June 4.] THE NEW ZEALAND GAZETTE. 1339

Dues and Rates for J. A. Subritzky’s Wharf at Rangaunu Bay.

RANFURLY, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this twenty-seventh day of May, 1903.

Present:

THE RIGHT HONOURABLE R. J. SEDDON PRESIDING IN COUNCIL.

WHEREAS it is provided by section three of “The Harbours Act Amendment Act, 1883,” that the powers conferred by the seventeenth section of “The Harbours Act, 1878,” may be exercised from time to time:

And whereas by Order in Council dated the twenty-first day of October, one thousand nine hundred and one, John Anton Subritzky was authorised to construct a wharf in Rangaunu Bay, as shown on plans marked M.D. 2476:

And whereas it is desirable that dues and rates should be prescribed 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 conferred by “The Harbours Act, 1878,” and the amendments thereof, and of all other powers and authorities enabling him in this behalf, doth hereby prescribe that the dues and rates specified in the Schedule hereto shall be charged and taken, on and after the publication of this Order in Council in the New Zealand Gazette, for the use of the said wharf in Rangaunu Bay, and doth further order that such dues shall be paid to the said John Anton Subritzky.

SCHEDULE.

s. d.

Grain or flour, per ton .. .. .. .. 1 0
Ditto, not exceeding 200 lb. bags .. .. .. 0 2
Posts and rails, per 100 .. .. .. .. 0 6
Firewood, per cord .. .. .. .. 0 6
Sawn timber, inwards or outwards, up to 1,000 ft. superficial, per 100 ft. .. .. .. .. 0 2
Ditto, over 1,000 ft. superficial, per 100 ft. .. .. 0 1
Single bag or parcel .. .. .. .. 0 3
Horses or great cattle, first one .. .. .. 2 0
Ditto, all over one, each .. .. .. .. 1 0
Sheep or pigs, each .. .. .. .. 0 1
Sheep, all over 100, each .. .. .. .. 0 0½
Bricks, per 1,000 .. .. .. .. 2 0
Coal, per ton .. .. .. .. 1 0
Wool, per bale .. .. .. .. 0 6
Flax and tow, per bale .. .. .. .. 0 6
Hides, 1d. each, or per ton of forty to the ton .. 2 0
Sheepskins, per bale .. .. .. .. 0 3
All other goods, either weight or measurement, at the option of the wharfinger, per ton .. .. 1 0
Half-dues to be charged on all goods transhipped into lighters.
All vessels lying alongside the wharf without landing or receiving cargo, first day, free.
Ditto, after the first day (excepting Sundays and holidays), per ton, net register, per day .. .. 0 0½
Such passengers’ luggage or ships’ stores as are carried in hand, not exceeding a quarter of a ton, shall be exempt from wharfage charges.

STORAGE.

s. d.

Per ton (any quantity over half a ton and under a ton will be charged as 1 ton) per week or part of a week .. .. .. .. .. .. 1 0
Half a ton or under per week or part of a week .. 0 6
If services of Wharfinger required before 8 a.m. or after 5 p.m., per hour or part of hour .. .. 1 0

ALEX. WILLIS,
Clerk of the Executive Council.

Vesting Management of Wharves in the Waipu River Board.

RANFURLY, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this twenty-seventh day of May, 1903.

Present:

THE RIGHT HONOURABLE R. J. SEDDON PRESIDING IN COUNCIL.

IN pursuance and exercise of the power and authority vested in him by “The Harbours Act, 1878” (hereinafter termed “the said Act”), and of all other powers and authorities in anywise enabling him in that 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 vest the management of the two wharves which are situated on the Waipu River, and shown on a plan marked M.D. 2621, and deposited in the office of the Marine Department at Wellington, in the Waipu River Board, subject to the conditions set forth in the Schedule hereto.

SCHEDULE.

CONDITIONS OF MANAGEMENT.

1. That all His Majesty’s subjects shall, at all reasonable times, and upon payment of the proper dues, have free and full liberty to use the above-mentioned wharves, and rights of ingress and egress thereto and therefrom.

2. That 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, over, and out of the wharves without payment.

3. That the Waipu River Board (hereinafter termed “the said Board”) shall maintain and keep the above-mentioned wharves in good order and repair; and shall at all times exhibit on the wharves suitable and necessary lights for the guidance of vessels, and shall maintain at its own cost such lights: Provided that no light shall be exhibited until after it has been approved of by the Minister for the time being having charge of the Marine Department (hereinafter referred to as “the said Minister”).

4. That any person authorised by the said Minister, or any officer acting with his approval, may at all reasonable times enter upon the said wharves and view the state of repair thereof; and that, upon his leaving at or posting to the last known address of the said Board a notice in writing of any defect or want of repair in such wharves, or in either of them, requiring the Board within a reasonable time, to be therein prescribed, to repair the same, the said Board shall with all convenient speed cause such defect to be removed or such repairs to be made.

5. That the said Board shall not erect, or suffer to be erected, on the said wharves any building or structure whatever, except with the consent of the said Minister.

6. That the said Board shall keep a separate account of the receipts and expenditure on account of such wharves, and shall cause such account to be balanced to the thirty-first day of March in every year, and shall send a copy of such account when balanced to the said Minister, and shall supply any particulars in reference thereto that may be required by the said Minister, or any person acting with his approval.

7. That the said Board shall appoint all officers necessary for the working and management of the said wharves.

8. That nothing herein contained shall authorise the said Board 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 regulation thereunder.

9. That the ballast of all vessels loading at the said wharves shall be taken away by the said Board, and deposited above high-water mark, or at such other place as may be approved of by the said Minister, or by any person appointed by the said Minister for that purpose.

10. That the rights, powers, and privileges hereby conferred shall continue in force for fourteen years, computed from the date of the foregoing Order in Council, unless in the meantime altered, modified, or revoked by competent authority; and the said Board shall not assign, charge, or part with any such right, power, or privilege without the previous written consent of the said Minister first obtained.

11. That the rights, powers, and privileges conferred under or by virtue of the foregoing Order in Council, or any of them, may be at any time resumed by the Governor, without payment of any compensation whatever, on giving to the said Board three calendar months’ previous notice in writing. Any such notice shall be sufficient if given by the Governor or the said Minister, or by any person acting under his or their instructions, and delivered at or posted to the last known address of the said Board, its successors or assigns.

12. The Board shall be liable for any injury which may be caused at the said wharves to any vessel or boat through any default or neglect on the part of the Board.

13. In case the Board 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 wharves for a period of thirty consecutive days,—
    then and in either of the said cases every right, power, or privilege hereby conferred may be revoked and determined by the Governor in Council without any notice to the Board 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 Board, and to all persons concerned or interested, of the facts stated in such Order in Council.

ALEX. WILLIS,
Clerk of the Executive Council.