Nov. 3.] THE NEW ZEALAND GAZETTE. 1777

speed, cause such defect to be removed or such repairs to be made.

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

6. The Board shall appoint all officers necessary for the working and management of the wharf.

7. The Board shall keep a separate account of the receipts and expenditure on account of such wharf, and shall cause such account to be balanced to the 31st day of March in every year, and shall send a copy of such account, when balanced, to the Marine Department, and shall supply any particulars in reference thereto as may be required by the Marine Department.

8. Nothing herein contained shall authorise the Board 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.

9. The rights, powers, and privileges hereby conferred shall continue in force for fourteen years, computed from the date of the foregoing Order in Council, unless in the meantime altered, modified, or revoked.

10. The rights, powers, and privileges conferred under or by virtue of the foregoing Order in Council may be at any time resumed by the Governor, on giving to the Board six calendar months’ previous notice in writing. Any such notice shall be sufficient if given by the Governor or the said Minister, or by any person acting under his or their instructions, and delivered at or posted to the last known address of the Board, its successors or assigns. No compensation or allowance shall be payable in such case.

11. The Board shall be liable for any injury which may be caused at the said wharf to any vessel or boat through any default or neglect on the part of the Board.

12. In case the Board shall—
    (1.) Commit or suffer a breach of the conditions hereinbefore set forth, or any of them; or
    (2.) Cease to use or occupy the said wharf for a period of thirty consecutive days,
    then and in either of the said cases every right, power, or privilege hereby conferred may be revoked and determined by the Governor in Council without notice to the Board 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 Board, and to all persons concerned or interested, of the facts stated in such Order in Council.

ALEX. WILLIS,
Clerk of the Executive Council.

Licensing G. J. Black to use and occupy a Part of the Foreshore of Akaroa Harbour as a Wharf-site.

RANFURLY, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this thirty-first day of October, 1898.

Present:

His Excellency the Governor in Council.

WHEREAS, there being no Harbour Board empowered to grant the license hereinafter mentioned under “The Harbours Act Amendment Act, 1883” (hereinafter called “the said Act”), Greacen Joseph Black, of Akaroa, sheep-farmer (hereinafter called “the licensee”), has applied to the Governor in Council for a license under the said Act to occupy a part of the foreshore in Akaroa Harbour, in order to erect a wharf thereon, 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. 2217) showing the area of foreshore intended to be occupied, and the manner in which it is proposed to erect the wharf: And whereas the Governor in Council has approved of the purpose for which the said foreshore is to be occupied: And whereas it is expedient that a license should be granted and issued to the licensee under the said Act for the purpose aforesaid, 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 of all other powers and authorities enabling him in that behalf, and by and with the advice and consent of the Executive Council of the said Colony, doth hereby approve of the 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 on which the wharf is to be erected, as shown on the plan so deposited as aforesaid, for the purpose of erecting and maintaining the said wharf thereon, such license to be held and enjoyed by the licensee upon and subject to the following terms and conditions, viz.:

CONDITIONS.

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 which is marked “Wharf” on plan marked M.D. 2217.

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 £2 10s., and thereafter an annual sum of 10s., payable on the 1st day of September, dating from the 1st day of September, 1898, the first of such annual payments to be made on the licensee being supplied with a copy of this Order in Council.

4. 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.

5. 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.

6. The licensee shall maintain the above-mentioned wharf in good order and repair; and shall at all times exhibit therefrom and maintain at his 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.

7. 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 licensee a notice in writing of any defect or want of repair in such wharf, requiring him, within a reasonable time, to be therein prescribed, to repair the same, he shall with all convenient speed cause such defect to be removed or such repairs to be made.

8. Nothing herein contained shall authorise the licensee 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.

9. The ballast of all vessels loading at the said wharf shall be taken away by the licensee and deposited above high-water mark, or at such place as may be approved of by the Minister, or by any person appointed by the Minister for that purpose.

10. 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 licensee shall not assign, charge, or part with any such right, power, or privilege without the previous written consent of the Minister first obtained.

11. 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 licensee 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 address of the licensee.

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

13. 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 wharf for a period of thirty days;
    (3.) Become bankrupt or be in any manner brought under the operation of any Act for the time being relating to bankruptcy; or
    (4.) Fail to pay the sums specified in clause 3 of these conditions,
    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 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 license, rights, and privileges thereby granted and conferred, have been revoked and determined.

ALEX. WILLIS,
Clerk of the Executive Council.