Feb. 28.] THE NEW ZEALAND GAZETTE. 527

Numbers receiving Instruction in each Subject prescribed by the Act.

Approved: , Chairman of Committee. Date: , 19.
Signed: , Principal Teacher. Date: , 19.

ALEX. WILLIS,
Clerk of the Executive Council.

Vesting Management of Coromandel Wharf in the Coromandel County Council, and fixing Dues, Rates, and Regulations.

RANFURLY, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this twenty-fifth day of February, 1901.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

IN pursuance and exercise of the power and authority vested in him by “The Harbours Act, 1878” (hereinafter termed “the said Act”), and of all other powers and authorities in anywise enabling him in that behalf, 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, doth hereby vest the management of the Coromandel Wharf, which is situated in Coromandel Harbour, and shown on plan marked M.D. 2034 and deposited in the office of the Marine Department at Wellington, in the Coromandel County Council, subject to the conditions set forth in the First Schedule hereto; and doth hereby prescribe that the dues and rates specified in the Second Schedule hereto shall be charged and taken for the use of the said wharf on and after the date of the publication in the New Zealand Gazette of this Order in Council.

And His Excellency the Governor of the said colony, with the like advice and consent, and in pursuance and exercise of the power and authority granted to him by the said Act, and of all other powers and authorities enabling him in this behalf, doth hereby make the regulations contained in the Third Schedule hereto, and doth order that the same shall, on and after the date of the publication of this Order in Council in the New Zealand Gazette, apply to the Port or Harbour of Coromandel, and to the wharf aforesaid.

FIRST SCHEDULE.

CONDITIONS OF MANAGEMENT.

1. THAT all His 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 His 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 Coromandel County Council (hereinafter termed “the said Council”) shall maintain and keep the above-mentioned wharf, and all erections thereon, in good order and repair; and shall at all times exhibit on the wharf suitable and necessary lights for the guidance of vessels, and shall maintain at its own cost such lights: Provided that no light shall be exhibited until after it has been approved of 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, and view the state of repair thereof; and that, upon his leaving at or posting to the last known address of the said 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 repair the same, the said Council shall, with all convenient speed, cause such defect to be removed or such repairs to be made.

5. That the said 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 said Council shall keep a separate account of the receipts and expenditure on account of such wharf, and shall cause such account to be balanced to the thirty-first day of March in every year, and shall send a copy of such account when balanced to the said Minister, and shall supply any particulars in reference thereto that may be required by the said Minister, or any person acting with his approval.

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

8. That nothing herein contained shall authorise the said 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 regulation thereunder.

9. That the ballast of all vessels loading at the said wharf shall be taken away by the said Council, and deposited above high-water mark, or at such other place as may be approved of by the said Minister, or by any person appointed by the said Minister for that purpose.

10. 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 by competent authority; and the said Council shall not assign, charge, or part with any such right, power, or privilege without the previous written consent of the said Minister first obtained.

11. That the rights, powers, and privileges conferred under or by virtue of the foregoing Order in Council, or any of them, may be at any time resumed by the Governor, without payment or any compensation whatever, on giving to the said Council six calendar months’ previous 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 said Council, its successors or assigns.

12. 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.

13. 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 any 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.

SHIPPING WHARFAGE.

1. FOR every vessel hauling alongside the said wharf the master or owner shall pay 10s. per quarter for vessels of 20 tons register and under, and 6d. per ton per quarter additional for all vessels over 20 tons; such payment to be made in advance, commencing the quarters on the first days of January, April, July, and October in each year, at the office of the Coromandel County Council.

2. For every vessel not paying quarterly as aforesaid the master or owner shall pay, for every day or part of a day such vessel is alongside the said wharf, 2s. 6d. for the first 20 tons of registered tonnage, and ¼d. per ton for each additional ton of registered tonnage.

3. For every vessel occupying a berth outside another vessel, one-half the above rates.

THIRD SCHEDULE.

REGULATIONS.

1. THE wharf shall be open for business daily from 10 a.m. to 4 p.m. (Sundays and holidays excepted): provided that when the steamers arrive before 8 a.m., then the wharf shall be open from the time of the arrival of the steamer; and, if after 4 p.m., for one hour after the time of discharging.

B