Oct. 31.] THE NEW ZEALAND GAZETTE. 2089

Licensing Mr. John Wigmore to use and occupy a Part of the Foreshore of Manukau Harbour.

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RANFURLY, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this twenty-eighth day of October, 1901.

Present:

His Excellency the Governor in Council.

WHEREAS, there being no Harbour Board empowered to grant the license hereinafter mentioned, John Wigmore, of Remuera, Auckland (hereinafter called “the licensee”), has applied to the Governor in Council for a license under “The Harbours Act Amendment Act, 1883” (hereinafter called “the said Act”), to occupy a part of the foreshore and land below low-water mark in order to erect and maintain certain booms in Manukau Harbour for the purpose of securing timber and logs; and, in accordance with the one-hundred-and-fifty-sixth section of “The Harbours Act, 1878,” has deposited a plan in the office of the Marine Department at Wellington (marked M.D. 2478) showing the place in the said harbour where it is intended to erect such booms, and the area of foreshore and land below low-water mark intended to be occupied for such purpose: And whereas it has been made to appear to the Governor in Council that the proposed work will not be or tend to the injury of navigation; and the said plan has, prior to the making of this Order in Council, been approved by the Governor in Council: And whereas it is expedient that a license, under the said Act, for the purpose aforesaid, should be granted and issued to the licensee 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 with the advice and consent of the Executive Council of the said colony, doth hereby approve of the purpose or object for which the said license is required by the licensee as 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 land below low-water mark which is particularly shown and delineated on the plan marked M.D. 2478, deposited as aforesaid, for the purpose of constructing or erecting thereon booms in accordance with the plan aforesaid for securing timber and logs, such license to be held and enjoyed by the licensee upon and subject to the following terms and conditions, that is to say:—

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 construction of booms in Manukau Harbour, which is shown on the said plan marked M.D. 2478.

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 five pounds, and thereafter an annual sum of three pounds in respect of such booms, such annual payments to date from the 31st day of October, one thousand nine hundred and one, and the first of such annual payments to be made to the Minister on a copy of this Order in Council being supplied to the licensee.

4. That the rights, powers, and privileges conferred by this Order in Council shall continue in force for fourteen years, computed from the date of this Order in Council, 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.

5. That the said rights, powers, and privileges may be at any time resumed by the Governor, and the licensee may be required to remove the booms from the said harbour at his own cost, without payment of any compensation whatever, on giving to the licensee one calendar month’s 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.

6. The licensee shall be liable for any injury which may be sustained by any vessel or boat in passing the booms, or by contact with them, and which may be occasioned by any default or neglect on his part.

7. 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 booms for a period of thirty days;
   (3.) Fail to pay the sums specified in clause three of these conditions; or
   (4.) Become bankrupt, or be in any manner brought under the operation of any Act for the time being in force relating to bankruptcy—
   then and in any 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 rights and privileges thereby conferred, have been revoked and determined; and upon such revocation the Minister may cause the said booms, and all other erections or buildings thereto belonging, to be removed, and may recover the cost incurred by any such removal from the licensee.

8. The erection of the booms shall be deemed to be an acceptance by the licensee of the conditions of this Order in Council.

ALEX. WILLIS,
Clerk of the Executive Council.

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Consenting to closing Road between Sections 1 and 2, in Block I., Maniototo Survey District, Maniototo County.

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RANFURLY, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this twenty-eighth day of October, 1901.

Present:

His Excellency the Governor in Council.

WHEREAS by section twelve, subsection one, of “The Public Works Acts Amendment Act, 1900,” it is enacted that a local authority shall not declare any county or district road to be stopped, and such road shall not be deemed to be stopped, until the consent thereto of the Governor by Order in Council gazetted is obtained:

And whereas the Maniototo County Council has applied for such consent in respect to the road described in the Schedule hereto:

Now, therefore, in pursuance and in exercise of the above-in-part-recited Act, and of all other powers in anywise enabling him in this 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 consent to the Maniototo County Council closing the part of the road mentioned in the Schedule hereto.

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SCHEDULE.

In the Land District of Otago, as the said area is particularly delineated upon the plan marked as above mentioned, deposited in the office of the Chief Engineer of Roads, at Wellington, in the Wellington Land District, and thereon coloured as above noted.

ALEX. WILLIS,
Clerk of the Executive Council.

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Consenting to closing Road through Auckland Suburban Sections 167 and 168, Remuera Road District.

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RANFURLY, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this twenty-eighth day of October, 1901.

Present:

His Excellency the Governor in Council.

WHEREAS by section twelve, subsection one, of “The Public Works Acts Amendment Act, 1900,” it is enacted that a local authority shall not declare any county or district road to be stopped, and such road shall not be deemed to be stopped, until the consent thereto of the