528
THE NEW ZEALAND GAZETTE.
[No. 24

2. All goods landed on the wharf shall be removed there-
   from before 5 p.m. on the day on which they are landed, ex-
   cept as provided for by Regulation 3. No goods, timber, or
   other article shall be deposited on the wharf, except in the
   act of landing or shipping the same, without the permission
   of the wharfinger.

3. The master of every vessel hauling alongside the wharf
   shall berth, moor, or remove his vessel as the wharfinger
   may direct; and, failing which, any loss or damage done to
   the wharf or jetty shall be made good to the satisfaction of
   the Coromandel County Council.

4. The master (or owner) of every vessel lying at the wharf
   shall, before commencing to discharge or land his cargo on
   any such wharf or landing-place, obtain the permission of
   the wharfinger or his deputy so to do; and any stores or
   cargo landed without such permission shall not be deemed to
   be in the custody of the wharfinger, nor shall he be respon-
   sible for any loss or damage that may accrue to such cargo by
   the elements or otherwise, nor shall he be responsible for any
   ship’s stores.

5. No ballast, timber, coal, produce, or cargo of any descrip-
   tion shall be embarked or shipped, disembarked, or unshipped,
   except at such times and places and in such order and mode
   as may, subject to these regulations, be directed and deemed
   expedient by the wharfinger or his deputy for the proper
   working of the wharf.

6. All goods of a dangerous or inflammable character shall
   be removed by the owner, agent, or consignee immediately
   on being landed, and such owner, agent, or consignee failing
   to do so shall be held responsible for any damage or loss
   that may accrue from any accident arising therefrom, in
   addition to the penalty provided for a breach of these regu-
   lations; and the wharfinger shall not be responsible for any
   loss or damage that may accrue to such goods.

7. No goods or articles of any description which, in the
   opinion of the wharfinger or his deputy, are likely to occasion
   damage to the wharf or buildings thereon shall be landed or
   discharged on such wharf.

8. If any cargo or produce shall be permitted to remain
   on the wharf or landing-place for the convenience of the
   owner, consignee, or shippers thereof, then the wharfinger
   shall not be responsible for any loss or damage that may
   accrue to any such cargo or produce, by the elements or
   otherwise, during the time it may so remain on the wharf.

9. No person taking any vehicle on the wharf, or using
   such vehicle or the tram provided on the wharf, shall allow
   the same to be propelled at a greater speed than a walking
   pace. Any person taking any vehicle, goods, or mer-
   chandise on the wharf shall use the tram, unless the article
   taken may be carried by hand. Any person using such
   tram shall have the same under control while in motion,
   and he shall stand by the same as long as it shall be at a
   standstill on the said wharf, and shall return the same
   without delay to the position he received it, or remove the
   tram or any vehicle to such position on the wharf as the
   wharfinger or his deputy may direct. Any damage to tram
   or tramway, or loss occasioned by wilful neglect or dis-
   obedience to orders given, shall be made good at the cost of
   persons using the same. No person shall be allowed to take
   any bicycle or tricycle upon the said wharf except for ship-
   ment or by the permission of the wharfinger or his deputy.

10. No person shall disobey the orders of the wharfinger
    or his deputy when acting in the due performance of their
    duty, nor in any way obstruct the traffic on the wharf, nor
    make use of any improper or abusive language thereon; nor
    shall any fire or naked lights be used on the wharf.

11. All goods shall be landed on the aforesaid wharf or
    landing-place, or brought thereon for shipment, and shall be
    placed as the wharfinger or his deputy may direct; and no
    goods or any articles are to be placed on the wharf so as to
    be an impediment to the approaches, or an obstacle to the
    removal of other goods from the wharf, or so as to encumber
    the mooring posts or rings on such wharf.

12. In the construction of the foregoing regulations the
    terms and expressions following shall have the meanings
    hereinafter assigned to them: “Wharfinger” shall mean
    and include the person appointed by the Coromandel County
    Council for the due management of the wharf; and such
    wharfinger is the person appointed by the said Council to
    collect and receive all dues payable under this Order in
    Council. “Deputy” shall mean any officer acting under
    the instructions of or by the authority of the wharfinger,
    as the case may be.

13. If any person fails, refuses, or neglects to do anything
    required by these regulations, or in any manner obstructs,
    impedes, or interferes with the doing of anything enjoined or
    authorised to be done, or wilfully does anything prohibited
    by these regulations, every such person in any case so
    offending shall be liable to forfeit and pay a penalty not
    exceeding £5 sterling.

ALEX. WILLIS,
Clerk of the Executive Council.

Licensing W. J. Bray to use and occupy a Part of the Fore-
shore of Mangonui Harbour.

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.

WHEREAS, there being no Harbour Board empowered
to grant the licenses hereinafter mentioned under
“The Harbours Act Amendment Act, 1883” (hereinafter
called “the said Act”), William John Bray, of Mangonui,
hotel-proprietor (hereinafter called “the licensee”) has ap-
plied to the Governor in Council for a license under the said
Act to occupy a part of the foreshore of Mangonui Harbour,
in order to erect a boat-shed thereon, and in accordance with
the one-hundred-and-fifty-sixth section of “The Harbours
Act, 1878,” has deposited plans in the office of the Marine
Department at Wellington (marked M.D. 2409) showing the
area of foreshore intended to be occupied, and the manner
in which it is proposed to erect the boat-shed: And whereas
the Governor in Council has approved of the purpose 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 purpose afore-
said, 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 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
boat-shed is to be erected, as shown on the plans so de-
posited as aforesaid, for the purpose of erecting and maintain-
ing the said boat-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 boat-shed, as
   shown on plan marked M.D. 2409.

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 10s., pay-
   able on the 1st day of February, dating from the 1st day of
   February, 1901, the first of such annual payments to be
   made on the licensee being supplied with a copy of this
   Order in Council.

4. 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,
   through, and out of the said boat-shed without payment.

5. The licensee shall maintain the above-mentioned
   boat-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 approved
   of by the Minister.

6. Any person authorised by the Minister may at all rea-
   sonable times enter upon the said boat-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 shed, 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.

7. 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.

8. The rights, powers, and privileges conferred by or
   under this Order in Council shall continue in force for
   fourteen years from the date hereof, unless in the meantime