244
THE NEW ZEALAND GAZETTE.
[No. 9

appears that the ratepayers have not been misled by such irregularity, and that it is expedient to validate the same:
Now, therefore, His Excellency the Governor of the Colony of New Zealand, in pursuance and exercise of the powers conferred by section ten of “The Local Bodies’ Loans Amendment Act, 1902,” and acting by and with the consent of the Executive Council of the said colony, doth hereby declare that such public notification of the intention to raise the said loan shall be deemed and taken to be as valid as though the said notification had been properly published, and that the proceedings relative to the said loan shall not be called in question by reason only of the irregularity aforesaid.

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

Validating Irregularities in the Public Notifications for a Loan of £250 for the Purpose of Fencing, Forming, and Metalling a Deviation at Long Hill, on the East Coast Road, applied for by the Masterton County Council.

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this twenty-sixth day of January, 1905.

Present:

THE RIGHT HONOURABLE R. J. SEDDON PRESIDING IN COUNCIL.

WHEREAS the Masterton County Council lately proposed to raise a loan of two hundred and fifty pounds for the purpose of fencing, forming, and metalling a deviation at Long Hill, on the East Coast Road: And whereas a special order has been made striking a special rate as security for the said loan: And whereas the provisions of section one hundred and twenty-four of “The Counties Act, 1886,” relating to special orders were not complied with, inasmuch as public notice of the meeting for the purpose of confirming the resolution adopting such special order, although published for four successive weeks, was not given once in each of the four weeks immediately after the date at which such resolution was passed: And whereas it appears that the ratepayers have not been misled, and it is expedient to validate such irregularities:

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 exercise and pursuance of the powers and authorities vested in him by section ten of “The Local Bodies’ Loans Amendment Act, 1902,” doth hereby declare that the said public notifications shall be deemed and taken to be as valid to all intents and purposes as though the same were regular in form, and the provisions of section one hundred and twenty-four of “The Counties Act, 1886,” had been duly complied with.

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

Sections of “The Road Boards Act 1882 Amendment Act, 1888,” to apply to Mount Albert Road Board.

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this twenty-sixth day of January, 1905.

Present:

THE RIGHT HONOURABLE R. J. SEDDON PRESIDING IN COUNCIL.

WHEREAS the Board of the Mount Albert Road District, in the County of Eden, being a county in which “The Counties Act, 1886,” is suspended, have made an application under section two of “The Road Boards Acts Amendment Act, 1904,” and it is expedient to grant such application:

Now, therefore, His Excellency the Governor of the Colony of New Zealand, in pursuance of the powers vested in him by “The Road Boards Acts Amendment Act, 1904,” and acting by and with the advice and consent of the Executive Council of the said colony, doth hereby order and declare that the provisions of sections three to six of “The Road Boards Act 1882 Amendment Act, 1888,” shall apply to the said Mount Albert Road Board, as from the date of publication hereof in the New Zealand Gazette.

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

Licensing the Akitio Totara Sawmilling Company (Limited) to use and occupy a Part of the Foreshore at Akitio as a Site for a Wharf.

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this twenty-sixth day of January, 1905.

Present:

THE RIGHT HONOURABLE R. J. SEDDON PRESIDING 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”), the Akitio Totara Sawmilling Company (Limited) (hereinafter called “the company”) has applied to the Governor in Council for a license under the said Act to occupy a part of the foreshore at Akitio, in the Provincial District of Hawke’s Bay, in order to construct a wharf thereon, and in accordance with the one-hundred-and-fifty-sixth section of “The Harbours Act, 1878,” has deposited a plan in the office of the Marine Department at Wellington, marked M.D. 2744, showing the area of foreshore and land below low-water mark 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 and land below low-water mark are to be occupied: And whereas it is expedient that a license should be granted and issued to the company 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 purpose for which the said license is required by the company 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 company to use and occupy that part of the foreshore and of the land below low-water mark on which the wharf is to be constructed, as shown on the plan so deposited as aforesaid, for the purpose of constructing and maintaining the said wharf thereon; such license to be held and enjoyed by the company 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 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 and of the land below low-water mark necessary for the construction of the wharf at Akitio, as shown on the plan marked M.D. 2744.

3. In consideration of the concessions and privileges granted by this Order in Council, the company 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 August, dating from the first day of August, one thousand nine hundred and four, the first of such annual payments to be made on the company 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 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 wharf without payment.

6. The company shall maintain the above-mentioned wharf in good order and repair, and shall at all times exhibit therefrom and maintain at its 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 and view the state of repair thereof; and upon such Minister leaving at or posting to the last known address of the company in New Zealand a notice in writing of any defect or want of repair in such wharf, requiring it within a reasonable time, to be therein prescribed, to repair the same, it shall