730
THE NEW ZEALAND GAZETTE.
[No. 19

depth down the pump-well and deduct one inch per foot
from same on account of depth of floors and thickness of
ceiling.

In the case of a break or breaks above the line of deck,
multiply together the length, breadth, and height of the
space or spaces, divide each product by 100, and add to the
tonnage under deck.

All measurements are to be taken in feet and tenths of a
foot.

From the tonnage so ascertained a deduction of 25 per
cent. is to be made for engine-space in the case of vessels
propelled by steam or other mechanical power than steam.

ALEX. WILLIS,
Clerk of the Executive Council.

• Licensing the Kauri Timber Company (Limited) to use and
  occupy a Part of the Foreshore of Hokianga Harbour.

RANFURLY, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this twenty-ninth
day of February, 1904.

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 Kauri Timber Company
(Limited), (hereinafter called “ the company ”), has applied
to the Governor in Council for a license under the said Act
to occupy a part of the foreshore, and of the land below low-
water mark adjacent thereto, at Kohukohu, Hokianga Har-
bour, as a site for extending the wharf now erected at that
place ; and, in accordance with the one-hundred-and-fifty-
sixth section of “ The Harbours Act, 1878, ” has deposited a
plan in the office of the Marine Department, at Wellington
(marked M.D. 2703), showing the area of foreshore and
land below low-water mark intended to be occupied : And
whereas the Governor in Council has approved of the pur-
pose 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 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 com-
pany as aforesaid ; and, in further pursuance and exer-
cise 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 as a site for
such wharf-extension, as shown on the plan so deposited as
aforesaid ; such license to be held and enjoyed by the com-
pany upon and subject to the following terms and condi-
tions, that is say,—

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 direc-
   tion 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 to be occu-
   pied by the said wharf-extension, as shown on plan marked
   M.D. 2703.

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, and thereafter an annual sum of five
   pounds, payable on the first day of January, dating from
   the first day of January, one thousand nine hundred and
   four.

4. 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-extension without pay-
   ment.

5. The company shall maintain the above-mentioned
   wharf-extension in good order and repair ; and shall at all
   times exhibit therefrom, and maintain at its own cost, suit-
   able and necessary lights for the guidance of vessels : Pro-
   vided that no light shall be exhibited until after it has been
   approved of by the Minister.

6. Any person authorised by the Minister may, at all
   reasonable times, enter upon the said wharf-extension and
   view the state of repair thereof ; and upon such Minister
   leaving at or posting to the office of the company in New
   Zealand notified under the provisions of “ The Foreign
   Companies Act, 1884, ” or, if there be no such office, at any
   place of business of the company in New Zealand, a notice
   in writing of any defect or want of repair in such wharf-
   extension, 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.

7. 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.

8. The rights, powers, and privileges conferred by or
   under this Order in Council shall continue to be in force
   until the first day of January, one thousand nine hundred
   and six, unless in the meantime such rights, powers, and
   privileges shall be altered, modified, or revoked by compe-
   tent 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.

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 company six
   calendar months’ previous notice in writing. Any such
   notice shall be sufficient if given by the Minister and de-
   livered at or posted to the office of the company in New
   Zealand notified under the provisions of “ The Foreign
   Companies Act, 1884 ” ; or, if there be no such office, at any
   place of business of the company in New Zealand.

10. The company shall be liable for any injury which the
    said wharf-extension may cause any vessel or boat to sustain
    through any default or neglect on its part.

11. In case the company shall—

(1.) Commit or suffer a breach of the conditions herein-
before set forth, or any of them ; or

(2.) Cease to use or occupy the said wharf-extension
for a period of thirty days ; or

(3.) Do, commit, or suffer any act which would entitle
any creditor or other person to take any pro-
ceedings to have the company wound up in ac-
cordance with any law for the time being in force
relating to registered companies ; or suffer or
obtain an order of some Court of competent
jurisdiction, or procure or allow to be passed a
special or extraordinary resolution, for the wind-
ing-up of the said company ; or suffer a distress
or execution to be respectively levied or sued out
upon or against the property of the company in
New Zealand ; or

(4.) Fail to pay the sums specified in clause three of
these conditions—

then and in any of the said cases this Order in Council and
every license, 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 deter-
mined.

12. The construction of the wharf-extension shall be suffi-
    cient evidence of the acceptance by the company of the
    terms and conditions of this Order in Council.

ALEX. WILLIS,
Clerk of the Executive Council.

• Excepting Land from the Operation of Section 117 of “ The
  Native Land Court Act, 1894. ”

RANFURLY, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this twenty-ninth
day of February, 1904.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS by section four of “ The Native Land
Laws Amendment Act, 1895, ” it is enacted that the
Governor may, by Order in Council, except from the opera-
tion of section one hundred and seventeen of “ The Native
Land Court Act, 1894 ” (hereinafter called “ the said Act ”),
for a limited period or otherwise, and either generally or
for such purposes and subject to such restrictions as shall
be in such Order specified, any land, wheresoever situate,
which is for the time being subject to the operation of the
said section, or any interest therein or right over the same,