734
THE NEW ZEALAND GAZETTE.
[No. 30

Licensing Messrs. Lane and Brown to use and occupy a Part
of the Foreshore of Whangaroa Harbour.

RANFURLY, Governor.
ORDER IN COUNCIL.
At the Government Buildings, at Wellington, this thirtieth
day of March, 1899.

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

WHEREAS, there being no Harbour Board empowered
to grant the license hereinafter mentioned, Thomas
Major Lane and William Brown, of Whangaroa, trading
under the style or title of “Lane and Brown” (hereinafter
called “the licensees”), have applied to the Governor in
Council for a license under “The Harbours Act Amend-
ment Act, 1883” (hereinafter called “the said Act”), to
occupy a part of the foreshore of Whangaroa Harbour, in
order to erect and maintain thereon a sawmill, and shed
for stacking timber; 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. 2229A and M.D.
2251), showing the place where it is intended to erect
such sawmill and shed, the area of foreshore to be oc-
cupied for such purpose, and the manner in which it
is proposed to erect the sawmill and shed: 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 naviga-
tion; 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 ex-
pedient that a license under the said Act, for the purpose
aforesaid, should be granted and issued to the licensees 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 licensees 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 licensees to
use and occupy that part of the foreshore in the position
shown on the plan marked M.D. 2229A, and enclosed in black
lines, for the erection of a sawmill and shed, in accordance
with the plan marked M.D. 2251, and which said license
shall be held and enjoyed by the licensees 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 de-
   fined 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 enclosed in black lines on plan marked M.D. 2229A,
   and deposited in the office of the Marine Department as
   aforesaid.

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

4. Any person authorised by the Minister may at all rea-
   sonable times enter upon the said premises and view the state
   of repair thereof; and upon such Minister leaving at or
   posting to the last known address of the licensees a notice
   in writing of any defect or want of repair in such premises,
   requiring them, within a reasonable time, to be therein pre-
   scribed, to repair the same, they shall with all convenient
   speed cause such defect to be removed or such repairs to be
   made, as the case may be.

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

6. 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 licensees 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 licensees.

7. The licensees shall be liable for any injury which any
   work or structure on the said premises may cause any vessel
   or boat to sustain through any default or neglect on the part
   of the licensees.

8. In case the licensees shall—
   (1.) Commit or suffer a breach of the conditions herein-
   before set forth, or any of them;
   (2.) Cease to provide or maintain any work or structure
   on the said premises in good order and condition;
   or
   (3.) Become bankrupt, or be brought under the opera-
   tion 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 con-
   ferred, may be revoked and determined by the Governor in
   Council without any notice to the licensees or other pro-
   ceeding whatsoever; and publication in the New Zealand
   Gazette of an Order in Council containing such revocation
   shall be sufficient notice to the licensees, 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.

Native Land proposed to be taken for the Construction of a
Police-station at Te Whaiti, County of Whakatane.

RANFURLY, Governor.
ORDER IN COUNCIL.
At the Government House, at Wellington, this twenty-
eighth day of February, 1899.

Present:
HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS the land mentioned in the Schedule hereto
is required to be taken for a public work, to wit,
the construction of a police-station at Te Whaiti, County of
Whakatane:

And whereas the said land is held or occupied by Native
owners under a title which is not derived from the Crown:
And whereas a map has been prepared in duplicate showing
accurately the position and extent of the said land, as re-
quired by the eighty-eighth section of “The Public Works
Act, 1894”:

Now, therefore, in pursuance and exercise of the powers
vested in him by the eighty-eighth section of the said Act
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 Execu-
tive Council of the said colony, doth hereby declare that the
land shown upon such map, and described in the Schedule
hereto, shall be deemed to be taken for the purposes of the
said police-station as from the fifteenth day of April, one
thousand eight hundred and ninety-nine.

SCHEDULE.

In the Land District of Auckland; as the said parcel of
land is more particularly delineated on the plan marked
P.W.D. 18459, deposited in the office of the Minister for
Public Works, at Wellington, in the Provincial District of
Wellington, and thereon coloured red.

ALEX. WILLIS,
Clerk of the Executive Council.

Altering the Name of the Borough of Newton.

(L.S.)
RANFURLY, Governor.
A PROCLAMATION.

WHEREAS by sections two and three of “The Design-
ation of Districts Act, 1894” (hereinafter termed
“the said Act”), it is provided that the Governor in Council
may, at the request or with the consent of the Council of
any county, city, or borough, alter the geographical name or
designation of any place or locality in the colony :