1840
THE NEW ZEALAND GAZETTE.
[No. 63

said Act to occupy a part of the foreshore at Hardy’s Bridge, Matakohe, Kaipara Harbour, in the Provincial District of Auckland, in order to construct a wharf thereon; and, in accordance with the one-hundred-and-fifty-sixth section of “The Harbours Act, 1878,” have deposited plans in the office of the Marine Department at Wellington, marked M.D. 2737 (sheets 1 and 2), showing the area of foreshore intended to be occupied, and the manner in which it is proposed to construct the wharf: And whereas the Governor in Council has approved of the purpose for which the said foreshore is to be occupied: And whereas it is expedient that a license should be granted and issued to the licensees, as such trustees as aforesaid, 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 licensees 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 licensees, as trustees for the inhabitants of the district as aforesaid, to use and occupy that part of the foreshore 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 licensees upon and subject to the terms and conditions set forth in the Schedule hereto.

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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 necessary for the construction of the wharf at Hardy’s Bridge, Matakohe, Kaipara, as shown on plans marked M.D. 2737.

3. In consideration of the concessions and privileges granted by this Order in Council, the licensees shall pay to the Minister an annual sum of one shilling, payable on demand.

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 without payment.

5. The licensees shall maintain the above-mentioned wharf in good order and repair; and shall at all times exhibit therefrom and maintain at their 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.

6. 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 licensees in New Zealand a notice in writing of any defect or want of repair in such wharf, requiring them within a reasonable time, to be therein prescribed, to repair the same, they shall with all convenient speed cause such defect to be removed or such repairs to be made.

7. Nothing herein contained shall authorise the licensees 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.

8. 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 licensees 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 licensees 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 licensees in New Zealand.

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

11. In case the licensees 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.) Commit a breach of their trust; 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 licensees 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 licensees, 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.

12. Notwithstanding anything hereinbefore contained, should any of the above-named licensees die, or become bankrupt, or be incapable of acting, or should leave the district, or for any other cause which in the opinion of the Governor should render it undesirable that he should remain a licensee, the Governor may in any such case, and from time to time, by Order in Council, declare that such person has ceased to be a licensee, and may direct any other person to act as licensee in his place, who shall have all the powers and authorities of the original licensee, who shall thereupon cease to be a licensee.

13. The construction of the wharf shall be sufficient evidence of the acceptance by the licensees of the terms and conditions of this Order in Council.

ALEX. WILLIS,
Clerk of the Executive Council.

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Postmaster appointed to take and receive Statutory Declarations.

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PURSUANT to the authority conferred upon me by the eighth section of “The Justices of the Peace Act Amendment Act, 1888,” I, William Lee, Baron Plunket, the Governor of the Colony of New Zealand, do hereby notify and declare that

SAMUEL PERCY SEYMOUR,

being a person holding the office of Postmaster under “The Post Office Act, 1900,” at Te Oneroa, is authorised to take and receive statutory declarations under the two-hundred-and-thirty-fourth section of “The Justices of the Peace Act, 1882.”

As witness my hand, this nineteenth day of July, one thousand nine hundred and four.

PLUNKET, Governor.

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Trustees for the Frasertown Public Cemetery appointed.

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PLUNKET, Governor.

IN pursuance and exercise of the powers and authorities vested in me by the forty-fifth section of “The Cemeteries Act, 1882,” I, William Lee, Baron Plunket, the Governor of the Colony of New Zealand, do hereby appoint the local authority specified in the first column of the Schedule hereto to have the control and management of the public cemetery specified in the second column of the said Schedule.

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SCHEDULE.

As witness the hand of His Excellency the Governor, this twenty-fifth day of July, one thousand nine hundred and four.

T. Y. DUNCAN,
Minister of Lands.