2136

THE NEW ZEALAND GAZETTE.

[No. 67]

Licensing Mr. E. G. Pilcher to use and occupy a Part of
the Foreshore and Tidal Land at Pakawau as a Site for
a Wharf.

PLUNKET, Governor.

ORDER IN COUNCIL.
At the Government House, at Wellington, this sixth day
of August, 1906.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS, there being no Harbour Board empowered
to grant the license hereinafter mentioned, Ernest
Gregory Pilcher (hereinafter called “the licensee”) has
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 and
land below low-water mark at Pakawau in order to erect
and maintain a wharf thereon; and, in accordance with
the one-hundred-and-fifty-sixth section of “The Harbours
Act, 1878,” has deposited plans in the office of the
Marine Department at Wellington, marked M.D. 2983
(three sheets), showing the place where it is intended
to construct such wharf, and the area of foreshore and
land below low-water mark intended to be occupied for
such purpose: 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: And whereas it is
expedient that a license under the said Act for the purpose
aforesaid should be granted and issued to the licensee 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 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 licensee 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 licensee to use and
occupy that part of the foreshore and land below low-water
mark which is particularly shown and delineated on sheet 1
of the plans M.D. 2983 so deposited as aforesaid, for the
purpose of constructing or erecting thereon a wharf, in
accordance with sheets 2 and 3 of the plans M.D. 2983,
such license to be held and enjoyed by the licensee upon
and subject to the following terms and conditions, that is
to say:—

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 in the herein-
   before-mentioned harbour, shown on sheet 1 of the said
   plan marked M.D. 2983.

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 three pounds, and thereafter an annual sum of one
   pound in advance, such annual payments to date from the
   date hereof, the first of such annual payments to be made
   on the licensee being supplied with a copy of this Order in
   Council.

4. 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, 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 con-
   sent of the Minister first obtained.

5. The said rights, powers, and privileges may be at any
   time resumed by the Governor, and the licensee may be
   required to remove the wharf at his own cost, without payment of any compensation whatever, on giving to the licensee
   three 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.

6. The ballast of all vessels loading at the wharf shall be
   taken away by the licensee, and deposited above high-water
   mark, or at such places as may be approved by the
   Minister, or by any person appointed by the Minister for
   the purpose.

7. The licensee shall maintain the above-mentioned wharf
   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.

8. 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 licensee a notice
   in writing of any defect or want of repair in such wharf,
   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.

9. The licensee shall be liable for any injury which may
   be sustained by any vessel or boat in passing the wharf, or
   by contact therewith, and which may be occasioned by any
   default or neglect on his part.

10. In case the licensee shall—
    (1.) Commit or suffer a breach of the conditions herein-
    before set forth, or any of them;
    (2.) Cease to use or occupy the said wharf 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 wharf to be removed,
    and may recover the costs incurred by any such removal
    from the licensee.

11. The construction of the wharf 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.

Duty to be levied on Raspberry Acid.

PLUNKET, Governor.

WHEREAS a certain article of merchandise known as
raspberry acid is imported into New Zealand, which
possesses properties in the whole or in part which can be
used for a similar purpose as table vinegar, the latter being
a dutiable article under “The Customs and Excise Duties
Act, 1895”:

Now, therefore, I, William Lee, Baron Plunket, the
Governor of the Colony of New Zealand, in pursuance and
exercise of the powers and authority conferred upon me by
section seventeen of “The Customs and Excise Duties
Act, 1888,” do hereby direct that there shall be levied on
raspberry acid the same duty as is leviable on table vinegar
under “The Customs and Excise Duties Act, 1895”—that
is to say, sixpence the gallon.

As witness the hand of His Excellency the Governor,
this third day of August, one thousand nine
hundred and six.

C. H. MILLS,
Commissioner of Trade and Customs.

Governor’s Order No. 176.

Rangers under the Animals Protection Acts appointed, Wellington.

Colonial Secretary's Office,
Wellington, 1st August, 1906.

HIS Excellency the Governor has been pleased to
appoint

ALEXANDER DOUGAL CLEMETT,
FREDERICK CHAPMAN RETTER, and
BERTRAM BRYANT

to be Rangers under “The Animals Protection Act, 1880,”
and the Acts amending the same, for the District of Wellington.

ALBERT PITT,
Acting Colonial Secretary.