1364
THE NEW ZEALAND GAZETTE.
[No. 64

Vesting Management of Wharf at Tame Tame, Whangaroa Harbour.

RANFURLY, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this twenty-fourth day of July, 1899.

Present:

His Excellency the Governor in Council.

WHEREAS by section fourteen of “The Harbours Act, 1878” (hereinafter termed “the said Act”), it is enacted that the Governor in Council may vest the management of any wharf the property of Her Majesty in any local governing body or person, upon such terms and conditions as the Governor in Council thinks fit:

And whereas it is thought desirable to vest in Thomas Major Lane and William Brown (trading under the style or title of “Lane and Brown”) the management of the wharf at Tame Tame, Whangaroa Harbour, as shown on plan marked M.D. 674, and deposited in the office of the Marine Department at Wellington:

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 pursuance and exercise of the power and authority vested in him by the said fourteenth section of the said Act, and of all other powers and authorities in anywise enabling him in that behalf, doth hereby vest the management of the wharf at Tame Tame in Whangaroa Harbour, as shown on plan marked M.D. 674, and deposited in the office of the Marine Department at Wellington, in Thomas Major Lane and William Brown (trading under the style or title of “Lane and Brown”), subject to the following terms and conditions, viz.:

CONDITIONS OF MANAGEMENT.

1. That all Her Majesty’s subjects shall, at all reasonable times, and upon payment of the proper dues, have free and full liberty to use the above-mentioned wharf, and rights of ingress and egress thereto and therefrom.

2. That 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, over, and out of the wharf without payment.

3. In consideration of the concessions and privileges granted by this Order in Council, Messrs. Lane and Brown 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 July, dating from the 1st July, 1899.

4. That Messrs. Lane and Brown shall maintain and keep the above-mentioned wharf, and all erections on or in connection therewith, in good order and repair; and shall at all times permit to be erected and exhibited therefrom any lights for the guidance of vessels, and shall maintain at their own cost any such lights: Provided that no new light shall be exhibited until after it has been approved by the Minister for the time being having charge of the Marine Department (hereinafter referred to as “the said Minister”).

5. That any person authorised by the said Minister, or any officer acting with his approval, may at all reasonable times enter upon the said wharf, and any buildings erected thereon or in connection therewith, and view the state of repair thereof; and that, upon his leaving at or posting to the last-known address of Messrs. Lane and Brown a notice in writing of any defect or want of repair in such wharf or buildings, requiring them, within a reasonable time, to be therein prescribed, to make good or repair the same, they shall, with all convenient speed, cause such defect to be removed or such repairs to be made.

6. That Messrs. Lane and Brown 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.

7. That nothing herein contained shall authorise Messrs. Lane and Brown 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 thereunder.

8. That the ballast of all vessels loading or discharging at the said wharf shall be taken away by Messrs. Lane and Brown, and deposited above high-water mark, or at such place as may be approved of by some person appointed by the Minister for the purpose.

9. That 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. That 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 Messrs. Lane and Brown six calendar months’ 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 Messrs. Lane and Brown. No compensation or allowance shall be payable in such case.

11. Messrs. Lane and Brown 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 their part.

12. In case Messrs. Lane and Brown 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 consecutive days;

(3.) Fail to pay the sums specified in clause 3 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 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 Messrs. Lane and Brown or other proceeding whatsoever; and publication in the New Zealand Gazette of an Order in Council containing such revocation shall be sufficient notice to Messrs. Lane and Brown, and to all persons concerned or interested, of the facts stated in such Order in Council.

ALEX. WILLIS,
Clerk of the Executive Council.

Notifying Error in Reservation of Land in the Auckland Land District.

RANFURLY, Governor.

WHEREAS, owing to the confusion arising from several sections being renumbered in the Mining Township of Karangahake, Auckland Land District, an error was made by the reservation of Lot 17, Section 1, of the said township for a site for a post and telegraph office by notices published in Gazette No. 54, of the twenty-first day of July, one thousand eight hundred and ninety-eight, and No. 68, of the fifteenth day of September, one thousand eight hundred and ninety-eight, temporarily and permanently reserving the said land:

And whereas it is expedient to cancel the said notifications:

Now, therefore, I, Uchter John Mark, Earl of Ranfurly, the Governor of the Colony of New Zealand, do hereby cancel the said notifications of the thirteenth day of July, one thousand eight hundred and ninety-eight, and the twelfth day of September, one thousand eight hundred and ninety-eight, respectively, in so far as they relate to Lot 17, Section 1, Town of Karangahake, aforesaid.

As witness the hand of His Excellency the Governor, this twenty-sixth day of July, one thousand eight hundred and ninety-nine.

WM. HALL-JONES,
For Minister of Lands.

Trustees for Havelock (Hawke’s Bay) Cemetery appointed.

RANFURLY, Governor.

IN pursuance and exercise of the powers and authorities vested in me by the sixth section of “The Cemeteries Act, 1882,” I, Uchter John Mark, Earl of Ranfurly, the Governor of the Colony of New Zealand, do hereby appoint

HUGH CAMPBELL

to be a Trustee, in the place of William Douglas, deceased, to provide for the care and maintenance of the Havelock (Hawke’s Bay) Cemetery, in conjunction with the other persons previously appointed by His Excellency the Governor.

As witness the hand of His Excellency the Governor, this eighteenth day of July, one thousand eight hundred and ninety-nine.

WM. HALL-JONES,
For Minister of Lands.

Trustees for Anderson’s Bay Cemetery appointed.

RANFURLY, Governor.

IN pursuance and exercise of the powers and authorities vested in me by the sixth section of “The Cemeteries Act, 1882,” I, Uchter John Mark, Earl of Ranfurly, the Governor of the Colony of New Zealand, do hereby appoint

THOMAS BEGG,
THOMAS SOMERVILLE, Jun., and
ALEXANDER SMAILE

to be Trustees, in the place of Adam Begg, deceased, and Alexander Mathieson and James H. Popham, who have