IN pursuance and in exercise of the powers vested in him by “The Public Works Act, 1894,” and of all other powers in anywise enabling him in this behalf, His Excellency the Governor of the Colony of New Zealand, by and with the advice and consent of the Executive Council of the said colony, doth hereby order that the portion of road known as the Apiti–Norsewood Road described in the Schedule below, and which was made by the Governor under the powers contained in “The Public Works Act, 1882,” and amendments, and has hitherto been a Government road, shall, on and after the date of this Order in Council, become a county road.

SCHEDULE.

PORTION OF THE APITI–NORSEWOOD ROAD, IN THE SALISBURY BLOCK.

That portion of the Apiti–Norsewood Road, in the Wellington Land District, in the Apiti and Umutioi Survey Districts, the centre-line of which commences at a road traverse-peg marked xiii. on the left bank of Coal Creek, about 380 links above the junction of the Horopito Creek with Coal Creek, and proceeds thence in a south-easterly direction generally to a road traverse-peg on the north-east of Section No. 7 of Block X., Umutioi Survey District, distant 123456·4 links north and 209323·4 links east of Mount Stewart: as the said road is delineated upon the plan marked S.G. 28791, deposited in the Head Office of the Department of Lands and Survey, at Wellington, in the Wellington Land District, and thereon coloured brown.

ALEX. WILLIS,
Clerk of the Executive Council.

Licensing the Northern Steamship Company (Limited) to use and occupy a Part of the Foreshore of Manukau Harbour.

RANFURLY, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this fifteenth day of February, 1898.

Present:

RIGHT HONOURABLE R. J. SEDDON PRESIDING IN COUNCIL.

WHEREAS, there being no Harbour Board empowered to grant the license hereafter mentioned, the Northern Steamship Company (Limited), of Auckland (hereinafter called “the company”), 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 land below low-water mark in order to construct and maintain thereon a slip for vessels, and dolphins connected therewith, in Manukau Harbour; 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. 2175 [two sheets]), showing the place in the said harbour where it is intended to construct such slip and dolphins, and the area of foreshore and land below low-water mark intended to be occupied for such purpose, and the manner in which it is proposed to construct such slip and dolphins: 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 company, 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 company 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 company to use and occupy that part of the foreshore and land below low-water mark which is particularly shown and delineated on the plans so deposited as aforesaid, for the purpose of constructing or erecting thereon a slip, and dolphins connected therewith, as shown on the said plans M.D. 2175; such license to be held and enjoyed by the company 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 and land below low-water mark necessary for the construction of the slip and dolphins in Manukau Harbour, as shown on the said plans marked M.D. 2175.

3. 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 five pounds, and thereafter an annual sum of one pound, such annual payment to date from the first day of January, one thousand eight hundred and ninety-eight, 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 company.

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 company 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 company may be required to remove the slip and dolphins from the said harbour and bed thereof at its own cost, without payment of any compensation whatever, on giving to the company 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 company in New Zealand.

6. The company shall be liable for any injury which may be sustained by any vessel or boat in the slip or dolphins, or by contact with them, and which may be occasioned by any default or neglect on its part.

7. 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 slip for a period of thirty days;
   (3.) Fail to pay the sums specified in clause three of these conditions; or
   (4.) Be in any manner wound up or dissolved,
   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 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, 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 slip and dolphins, and all other erections or buildings thereto belonging, to be removed, and may recover the cost incurred by any such removal from the company.

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

ALEX. WILLIS,
Clerk of the Executive Council.