Dec. 20.] THE NEW ZEALAND GAZETTE. 2029

Licensing M. Davies to use and occupy a Part of the Foreshore of Kikowhakarere Bay.

RANFURLY, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this nineteenth day of December, 1898.

Present:

His Excellency the Governor in Council.

WHEREAS, there being no Harbour Board empowered to grant the license hereinafter mentioned, Montgomery Davies, of Coromandel (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 of the land below low-water mark of Kikowhakarere Bay, near Coromandel, in order to erect and maintain thereon baths and bath-houses, and any enclosure or fence necessary for the protection or privacy of the same; and, in accordance with the one-hundred-and-fifty-sixth section of “The Harbours Act, 1878,” has deposited plans in the office of the Marine Department at Wellington (marked M.D. 2239, two sheets), showing the place where it is intended to erect such baths and bath-houses, the area of foreshore and land below low-water mark to be occupied for such purpose, and the manner in which it is proposed to erect the baths and bath-houses: 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 without modification or addition: 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 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 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 and land below low-water mark in the position shown on the plan marked M.D. 2239 (sheet 1) for the erection of baths and bath-houses, and any enclosure or fence necessary for the protection or privacy of the same, in accordance with the plan marked M.D. 2239 (sheet 2), and which said license shall 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 and land below low-water mark containing one acre, and coloured pink on plan marked M.D. 2239 (sheet 1), and deposited in the office of the Marine Department as aforesaid.

3. The foreshore and land below low-water mark included in this license shall be used solely for bathing purposes.

4. In consideration of the concessions and privileges granted by this Order in Council, the licensee shall, on being supplied with a copy of this Order in Council, pay to the Minister the sum of two pounds ten shillings, and thereafter an annual sum of two pounds, dating from the first day of December, one thousand eight hundred and ninety-eight, the first of such annual payments to be made on the licensee being supplied with a copy of this Order in Council.

5. The licensee shall, during the subsistence of this Order in Council, provide and maintain proper and sufficient baths, with all necessary appliances and conveniences thereto as will enable the public to use and enjoy the same, and all other advantages hereby conferred in respect of the use and occupation of the foreshore and land below low-water mark, and with or without any charge for the same, and under such regulations for the decent and orderly use thereof as the licensee may make.

6. A printed copy of the regulations affecting the use of the said baths and advantages as aforesaid shall be put up by the licensee in such baths, and a copy thereof shall be sent by the licensee to the Minister.

7. The Minister may at any time within six months of the date of the receipt of a copy of the regulations disallow or alter any part thereof, and such disallowance or alteration shall be communicated by the Minister to the licensee.

8. The licensee shall maintain the above-mentioned baths and bath-houses, and any enclosure or fence, in good order and repair.

9. Any person authorised by the Minister may at all reasonable times enter upon the said baths, bath-houses, enclosure or fence, 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 baths, bath-houses, enclosure, or fence, 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, as the case may be.

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 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 baths, bath-houses, enclosure, or fence 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 provide or maintain the said baths for the use of the public for bathing purposes; or
    (3.) Become bankrupt, or be brought under the operation of any law in force for the time being relating to bankruptcy,
    then and in either of the said cases this Order in Council, and every license, right, power, or privilege thereby conferred, 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.

14. The erection of the baths shall be sufficient proof of the acceptance by the licensee of the conditions of this Order in Council.

ALEX. WILLIS,
Clerk of the Executive Council.

Vesting a Reserve in the Eketahuna Road Board.

RANFURLY, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this nineteenth day of December, 1898.

Present:

His Excellency the Governor in Council.

WHEREAS the land described in the Schedule hereto was permanently set apart as a gravel reserve on the twenty-third day of September, one thousand eight hundred and ninety-eight:

And whereas, in the opinion of the Governor, it is expedient that the said land should be vested in the Eketahuna Road Board:

Now, therefore, 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, and in exercise of the powers and authorities vested in him by the fourth section of “The Public Reserves Act, 1881,” doth hereby declare that, from and after the day of the date hereof, the reserve described in the Schedule hereto shall become vested in “The Inhabitants of the Eketahuna Road District,” in trust, as a gravel reserve.

SCHEDULE.

All that parcel of land in the Wellington Land District, containing by admeasurement 1 acre 2 roods 24 perches, more or less, being Section No. 48, Block VII., Mangaone Survey District. Bounded towards the north by Section No. 46; towards the east generally by a public road; and towards the south-west by a public road: as the same is delineated on the plan deposited in the office of the Chief Surveyor, Wellington.

ALEX. WILLIS,
Clerk of the Executive Council.