JULY 26.] THE NEW ZEALAND GAZETTE. 2039

or by contact therewith, and which may be occasioned by any default or neglect on his part.

9. In case the licensee 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 tramway for a period of thirty days ;
   (3.) Fail to pay the sums specified in clause three of these conditions ; or
   (4.) Become bankrupt, or be in any manner brought under the operation of any law in force for the time being relating to bankruptcy,

then and in any 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 licensee 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 licensee, and to all persons concerned or interested, that this Order in Council, and the rights and privileges thereby conferred, have been revoked and determined ; and upon such revocation the Minister may cause the said tramway to be removed, and may recover the cost incurred by any such removal from the licensee.

10. The construction of the tramway shall be deemed to be an acceptance by the licensee of the 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 Extension of Wharf and a Shed.

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this twenty-third day of July, 1906.

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 applied 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 Collingwood, in order to extend a wharf, the erection of which was authorised by the Governor in Council on the seventeenth day of October, one thousand nine hundred and four, and to erect a shed 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, coloured red, and marked “Shed” and “Jetty extension”) showing the area of foreshore and land below low-water mark intended to be occupied, and the manner in which it is proposed to extend the wharf and erect the shed : 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 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 and land below low-water mark on which the extension of the wharf is to be made and on which the shed is to be erected, as shown on the plans so deposited as aforesaid, for the purpose of extending and maintaining the extension of the said wharf and for the erection of the said shed 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 of Marine, as defined by “The Shipping and Seamen Act, 1903,” 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 land below low-water mark necessary for the extension of the wharf and the erection of the shed, as shown in red 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.

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, over, and out of the said wharf and shed without payment.

6. The licensees shall maintain the above-mentioned wharf and shed 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 and shed 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 or shed, requiring them, within a reasonable time, to be therein prescribed, to repair the same, they shall with all convenient speed cause such defect to be removed or such repairs to be made.

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 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.

10. The rights, powers, and privileges conferred by or under this Order in Council shall continue in force for fourteen years from the 17th October, 1904, 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.

11. 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 any of them, in New Zealand.

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

13. 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 wharf and shed 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 sum specified in clause 3 of these conditions,

then and in any 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 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.

14. The extension of the wharf 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.

B