APRIL 10.] THE NEW ZEALAND GAZETTE. 823

Regulation under "The Public-school Teachers' Incorporation
and Court of Appeal Act, 1895."

RANFURLY, Governor.
ORDER IN COUNCIL.
At the Government Buildings, at Wellington, this twenty-
seventh day of March, 1902.
Present:
THE HONOURABLE W. C. WALKER PRESIDING IN COUNCIL.

PURSUANT to and in exercise of the powers conferred
upon him in this behalf by "The Public-school
Teachers' Incorporation and Court of Appeal Act, 1895," His Excellency the Governor, with the advice and consent
of the Executive Council of the colony, doth hereby make
the following regulation for the purposes of the said Act,
namely:-

REGULATION.
Notwithstanding anything contained in regulations made
under "The Public-school Teachers' Incorporation and
Court of Appeal Act, 1895," the Court may, on the hearing
of any case on appeal, take such evidence on oath, either by
way of rebuttal or otherwise, as it may consider necessary
for the determination of such appeal, and may direct such
notice to be served by either of the parties on the other as
the nature of such evidence may require.

ALEX. WILLIS,
Clerk of the Executive Council.

Licensing the Rangiora Timber Company (Limited) to use
and occupy a Part of the Foreshore of the Hokianga
Harbour as a Wharf-site.

RANFURLY, Governor.
ORDER IN COUNCIL.
At the Government House, at Wellington, this third day
of April, 1902.
Present:
HIS EXCELLENCY THE GOVERNOR 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"), the Rangiora Timber Company
(Limited), (hereinafter called "the company"), has ap-
plied 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 adjacent thereto at the Narrows in Ho-
kianga Harbour, in order to erect a wharf 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. 2505) (three sheets) showing the area of foreshore in-
tended to be occupied, and the manner in which it is pro-
posed to erect the wharf: 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 company under the said Act for the pur-
pose 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 com-
pany 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 company to use and occupy that part of the foreshore,
and land below low-water mark adjacent thereto, on which
the wharf is to be erected, as shown on the plans so de-
posited as aforesaid, for the purpose of erecting and main-
taining the said wharf thereon, such license to be held and
enjoyed by the company 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
   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 adjacent thereto,
   necessary for the erection of the wharf, as shown on plans
   marked M.D. 2505.
3. In consideration of the concessions and privileges
   granted by this Order in Council, the company shall, on
   being supplied with a copy thereof, pay to the Minister the
   sum of £5, and thereafter an annual sum of £1, payable
   on the 1st day of April, dating from the 1st day of April,
   1902, the first of such annual payments to be made on the
   company 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 company shall maintain the above-mentioned
   wharf in good order and repair, and shall at all times
   exhibit therefrom and maintain at its 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 company in
   New Zealand a notice in writing of any defect or want
   of repair in such wharf, requiring it, within a reason-
   able time, to be therein prescribed, to repair the same, it
   shall with all convenient speed cause such defect to be re-
   moved or such repairs to be made.
8. Nothing herein contained shall authorise the company
   to do or cause to be done anything repugnant to or incon-
   sistent with any law relating to the Customs, or any regu-
   lation of the Commissioner of Trade and Customs, or with
   any provisions of "The Harbours Act, 1878," or its amend-
   ments, 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 company, and deposited above
   high-water mark, or at such place as may be approved of by
   the Minister, or by the Harbourmaster at Hokianga, 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 mean-
    time such rights, powers, and privileges shall be altered,
    modified, or revoked by competent authority; and the
    company shall not assign, charge, or part with any such
    right, power, or privilege without the previous written con-
    sent 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 com-
    pensation whatever, on giving to the company 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 company in New
    Zealand.
12. The company shall be liable for any injury which the
    said wharf may cause any vessel or boat to sustain through
    any default or neglect on its part.
13. In case the company shall-
    (1.) Commit or suffer a breach of the conditions herein-
    before set forth, or any of them;
    (2.) Fail to erect and complete the wharf within twelve
    months from the date of this Order in Council;
    (3.) Cease to use or occupy the said wharf for a period
    of thirty days;
    (4.) Be in any manner wound up or dissolved; or
    (5.) Fail to pay the sums specified in clause three 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 company or other proceeding whatsoever; and publi-
    cation in the New Zealand Gazette of an Order in Council
    containing such revocation shall be sufficient notice to the
    company, 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 erection of the wharf shall be sufficient evidence
    of the acceptance by the company of the terms and con-
    ditions of this Order in Council.

ALEX. WILLIS,
Clerk of the Executive Council.