Feb. 22.] THE NEW ZEALAND GAZETTE. 431

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 of the land below low-water mark on which the wharf is to be erected, as shown on the plan so deposited as aforesaid, for the purpose of erecting and maintaining the said wharf 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.

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SCHEDULE.

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 necessary for the erection of the wharf, as shown on plan marked M.D. 2334.

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 without payment.

6. The licensee shall maintain the above-mentioned wharf 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 approved of by the Minister.

7. Any person authorised by the Minister may at all reasonable times enter upon the said wharf 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, 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.

8. Nothing herein contained shall authorise the licensee 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 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 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 five 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 hereinbefore 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 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 wharf 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.

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Appointing Day for closing under “The Shops and Shop-assistants Act, 1894.”

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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 the local authorities of the Town Districts of Kihikihi and Helensville, being duly authorised by “The Shops and Shop-assistants Act, 1894,” to appoint by special resolution, in the month of January, one thousand nine hundred, the days on which shops in the said town districts are to be closed in accordance with the said Act, have failed so to appoint a day:

Now, therefore, I, Uchter John Mark, Earl of Ranfurly, the Governor of the Colony of New Zealand, acting by and with the consent of the Executive Council of the said colony, and in exercise of the powers in this behalf conferred upon me by section ten of the said Act, do hereby appoint Thursday to be the day on which shops shall be closed in the said Town Districts of Kihikihi and Helensville, in accordance with the said Act.

ALEX. WILLIS,
Clerk of the Executive Council.

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Appointing Day for closing under “The Shops and Shop-assistants Act, 1894.”

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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 the local authority of the Borough of Birkenhead, being duly authorised by “The Shops and Shop-assistants Act, 1894,” to appoint by special resolution, in the month of January, one thousand nine hundred, the day on which shops in the said borough are to be closed in accordance with the said Act, has failed so to appoint a day:

Now, therefore, I, Uchter John Mark, Earl of Ranfurly, the Governor of the Colony of New Zealand, acting by and with the consent of the Executive Council of the said colony, and in exercise of the powers in this behalf conferred upon me by section ten of the said Act, do hereby appoint Wednesday to be the day on which shops shall be closed in the said Borough of Birkenhead, in accordance with the said Act.

ALEX. WILLIS,
Clerk of the Executive Council.

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Appointing Day for closing under “The Shops and Shop-assistants Act, 1894.”

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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 the local authority of the Town District of Papakura, being duly authorised by “The Shops and Shop-assistants Act, 1894,” to appoint by special resolution, in the month of January, one thousand nine hundred, the day on which shops in the said town district are to be closed in accordance with the said Act, have failed so to appoint a day: