Aug. 24.] THE NEW ZEALAND GAZETTE. 1557

And whereas it is thought desirable to vest in Otamatea County Council the management of the Tokatoka Wharf on the terms and conditions hereinafter set forth, to make regulations, and to prescribe the dues and rates which shall be taken by the said Council for the use of such wharf:

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 and seventeenth sections 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 Tokatoka Wharf, situated at Tokatoka, on the Wairoa River, Kaipara, as shown on plan marked M.D. 425, and deposited in the office of the Marine Department at Wellington, in the Otamatea County Council, subject to the conditions set forth in the First Schedule hereto; doth hereby prescribe that the dues and rates set forth in the Second Schedule hereto shall, on and after the date of this Order in Council, be taken by the said Council for the use of the said wharf.

FIRST SCHEDULE.

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. That the Otamatea County Council (hereinafter referred to as “the Council”) 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 its 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”).

4. 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 the Council a notice in writing of any defect or want of repair in such wharf or buildings, requiring the Council, within a reasonable time, to be therein prescribed, to make good or repair the same, the Council shall, with all convenient speed, cause such defect to be removed or such repairs to be made.

5. That the Council 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. That the Council shall appoint all officers necessary for the working and management of the wharf.

7. That nothing herein contained shall authorise the Council 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 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.

9. 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 the Council 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 the Council, its successors or assigns. No compensation or allowance shall be payable in such case.

10. The Council 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 Council.

11. In case the Council 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 Council 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 Council and to all persons concerned or interested, of the facts stated in such Order in Council.

SECOND SCHEDULE.

WHARFAGE.

£ s. d.

On every vessel under 20 tons register, per day or part of a day .. .. .. 0 1 0

On every vessel under 20 tons register, for every day or part of a day that such vessel shall be alongside a vessel lying at the wharf.. .. 0 0 6

On every vessel under 20 tons register undergoing repairs, or fitting out alongside the wharf, or lying off the wharf with a line attached thereto, per day or part of a day .. .. .. 0 0 6

On every vessel of 20 tons register or upwards, per ton per day or part of a day .. .. 0 0 0½

Minimum charge on sailing-vessels, per day or part of a day .. .. .. 0 1 0

Minimum charge on steamers, per day or part of a day .. .. .. 0 1 6

On every vessel of 20 tons register and upwards lying alongside a vessel at a wharf or lying off the wharf with a line attached thereto, or undergoing repairs, or fitting out alongside of a wharf, per day or part of a day .. .. 0 0 0½

Minimum charge, per day or part of a day .. 0 0 6

On all stone or shingle ballast landed on the wharf, per ton .. .. .. 0 0 6

On all other kinds of ballast as per agreement.

ALEX. WILLIS,
Clerk of the Executive Council.

Order in Council under “The Electrical Motive-power Act, 1896.”—Borough of Stratford.

RANFURLY, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this twenty-first day of August, 1899.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

Whereas by an Act of the General Assembly of New Zealand intituled “The Stratford Electric Lighting Act, 1898,” it is enacted (amongst other things) that, subject and without prejudice to “The Electric Lines Act, 1884,” “The Municipal Corporations Act, 1886,” “The Counties Act, 1886,” and “The Electrical Motive-power Act, 1896,” and any amendment thereof respectively, the Stratford Electrical Supply Company (Limited) may supply electrical energy for public and private purposes within the whole or any part or parts of the area of supply mentioned in the said Act now in recital, upon such terms and conditions, for such period or periods of time, and subject to such regulations and provisions for securing the safety, convenience, and welfare of the public, as may be agreed upon between the company and the local authority or authorities having jurisdiction within such area of supply: And whereas the said company has, in accordance with the hereinbefore-recited enactment, applied to the Mayor, Councillors, and Burgesses of the Borough of Stratford, duly incorporated under “The Municipal Corporations Act, 1886” (hereinafter called “the said Corporation”), and being a local authority within the meaning of “The Stratford Electric Lighting Act, 1898,” for a grant of the right or concession hereinafter set forth: And whereas by section two of “The Electrical Motive-power Act, 1896,” it is declared that, notwithstanding anything to the contrary contained in any other Act, it shall not be lawful for any local authority to grant to any person any right or concession for the purpose of either generating or using electricity as a motive-power without in each instance the previous consent of the Governor by Order in Council gazetted:

Now, therefore, His Excellency the Governor of the Colony of New Zealand, in pursuance and exercise of the powers and authorities vested in him by “The Electrical Motive-power Act, 1896,” and of all other powers and authorities in anywise enabling him in that behalf, and by and with the advice and consent of the Executive Council of the said colony, doth hereby consent to the grant by the said Corporation to the said company of the sole and exclusive right during the term of twenty-one years from the thirteenth day of September, one thousand eight hundred and ninety-eight, of generating and supplying as a motive-power electrical energy to the said Corporation for all streets and places controlled by the said Corporation, subject always to the rights of purchase created by “The Stratford Electric Lighting Act, 1898,” and also to the due creation and execution of such an instrument as may be necessary to carry out the provisions of section three of the said Act.

ALEX. WILLIS,
Clerk of the Executive Council.