Mar. 23.] THE NEW ZEALAND GAZETTE. 767

Governor by section six of “The Cemeteries Act, 1882,” as to the appointment and removal of trustees, were delegated to the Council of the County of Hawera, in pursuance of section two of “The Cemeteries Act 1882 Amendment Act, 1885,” in respect to the cemetery described in the Schedule hereto: And whereas it is expedient to revoke the said delegation:

Now, therefore, His Excellency William Lee, Baron Plunket, the Governor of the Colony of New Zealand, in pursuance and exercise of the 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 revoke the delegation to the Council of the County of Hawera of the powers conferred upon the Governor by section six of “The Cemeteries Act, 1882,” in respect of the Okaiawa Public Cemetery, described in the Schedule hereto.

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SCHEDULE.

OKAIWA PUBLIC CEMETERY.

ALL that area in the Taranaki Land District, containing by admeasurement 10 acres, more or less, being Section No. 56, Okaiawa Settlement, Block IV., Waimate Survey District. Bounded towards the north-east by Section No. 57, 714 links; towards the south-east by Section No. 60, 1401 links; towards the south-west by a road, 714 links; and towards the north-west by Section No. 55, 1401 links: be all the aforesaid linkages more or less: as the same is delineated on the plan deposited in the District Lands and Survey Office, New Plymouth.

AMELIUS M. SMITH,
Acting Clerk of the Executive Council.

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Licensing Messrs. T. S. Searle and C. Speight to use and occupy a Part of the Foreshore of Otago Harbour.

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PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this fifteenth day of March, 1905.

Present:

THE HONOURABLE SIR J. G. WARD, K.C.M.G., PRESIDING IN COUNCIL.

WHEREAS, there being no Harbour Board empowered to grant the license hereinafter mentioned, Thomas Stephen Searle and Charles Speight, both of Dunedin (hereinafter called “the licensees”), have applied to the Governor in Council for a license under “The Harbours Act Amendment Act, 1883” (hereinafter called “the said Act”), to occupy a part of the foreshore at Broad Bay, in Otago Harbour, in order to erect and maintain thereon a boat-shed and slip; 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. 2812; two sheets), showing the place where it is intended to erect such boat-shed and slip, the area of foreshore to be occupied for such purpose, and the manner in which it is proposed to erect the boat-shed and slip: 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 the said plans have, prior to the making of this Order in Council, been approved by the Governor in Council, without modification or addition: And whereas it is expedient that a license under the said Act, for the purpose aforesaid, should be granted and issued to the licensees 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 purpose or 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 to use and occupy that part of the foreshore which is particularly shown and delineated in red on the plan marked M.D. 2812 (sheet 1) so deposited as aforesaid, for the purpose of constructing or erecting thereon a boat-shed and slip, such license to be held and enjoyed by the licensees upon and subject to the following terms and conditions, that is to 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 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 erection of such boat-shed and slip, which is shown in red on the plan marked M.D. 2812 (sheet 1), and deposited in the office of the Marine Department as aforesaid.

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 three pounds, and thereafter an annual sum of one pound, payable on the first day of December, dating from the first day of March, one thousand nine hundred and five, the first of such annual payments to be made on the licensees being supplied with a copy of this Order in Council.

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 boat-shed and slip without payment.

5. The licensees shall complete the erection of the said boat-shed and slip in accordance with the approved plan marked M.D. 2812 (sheet 2), within six calendar months from the date of this Order in Council.

6. The licensees shall maintain the above-mentioned boat-shed and slip in good order and repair.

7. Any person authorised by the Minister may at all reasonable times enter upon the said boat-shed and slip and view the state of repair thereof; and upon such Minister leaving at or posting to the last known address of the licensees, or either of them, a notice in writing of any defect or want of repair in such boat-shed and slip, requiring them, within a reasonable time, to be therein prescribed, to make good the same, they shall with all convenient speed cause such defect to be removed or such repairs to be made, as the case may be.

8. 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.

9. The rights, powers, and privileges conferred by or under this Order in Council shall continue 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 written consent of the Minister first obtained.

10. 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 or either of them.

11. The licensees shall be liable for any injury which the said boat-shed and slip may cause any vessel or boat to sustain through any default or neglect on their part.

12. In case the licensees 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 boat-shed and slip for the purposes aforesaid;

(3.) Fail to pay the sums specified in clause three of these conditions; or

(4.) Become bankrupt, or be brought under the operation of any Act for the time being relating to bankruptcy,—

then and in either of the said cases this Order in Council, and every license, right, power, or privilege thereby conferred, 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.

13. The erection of the boat-shed and slip shall be sufficient evidence of the acceptance by the licensees of the terms and conditions of this Order in Council.

AMELIUS M. SMITH,
Acting Clerk of the Executive Council.