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THE NEW ZEALAND GAZETTE.

[No. 16

Licensing D. A. Gray to use and occupy a Part of the Fore-
shore of the Manukau Harbour as a Wharf and Shed
Site.

RANFURLY, Governor.

ORDER IN COUNCIL.
At the Government House, at Wellington, this nineteenth
day of February, 1900.

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"), Daniel Alexander Gray (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, on a branch of the Waiuku Creek, in
Manukau Harbour, in order to erect a wharf and shed
thereon, and, in accordance with the one-hundred-and-
fifty-sixth section of "The Harbours Act, 1878," has de-
posited plans in the office of the Marine Department at
Wellington (marked M.D. 2337--two sheets), showing the
area of foreshore intended to be occupied, and the manner
in which it is proposed to erect the wharf and shed: And
whereas the Governor in Council has approved of the pur-
pose 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 pur-
pose aforesaid, on the terms and conditions hereinafter ex-
pressed:

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 afore-
said; 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 and shed are to be erected, as shown on the plans so
deposited as aforesaid, for the purpose of erecting and main-
taining the said wharf and shed thereon, such license to be
held and enjoyed by the licensee upon and subject to the
terms and conditions set forth in the Schedule hereto.

SCHEDULE.

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 necessary for the erection of the wharf and shed,
   as shown on plans marked M.D. 2337.

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 £1, payable
   on the 1st day of February, dating from the 1st day of
   February, 1900, 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 and shed without pay-
   ment.

6. The licensee shall maintain the above-mentioned wharf
   and shed 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 ap-
   proved of by the Minister.

7. Any person authorised by the Minister may at all rea-
   sonable times enter upon the said wharf and shed and view
   the state of repair thereof; and upon such Minister leaving
   at or posting to the last known address of the licensee in
   New Zealand a notice in writing of any defect or want of
   repair in such wharf or shed, requiring him, within a reason-
   able 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 incon-
   sistent with any law relating to the Customs, or any regula-
   tion 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 the Harbourmaster at Manukau, 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 in New Zealand.

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 herein
    before 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 in force 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 publi-
    cation 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 de-
    termined.

14. The erection of the wharf and shed shall be sufficient
    evidence of the acceptance by the licensee of the terms and
    conditions of this Order in Council.

ALEX. WILLIS,
Clerk of the Executive Council.

Licensing G. Swain to use and occupy a Part of the Fore-
shore of Kaipipi Bay, Stewart Island, as a Wharf-site.

RANFURLY, Governor.

ORDER IN COUNCIL.
At the Government House, at Wellington, this nineteenth
day of February, 1900.

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"), George Swain, of Stewart Island,
(hereinafter called "the licensee") has applied to the Go-
vernor in Council for a license under the said Act to occupy a
part of the foreshore, and of the land below low-water mark
adjacent thereto, in Kaipipi Bay, Stewart Island, 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. 2334),
showing the area of foreshore and land below low-water
mark 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 and land below low-water mark
are 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