1048
THE NEW ZEALAND GAZETTE.
[No. 41

a majority of the ratepayers in the area of land described in
the Schedule hereto, situated in the County of Otamatea,
have presented a petition to His Excellency the Governor
of the Colony of New Zealand praying that the said area be
constituted a drainage district under the provisions of the
said Act:

Now, therefore, His Excellency the Governor of the
Colony of New Zealand, in pursuance and exercise of the
power and authority contained in the third section of “The
Land Drainage Act, 1904,” and acting by and with the
advice and consent of the Executive Council of the said
colony, doth hereby constitute and declare the area of land
described in the Schedule hereto to be a district for the
purposes of Part I. of the said Act, and to be called by the
name of the “Raupo Drainage District”; and also, in
pursuance and exercise of the power and authority con-
tained in the fourth section of the said Act, doth hereby
declare that the Board of Trustees for the said district shall
consist of five members, to be elected under and in accord-
ance with the said Act.

———

SCHEDULE.

RAUPO DRAINAGE DISTRICT.

ALL that area in the Auckland Land District bounded
towards the north-west by Tokatoka Parish from the Wairoa
River to the road forming the south-western boundary of
Section No. 86, Totatoka Parish; thence by a right line
across that road: thence towards the north-east by the said
Section No. 86 to the road forming the southern boundary
of that section: thence towards the east by a right line
across the last-mentioned road to the north-western corner
of Section No. 24, Block XI., Tokatoka Survey District;
thence by Sections Nos. 24 and 26 of the said Block XI.,
the crossing of a road, and by Sections Nos. 49 and 53,
Block XI. aforesaid, to the south-western corner of the last-
mentioned section: thence towards the north generally by
Sections Nos. 53 and 54, Block XI. aforesaid, to the road
forming the eastern boundary of the last-mentioned section;
thence by a right line across that road, by Sections Nos. 4,
5, and 6, Block XII., to the south-eastern corner of the
last-mentioned section: thence towards the west and south-
west by the said Section No. 6 to its north-eastern corner;
thence by a right line across a road and by Section No. 3,
Block XII. aforesaid, to a point in line with the south-
eastern boundary-line of the middle portion of Section
No. 7, Omaru Parish: thence towards the north-west by a
right line across a road and by the said middle portion of
Section No. 7 and a right line across a road to the western
boundary of Section No. 20, Omaru Parish: thence towards
the north-east by Sections Nos. 20, 24, and 25, Omaru
Parish, the crossing of a road, Sections Nos. 3 and 2, and
the north-western portion of Section No. 1, Omaru Parish,
to the canal reserve intersecting Section No. 2, Block XVI.,
Totatoka Survey District: thence towards the east generally
by the said canal reserve to the south side of the road and
drain reserve forming the southern boundary of Section
No. 2 aforesaid; thence by the said road and drain reserve
to the canal; and thence by the canal and the Awaroa River
to its confluence with the Wairoa River: and thence to-
wards the south and south-west generally by the Wairoa
River to the place of commencement.

J. F. ANDREWS,
Acting Clerk of the Executive Council.

———

Licensing Joseph Fell to use and occupy a Part of the Fore-
shore at Kohukohu, Hokianga River, as a Site for a Slip
and Shed.

———

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this twenty-
ninth day of April, 1905.

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”), Joseph Fell, of Kohukohu (herein-
after called “the licensee”), has applied to the Governor in
Council for a license under the said Act to occupy a part of
the foreshore at Kohukohu, on the south side of the Ho-
kianga River, in the Provincial District of Auckland, in order
to construct a slip and shed thereon; and, in accordance
with the one-hundred-and-fifty-sixth section of “The Har-
bours Act, 1878,” has deposited a plan in the office of the
Marine Department at Wellington, marked M.D. 2843, show-
ing the area of foreshore intended to be occupied, and the
manner in which it is proposed to construct the slip and shed;

And whereas the Governor in Council has approved of the pur-
pose for which the said foreshore is to be occupied: And
whereas it is expedient that a license should be granted and
issued to the licensee 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 licensee as afore-
said; 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 licensee to
use and occupy that part of the foreshore on which the slip
and shed are to be constructed, as shown on the plan so
deposited as aforesaid, for the purpose of constructing and
maintaining the said slip and shed thereon; such license to
be held and enjoyed by the licensee 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 of Marine, as defined by “The Shipping and Sea-
   men Act, 1903,” and includes any officer, person, or autho-
   rity 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 slip and shed
   on the south side of the Hokianga River, at Kohukohu, as
   shown on plan marked M.D. 2843.

3. In consideration of the concessions and privileges
   granted by this Order in Council, the licensee shall, on being
   supplied with a copy thereof, pay to the Minister the sum of
   two pounds ten shillings, and thereafter an annual sum of
   two pounds ten shillings, payable on the first day of May,
   dating from the first day of May, one thousand nine hundred
   and five, the first of such annual payments to be made on the
   licensee 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
   slip and shed, and all rights of ingress and egress thereon
   and therefrom.

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 slip and shed without payment.

6. The licensee shall maintain the above-mentioned slip and
   shed in good order and repair, and shall at all times exhibit
   therefrom, and maintain at his 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 slip and shed and
   view the state of repair thereof, and upon such Minister
   leaving at or posting to the last known address of the
   licensee in New Zealand a notice in writing of any defect or
   want of repair in such slip or shed, requiring him within a
   reasonable time, to be therein prescribed, to repair the
   same, he shall with all convenient speed cause such defect
   to be removed or such repairs to be made.

8. Nothing herein contained shall authorise the licensee
   to do or cause to be done anything repugnant to or incon-
   sistent with any law relating to the Customs, or any regulation
   of the Commissioner of Trade and Customs, or with any pro-
   visions 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 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 licensee shall not assign,
   charge, or part with any such right, power, or privilege
   without the previous 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 com-
    pensation whatever, on giving to the licensee 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 licensee in New Zealand.

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

12. In case the licensee shall—
    (1.) Commit or suffer a breach of the conditions herein-
    before set forth, or any of them; or