Mar. 20.] THE NEW ZEALAND GAZETTE. 671

Licensing Mr. F. J. Sullivan to use and occupy a Part of the Foreshore of Carey’s Bay, Otago Harbour, as a Site for a Shed.

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RANFURLY, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this eighth day of March, 1902.

Present:

THE HONOURABLE W. C. WALKER PRESIDING IN COUNCIL.

WHEREAS, there being no Harbour Board empowered to grant the license hereinafter mentioned under “The Harbours Act Amendment Act, 1883” (hereinafter called “the said Act”), Francis Joseph Sullivan, of Dunedin (hereinafter called “the licensee”), has applied to the Governor in Council for a license under the said Act to occupy a part of the foreshore and land below low-water mark at Carey’s Bay, Otago Harbour, in the Provincial District of Otago, in order to construct a smokehouse-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. 2506, showing the area of foreshore and land below low-water mark intended to be occupied, and the manner in which it is proposed to construct the smokehouse-shed: And whereas the Governor in Council has approved of the purpose for which the said foreshore and land below low-water mark are 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 aforesaid, 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 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 on which the smokehouse-shed is to be constructed, as shown on the plans so deposited as aforesaid, for the purpose of constructing and maintaining the said shed thereon; such license to be the land enjoyed by the licensee upon and subject to the terms and conditions set forth in the Schedule hereto.

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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 construction of the smokehouse-shed at Carey’s Bay, Otago Harbour, as shown on plans marked M.D. 2506.

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 two pounds ten shillings, and thereafter an annual sum of two pounds ten shillings, payable on the first day of March, dating from the first day of March, one thousand nine hundred and two, 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 shed without payment.

5. The licensee shall maintain the above-mentioned 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 reasonable times enter upon the said smokehouse-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 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.

8. 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 licensee shall not assign, charge, or part with any such right, power, or privilege without the previous written consent of the Minister first obtained.

9. 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 three 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.

10. The licensee shall be liable for any injury which the said smokehouse-shed may cause any vessel or boat to sustain through any default or neglect on his part.

11. In case the licensee 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 shed 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 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.

12. The construction of the shed 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.

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Appointment of Transmitting and Receiving Officers for the Service of Notices by Telegraph.

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General Post Office,
Wellington, 10th February, 1902.

IN pursuance of the powers conferred upon me by “The Electric Lines Act, 1884” (hereinafter termed “the said Act”), and by the regulations made thereunder on the 25th March, 1895, and published in the New Zealand Gazette of the 4th April, 1895, the following officers at the addresses respectively set against their names are hereby appointed Transmitting and Receiving Officers for the purpose of dealing with all notices by telegraph sent under the said Act or regulations, and of signing such certificates in relation to the service of any such notices as are required or authorised to be signed or given under the said Act or the regulations aforesaid:—

SYDNEY POPE STEVENS, Chief Postmaster, Thames.
THOMAS THEODORE KING, Chief Postmaster, Westport.

J. G. WARD,
Electric Telegraph Commissioner.

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Vaccination Inspectors appointed.

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Department of Public Health,
Wellington, 11th March, 1902.

HIS Excellency the Governor has been pleased to appoint the undermentioned persons to be Vaccination Inspectors under “The Public Health Act, 1900,” namely,—

LYONEL CHARLES WILLIAMS, Esq.,
for the District of Christchurch, vice J. W. Parkerson, retired, as from the 17th February, 1902; and

THOMAS THEODORE KING, Esq.,
for the District of Buller, vice W. St. G. Douglas, as from the 7th February, 1902.

J. G. WARD,
Minister of Public Health,