Aug. 6.] THE NEW ZEALAND GAZETTE. 1733

the company 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 company 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 of the land below low-water mark on which the wharf is to be constructed, as shown on the plans so deposited as aforesaid, for the purpose of constructing and maintaining 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 of the land below low-water mark necessary for the construction of the wharf in Forsyth Bay, Pelorus Sound, as shown on plans marked M.D. 2642.

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 two pounds ten shillings, and thereafter an annual sum of one pound, payable on the first day of July, dating from the first day of July, one thousand nine hundred and three, 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 reasonable time, to be therein prescribed, to repair the same, it shall with all convenient speed cause such defect to be removed 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 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.

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 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 meantime 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 consent 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 compensation whatever, on giving to the company 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 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 hereinbefore set forth, or any of them; or
    (2.) Cease to use or occupy the said wharf for a period of thirty days; or
    (3.) Be in any manner wound up or dissolved; or
    (4.) 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 publication 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 construction of the wharf shall be sufficient evidence of the acceptance by the company of the terms and conditions of this Order in Council.

ALEX. WILLIS,
Clerk of the Executive Council.

Amending Description of Native Township of Otorohanga.

(L.S.) RANFURLY, Governor.

A PROCLAMATION.

WHEREAS by section eight of “The Native and Maori Land Laws Amendment Act, 1902,” it is enacted that the Governor may from time to time, by Proclamation published in the Gazette and Kahiti, declare that any parcel or parcels of Maori land, whether or not such parcels form portions of several blocks, and whether or not such parcels are held by the owners under separate titles, shall be vested in the Maori Land Council of the district within which such land is situated, as a site for a Native township, and shall by the same Proclamation assign a name to such township:

And whereas by section twelve of the said Act it is further enacted that any Proclamation under the said Act may from time to time be amended, varied, or revoked by the Governor as he thinks fit, and thereupon all amendments or cancellations in the Land Transfer Register as may be necessary shall be made by the District Land Registrar, but without prejudice to any valid dealings that may in the meantime have taken place:

And whereas by Proclamation bearing date the twenty-second day of January, one thousand nine hundred and three, the Governor, in exercise of the aforesaid powers, proclaimed and declared that the parcel of land described in the Schedule thereto should be vested in the Maniapoto-Tuwharetoa District Maori Land Council as a site for a Native township, and did thereby assign the name of “Otorohanga” to such township:

And whereas it is expedient to amend the description of the said township:

Now, therefore, I, Uchter John Mark, Earl of Ranfurly, the Governor of the Colony of New Zealand, in exercise and pursuance of the powers conferred upon me as aforesaid, do hereby amend the description of the said Native township, as set out in the Schedule to the Proclamation aforesaid, by substituting in lieu thereof the description set out in the Schedule hereto.

SCHEDULE.

AMENDED DESCRIPTION OF OTOROHANGA NATIVE TOWNSHIP.

All that parcel of land in the Auckland Land District, situated in Block IV., Orahiri Survey District, being part of Otorohanga E No. 5, Otorohanga D, G No. 2, H, and J; Waikowhitiwhiti Nos. 2 and 3, Waikowhitiwhiti A, B, C, D, E, F1, F2, G, K1, K2, L, and M; Orahiri B, C, D1, D2, E, F, G, J, M, N, N1, O, P, Q, R, S, No. 5, T, U, U1, V, V1, V2, Section 1 V2, Section 2, W, W1, W2; Orahiri No. 1, Sections 2 to 12; Orahiri No. 10; and 18 acres of roads of access laid off by order of the Court; containing by admeasurement 246 acres 2 roods 21 perches, more or less. Bounded towards the north-east by the Ouruwhero Road, Section 8, Block IV., Orahiri Survey District, Otorohanga C, Ouruwhero Road aforesaid, and Otorohanga C aforesaid, 770, 365, 555, 55, 460, 1273, 450, 450, and 609 links; towards the south-east, south-west, north-east, and north-west by the Main Trunk Railway and Otorohanga Railway-station, 130, 264, 74, 200, 2500, 500, and 724 links; generally towards the south and west by the Waipa River; and towards the north-west by the Otorohanga E No. 2 and Otorohanga E