SEPT. 26.] THE NEW ZEALAND GAZETTE. 1893

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 construction of the wharf, as shown on the plans marked M.D. 2460.

3. In consideration of the concessions and privileges granted by this Order in Council, the licensees shall, on being supplied with a copy thereof, pay to the Minister the sum of five pounds, and thereafter an annual sum of three pounds, payable on the first day of September, dating from the first day of September, one thousand nine hundred and one, the first of such annual payments to be made on the licensees 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. 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 wharf without payment.

6. The licensees shall maintain the above-mentioned wharf in good order and repair; and shall at all times exhibit therefrom and maintain at their 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 licensees, or either of them, in New Zealand, a notice in writing of any defect or want of repair in such wharf, requiring them, within a reasonable time, to be therein prescribed, to repair the same, they shall with all convenient speed cause such defect to be removed or such repairs to be made.

8. Nothing herein contained shall authorise the licensees 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 licensees and deposited above high-water mark, or at such place as may be approved of by the Minister, by the Harbourmaster at Kaipara, 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 licensees 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 licensees 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 licensees, or either of them, in New Zealand.

12. The licensees shall be liable for any injury which the said wharf may cause any vessel or boat to sustain through any default or neglect on their part.

13. In case the licensees 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 days; or
    (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 licensees 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 licensees, 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 construction of the wharf shall be sufficient evidence of the acceptance by the licensees of the terms and conditions of this Order in Council,

ALEX. WILLIS,
Clerk of the Executive Council.

Fixing the Date for the Collection of the Returns under “The Agricultural and Pastoral Statistics Act, 1895.”—Notice No. 665.

—

RANFURLY, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this twenty-third day of September, 1901.

Present:

His Excellency the Governor in Council.

IN pursuance of the powers and authorities vested in him by “The Agricultural and Pastoral Statistics Act, 1895” (hereinafter termed “the said Act”), His Excellency the Governor of the Colony of New Zealand, acting with the consent of the Executive Council of the said colony, doth hereby order and direct that the account described in section two of the said Act shall be taken on the fourteenth day of October, one thousand nine hundred and one, and continue to be taken from day to day until the ninth day of November, one thousand nine hundred and one; and doth hereby declare that this Order in Council shall take effect on and after the fourteenth day of October, one thousand nine hundred and one.

ALEX. WILLIS,
Clerk of the Executive Council.

By-laws for regulating Use of Defence Wharves, &c.

—

RANFURLY, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this twenty-third day of September, 1901.

Present:

His Excellency the Governor in Council.

IN pursuance and exercise of all powers and authorities conferred on him by “The Harbours Act, 1878,” and of all other powers and authorities enabling him in that behalf, 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, doth hereby make the following by-laws for regulating the use of wharves belonging to His Majesty or the Government of the colony, and used in connection with defence-works or for defence purposes.

By-laws.

1. No person shall approach or bring any vessel alongside or within 200 yards of any wharf, quay, pier, jetty, or premises belonging to His Majesty or the Government of the colony erected or used in connection with defence-works or defence purposes, and in, on, or from which passengers or goods may be taken on board of or landed from ships or vessels, unless such person is duly authorised so to do by the Defence officer in charge of such wharf.

2. Any person offending against the foregoing provisions shall be liable to a penalty not exceeding twenty pounds.

ALEX. WILLIS,
Clerk of the Executive Council.

C.F. 01/1394.]

Rural Land in the Auckland Land District open for Selection on Lease in Perpetuity.

—

RANFURLY, Governor.

IN pursuance and exercise of the powers and authorities conferred upon me by the one-hundred-and-thirty-sixth section of “The Land Act, 1892,” I, Uchter John Mark, Earl of Ranfurly, the Governor of the Colony of New Zealand, having received the report of the Surveyor-General in this behalf, as in the said section is provided, do hereby declare that the rural land described in the Schedule hereto shall be open for selection on and after the twentieth day of November, one thousand nine hundred and one; and that the land mentioned in the said Schedule may be selected on lease in perpetuity only, in accordance with the provisions of section one hundred and twenty-one of the said Act, as it contains, or is supposed to contain, metals, minerals, or valuable stone; and I do hereby also fix the price at which the said land shall be leased, as mentioned in the said Schedule hereto, and do declare that the said land shall be leased under and subject to the provisions of “The Land Act, 1892.”