1116
THE NEW ZEALAND GAZETTE.
[No. 51

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 plans 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.

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 plans marked M.D. 2351.

3. In consideration of the concessions and privileges granted by this Order in Council, the licensee shall pay to the Minister an annual sum of 5s., payable on the 1st day of May, dating from the 1st day of May, 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 the settlers of the district shall, at all reasonable times, have free and full liberty to use the said wharf without charge, 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, on being required to do so by the Minister, shall 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 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 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.

Vesting Reserves in the Cheviot County Council.

RANFURLY, Governor.
ORDER IN COUNCIL.
At the Government Buildings, at Wellington, this seventh day of June, 1900.

Present:

THE HONOURABLE J. CARROLL PRESIDING IN COUNCIL.

WHEREAS the lands mentioned in the Schedule hereto were set aside permanently as reserves for the purposes named on the date specified therein:

And whereas, in the opinion of the Governor, it is expedient that the said lands should be vested in the Cheviot County Council:

Now, therefore, His Excellency the Governor of the Colony of New Zealand, acting by and with the advice and consent of the Executive Council of the said colony, and in exercise of the powers and authorities vested in him by the fourth section of “The Public Reserves Act, 1881,” doth hereby declare that, from and after the day of the date hereof, the reserves mentioned in the Schedule hereto shall become vested in “The Chairman, Councillors, and Inhabitants of the Cheviot County,” in trust, as reserves for the purposes named in the said Schedule.

SCHEDULE.

CANTERBURY LAND DISTRICT.

LOWRY PEAKS SURVEY DISTRICT.

| 3136 | IV. | 2 0 0 | 29th April, 1897 | Gravel |
| 3137 | VII. | 2 2 16 | " | " |
| 3138 | VIII.| 2 0 0 | " | " |
| 3140 | VII. | 3 0 0 | " | Quarry |
| 3141 | IX. | 5 0 0 | " | " |
| 3142 | XI. | 2 2 11 | " | " |
| 3144 | IX. | 3 0 0 | " | " |

CHEVIOT SURVEY DISTRICT.

ALEX. WILLIS,
Clerk of the Executive Council.

Wardens under “The Mining Act, 1898,” appointed.

RANFURLY, Governor.
ORDER IN COUNCIL.
At the Government Buildings, at Wellington, this seventh day of June, 1900.

Present:

THE HONOURABLE J. CARROLL PRESIDING IN COUNCIL.

WHEREAS by section eleven of “The Mining Act, 1898,” it is enacted that the Governor may from time to time, as he thinks fit, by Order in Council, appoint fit persons to be Wardens, who shall hold office during the Governor’s pleasure:

Now, therefore, His Excellency the Governor of the Colony of New Zealand, in pursuance and exercise of the power and authority conferred by the said section eleven of “The Mining Act, 1898,” and by and with the advice and consent of the Executive Council of the said colony, doth hereby appoint

FREDERICK JAMES BURGESS, Esquire, and
JAMES McENNIS, Esquire,

to be Wardens, to hold and exercise the duties of such office, under and subject to the provisions of the said Act, during pleasure.

ALEX. WILLIS,
Clerk of the Executive Council.