Nov. 12.] THE NEW ZEALAND GAZETTE. 2373

quiring 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.

8. The licensee shall be liable for any injury which may be sustained by any vessel or boat in passing the booms, or by contact with them, and which may be occasioned by any default or neglect on his part.

9. 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 booms for a period of thirty days;
   (3.) Fail to pay the sums specified in clause three of these conditions; or
   (4.) Become bankrupt, or be in any manner brought under the operation of any law in force for the time being relating to bankruptcy,—

then and in any 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all persons concerned or interested, that this Order in Council, and the rights and privileges thereby conferred, have been revoked and determined; and upon such revocation the Minister may cause the said booms to be removed, and may recover the cost incurred by any such removal from the licensee.

10. The construction of the booms shall be deemed to be an acceptance by the licensee of the conditions of this Order in Council.

ALEX. WILLIS,
Clerk of the Executive Council.

Vesting Management of certain Wharves in the Rodney County Council, and prescribing Dues.

RANFURLY, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this fifth day of November, 1903.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS by section fourteen of “The Harbours Act, 1878,” it is enacted that the Governor in Council may vest the management of any wharf the property of Her Majesty in any local governing body or person, upon such terms and conditions as the Governor in Council thinks fit: And whereas it is thought desirable to vest the management of the wharves at Little Omaha and Tea Point, in Whangateau Harbour, in the Rodney County Council (hereinafter called “the Council”), on the terms and conditions hereinafter set forth in the First Schedule, and to prescribe the dues and rates and to make the regulations set forth in the Second Schedule hereto:

Now, therefore, 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, and in pursuance and exercise of the power and authority vested in him by the said fourteenth section of “The Harbours Act, 1878,” and of all other powers and authorities in anywise enabling him in that behalf, doth hereby vest the management of the wharves at Little Omaha and Tea Point, which are shown on plans marked M.D. 257, 258, 259, 260, and 2015, and deposited in the office of the Marine Department at Wellington, in the Council, subject to the conditions set forth in the First Schedule hereto; and in pursuance and exercise of the power and authority conferred by the seventeenth and two-hundred-and-twelfth sections of “The Harbours Act, 1878,” and with the like advice and consent, doth hereby prescribe that the dues and rates set forth in the Second Schedule hereto shall be taken by the Council for the use of the said wharves; and doth hereby make the regulations contained in the Second Schedule hereto for the said wharves.

FIRST SCHEDULE.

CONDITIONS.

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 of ingress and egress thereon 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, through, and out of the wharves without payment.

3. That the Council shall maintain and keep the above-mentioned wharves, and all erections thereon, in good order and repair; and shall at all times permit to be erected and exhibited therefrom any lights for the guidance of vessels, and shall maintain at its own cost any such lights: Provided that no new light shall be exhibited until after it has been approved of by the Marine Department.

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

5. That the Council shall appoint all officers and servants required for the management and working of the said wharves.

6. That the Council shall not erect or suffer to be erected on the said wharves any building or structure whatever except with the consent of the Marine Department.

7. That the Council 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 31st March in each year, and shall send a copy of such account, when balanced, to the Marine Department, and shall supply any particulars in reference thereto as may be required by the Marine Department.

8. That nothing herein contained shall authorise the Council 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 thereunder.

9. That the rights, powers, and privileges conferred by this Order in Council shall continue in force for fourteen years, computed from the date of this Order in Council, unless in the meantime altered, modified, or revoked.

10. That the rights, powers, and privileges conferred under or by virtue of this Order in Council may be at any time resumed by the Governor, on giving to the Council three calendar months’ notice in writing. Any such notice shall be sufficient if given by the Governor or the Minister having Charge of the Marine Department, or any person acting under his or their instructions, and delivered at the last known address of the Council, their successors, administrators, or assigns. No compensation or allowance shall be payable in such case.

SECOND SCHEDULE.

WHARFAGE ON VESSELS.

Regular trading-steamers and sailing-vessels, for each wharf per half-year, if paid in advance, per ton register .. .. .. .. 0 0 6
Minimum charge for each wharf per half-year, if paid in advance .. .. .. .. 1 0 0
Irregular trading-vessels of any class, for each time they come alongside a wharf, per ton register .. 0 0 1
Minimum charge .. .. .. .. 0 2 6

All vessels which do not pay their dues in advance will be deemed to be irregular trading-vessels.

Vessels coming alongside the wharves will be held responsible for any damage done to the wharves, and the Council will repair any such damage, and charge the cost of doing so against the master or owner of the vessel doing the damage.

The half-year will commence on the 1st days of January and July in each year.

The masters or owners of all regular trading-vessels shall pay their dues in advance to the Treasurer of the Council.

All dues payable by irregular trading-vessels shall be paid to the Treasurer of the Council, or to some one appointed by him to receive them, the payments to be made by the master or owner of the vessel upon the first application.

WHARFAGE ON GOODS.

All goods landed on or shipped from any wharf, per ton weight or measurement .. .. .. 0 0 6
Minimum charge .. .. .. .. 0 0 2

All goods not removed from the wharves or sheds within seven days will be charged 1s. per ton per week or part of a week.

All landing-dues shall be paid quarterly, on returns to be furnished to the Clerk of the Council, or other person appointed by the said Council, by the receiver of the goods, or on returns from the books of the master or owner of the vessel which carried them.

ALEX. WILLIS,
Clerk of the Executive Council.