Oct. 20.] THE NEW ZEALAND GAZETTE. 2435

existence the Governor in Council may authorise any local governing body, or any person, to construct harbour-works for the use and benefit of the public:

And whereas the Cambridge Borough Council (hereinafter called “the Council”) has applied to the Governor in Council for authority to construct a bridge over the Waikato River at Cambridge, for the use and benefit of the public, and in accordance with the one-hundred-and-fifty-sixth section of the said Act has deposited a plan in the office of the Marine Department at Wellington, marked M.D. 2765, of such bridge and the place where it is to be constructed:

And whereas there is no Harbour Board in existence for the Waikato Harbour or River where it is proposed to construct the bridge:

And whereas it has been made to appear to the Governor in Council that the proposed work will not be or tend to the injury of navigation, and it is expedient that the said plan should be approved, and that the Council should be authorised to construct the said bridge:

Now, therefore, His Excellency the Governor of the Colony of New Zealand, in pursuance and exercise of the hereinbefore-recited power and authority, and by and with the advice and consent of the Executive Council of the said colony, doth hereby approve of the said plan marked M.D. 2765, and doth authorise the Council to construct the said bridge in accordance with such plan, subject to the following terms and conditions, that is to say,—

1. The bridge shall be for the use and benefit of the public.

2. 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, and the Council shall not assign, charge, or part with any such right, power, or privilege without the previous written consent of the Minister having charge of the Marine Department first obtained.

3. The Council shall be liable for any injury which may be sustained by any vessel or boat in passing the bridge by contact with it, and which may be occasioned by any default or neglect on its part.

ALEX. WILLIS,
Clerk of the Executive Council.

Vesting Management of Tauranga Town Wharf in Tauranga Borough Council.

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 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 His Majesty in any local governing body or person, upon such terms and conditions as the Governor in Council thinks fit:

And whereas it is provided by the seventeenth section of the said Act that in and by such Order in Council it may be prescribed what dues and rates shall be taken by the body or person in whom any such wharf shall be vested as aforesaid:

And whereas it is thought desirable to vest the management of the wharf at Tauranga, known as the Town Wharf, in the Tauranga Borough Council, on the terms and conditions herein set forth, and to prescribe that the dues and rates specified in the Schedule hereto shall be charged and taken, on and after the date of this Order in Council, for the use of the said wharf:

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 and seventeenth sections of “The Harbours Act, 1878,” and of all other powers and authorities in anywise enabling him in that behalf, doth hereby vest, as from the ninth day of April, one thousand nine hundred and two, the management of the Town Wharf at Tauranga, which is shown on plan marked M.D. 1400, and deposited in the office of the Marine Department, in the Tauranga Borough Council, subject to the following conditions; and doth hereby prescribe that the dues and rates specified in the Schedule hereto shall be charged and taken, from the ninth day of April, one thousand nine hundred and two, for the use of the said wharf:—

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 wharf, 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 wharf without payment.

3. That the said Borough Council shall maintain and keep the above-mentioned wharf, and all erections on the wharf, 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 wharf, and any buildings erected on the wharf, and view the state of repair thereof; and that, upon his leaving at or posting to the last known address of the said Council a notice in writing of any defect or want of repair in such wharf or buildings, 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 said Council shall not erect or suffer to be erected on the said wharf any building or structure whatever, except with the consent of the Marine Department.

6. That the said Council shall keep a separate account of the receipts and expenditure on account of such wharf, and shall cause such account to be balanced to the thirty-first 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.

7. That nothing herein contained shall authorise the said 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.

8. That the rights, powers, and privileges conferred by this Order in Council shall continue in force for fourteen years, computed from the ninth day of April, one thousand nine hundred and two, unless in the meantime altered, modified, or revoked.

9. 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 said 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 or posted to the last known address of the said Council, their successors or assigns. No compensation or allowance shall be payable in such case.

10. The Council 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.

11. In case the Council 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,

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 Council 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 Council, and to all persons concerned or interested, that this Order in Council, and the rights and privileges thereby conferred, have been revoked and determined.

SCHEDULE.

1. For goods of every description, timber, or other articles taken upon the wharf there shall be made a charge of 1s. a ton or part of a ton, weight or measurement, at the option of the wharfinger; provided that for firewood the charge shall only be 3d. per ton measurement, and only half-rates shall be charged for all goods transhipped.

2. For each and every horse, ass, mule, and neat cattle taken upon the wharf the charge shall be 3d., and for each and every sheep, pig, or goat, 1d.

3. The charge for every vessel hauling alongside the wharf, and not exceeding 10 tons register, shall be—for every ton or part of a ton, at per diem, 2d.; and for vessels over 10 tons register, on first 10 tons, per diem, 2d. per ton, and for every ton over 10 tons, per diem, ½d. per ton.

4. No goods, timber, or other article shall be deposited on the wharf, except in the act of landing or shipping the same, without the permission of the wharfinger.

5. The master of every vessel hauling alongside a wharf shall berth, moor, or remove his vessel as the wharfinger may direct.

ALEX. WILLIS,
Clerk of the Executive Council,