APRIL 24.] THE NEW ZEALAND GAZETTE. 1029

Vesting a Reserve in the Mauriceville County Council.

BANFURLY, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this twentieth day of April, 1903.

Present:

His Excellency the Governor in Council.

WHEREAS the land mentioned in the Schedule hereto was permanently set aside as a reserve for public buildings of County Council on the fourth day of March, one thousand nine hundred and three:

And whereas, in the opinion of the Governor, it is expedient to vest the said land in the Mauriceville County Council:

Now, therefore, 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, and in exercise of the powers and authorities vested in him by the fourth section of “The Public Reserves Act, 1881,” doth hereby declare that, from and after the day of the date hereof, the reserve mentioned in the Schedule hereto shall become vested in “The Chairman, Councillors, and Inhabitants of the Mauriceville County,” in trust, as a reserve for public buildings of County Council.

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SCHEDULE.

WELLINGTON LAND DISTRICT.

All that area in the Wellington Land District, containing by admeasurement 13·2 perches, more or less, being Section No. 8, Mauriceville Village East. Bounded towards the south-east by Wellington-Napier Railway Reserve, towards the south-west by the Main Road, and towards the north-west by a public road; as the same is delineated on the plan marked S.G. 49624, deposited in the Head Office, Department of Lands and Survey, at Wellington, in the Wellington Land District.

ALEX. WILLIS,
Clerk of the Executive Council.

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Vesting Management of Wharf at Opononi, Hokianga, in Mr. John Webster, and prescribing Dues.

BANFURLY, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this twentieth day of April, 1903.

Present:

His Excellency the Governor in Council.

WHEREAS by section fourteen of “The Harbours Act, 1878” (hereinafter termed “the said Act”), it is enacted that the Governor in Council may vest the management of any wharf the property of His Majesty in any local governing body or person, upon such terms and conditions as the Governor in Council thinks fit: And whereas by section seventeen of “The Harbours Act, 1878,” it is enacted that the Governor in Council may prescribe dues for any wharf so vested:

And whereas it is thought desirable to vest in Mr. John Webster, of Opononi, Hokianga, the management of a wharf situated at Opononi, in Hokianga Harbour, on the terms and conditions hereinafter set forth, and to prescribe the dues to be charged and taken for the use of the said wharf:

Now, therefore, 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, and in pursuance and exercise of the power and authority vested in him by the said fourteenth section of the said Act, and of all other powers and authorities in anywise enabling him in that behalf, doth hereby vest the management of the wharf aforesaid, as shown on plans marked M.D. 1491 and 1492, and deposited in the office of the Marine Department, at Wellington, in Mr. John Webster (hereinafter called “the licensee”), subject to the conditions set forth in the First Schedule hereto; and in further pursuance and exercise of the power and authority vested in him by the said seventeenth section of the said Act, doth hereby prescribe that the dues and rates specified in the Second Schedule hereto shall be taken and charged for the use of the said wharf.

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FIRST SCHEDULE.

CONDITIONS OF MANAGEMENT.

1. Is these conditions the term “Minister” means the Minister having charge of the Marine Department, as defined in “The Shipping and Seamen’s Act, 1877,” and includes any officer, person, or authority acting by or under the direction of such Minister.

2. 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.

3. 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.

4. The licensee shall maintain the abovementioned wharf 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.

5. 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 licensee a notice in writing of any defect or want of repair in such wharf, 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.

6. 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 my 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.

7. The ballast of all vessels loading at the said wharf shall be taken away by the licensee and deposited above high-water mark, or at such place as may be approved of by the Minister, by the Harbourmaster at Hokianga, or by any person appointed by the Minister for that purpose.

8. The rights, powers, and privileges conferred by or under this Order in Council shall continue to be in force for seven 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 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 wharf may cause any vessel or boat to sustain through any default or neglect on his part.

11. 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, and thereafter an annual sum of £1, payable on the 1st day of April, 1903; the first of such annual payments to be made on the licensee being supplied with a copy of this Order.

12. 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 wharf for a period of thirty days; or

(3.) Become bankrupt, or be in any manner brought under the operation of my Act for the time being in force relating to bankruptcy,

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, of the facts stated in such Order in Council.

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SECOND SCHEDULE.

1. THE dues and rates hereby prescribed shall apply to the wharf the management of which is vested in John Webster as aforesaid.

2. Every person who shall use the wharf for landing goods, or whose goods are stored in any shed on the wharf, shall pay wharf dues in respect of the landing, storage, receiving, and delivering such goods as follows, that is to say,—

For all goods (except such as are hereinafter provided for) landed, stored, received, or delivered, at weight or measurement, according to shipping usage.