2434
THE NEW ZEALAND GAZETTE.
[No. 84

such revocation shall be sufficient notice to the licensee, 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granted and conferred, have been revoked and determined.

13. 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.

14. The construction of the wharf shall be sufficient evi-
    dence of the acceptance by the licensee of the terms and
    conditions of this Order in Council.

ALEX. WILLIS,
Clerk of the Executive Council.

Licensing Messrs. Prouse and Saunders to use and occupy
a Part of the Foreshore at West Wanganui as a Site for
a Wharf, Shed, and Tramway.

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this seventeenth
day of October, 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 ”), James Prouse, Richard Prouse,
Norman Saunders, Alexander Saunders, and James Percival
Prouse, trading under the style or firm of “ Prouse and
Saunders ” (hereinafter called “ the licensees ”), have ap-
plied to the Governor in Council for a license under the said
Act to occupy a part of the foreshore and land below low-
water mark at West Wanganui, in the County of Colling-
wood, in order to erect a wharf, shed, and tramway 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. 2749 and 2764) showing the area of foreshore
and land below low-water mark intended to be occupied, and
the manner in which it is proposed to erect the wharf,
shed, and tramway : 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 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 pur-
pose or object for which the said license is required by the
licensees 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 licensees to use and occupy that part of the
foreshore and land below low-water mark on which the
wharf, shed, and tramway are to be erected, as shown on
the plans so deposited as aforesaid, for the purpose of erect-
ing and maintaining the said wharf, shed, and tramway
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.

SCHEDULE.

1. IN these conditions the term “ Minister ” means the
   Minister having charge of the Marine Department, as de-
   fined by “ The Shipping and Seamen’s Act, 1877,” and in-
   cludes 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 land below low-water mark necessary for the
   erecting of the wharf, shed, and tramway, as shown on
   plan marked M.D. 2749.

3. In consideration of the concessions and privileges
   granted by this Order in Council, the licensees shall, on
   being supplied with a copy thereof, pay to the Minister the
   sum of £3, and thereafter an annual sum of £5, payable on
   the 1st day of October, dating from the 1st day of October,
   1904, the first of such annual payments to be made on the
   licensees 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 there-
   rom.

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, shed, and tramway with-
   out payment.

6. The licensees shall maintain the above-mentioned wharf,
   shed, and tramway in good order and repair ; and shall at
   all times exhibit from the wharf 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.

7. Any person authorised by the Minister may at all
   reasonable times enter upon the said wharf, shed, and tram-
   way, 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, shed, or tramway,
   requiring them, within a reasonable time, to be therein pre-
   scribed, to repair the same, they shall with all convenient
   speed cause such defect to be removed or such repairs to
   be made.

8. The licensees shall make or allow to be made such
   crossings over the tramway as may be required by the
   Minister.

9. Nothing herein contained shall authorise the licensees
   to do or cause to be done anything repugnant to or incon-
   sistent with any law relating to the Customs, or any regula-
   tion 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.

10. The ballast of all vessels loading at the said wharf
    shall be taken away by the licensees, 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.

11. The rights, powers, and privileges conferred by or
    under this Order in Council shall continue in force for four-
    teen 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.

12. 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 de-
    livered at or posted to the last known address of the licensees,
    or either of them, in New Zealand.

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

14. In case the licensees shall—

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

(2.) Cease to use or occupy the said wharf, shed, or
tramway for a period of thirty days ;

(3.) Become bankrupt, or be in any manner brought
under the operation of any Act for the time being
in force relating to bankruptcy ; or

(4.) Fail to pay the sums specified in clause 3 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 publi-
cation 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 de-
termined.

15. The erection of the wharf, shed, and tramway, or
    either of them, 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.

Approving of Plans and authorising Erection of Bridge over
the Waikato River at Cambridge.

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this seventeenth
day of October, 1904.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS it is enacted by section sixteen of “ The
Harbours Act, 1878 ” (hereinafter called “ the said
Act ”), that in any harbour where no Harbour Board is in