2724
THE NEW ZEALAND GAZETTE.
[No. 87

exercise of the said power and authority, and with the like advice and consent as aforesaid, doth hereby license and permit the Council to use and occupy that part of the foreshore and land below low-water mark which are particularly shown and delineated on the plan marked M.D. 3009 so deposited as aforesaid, for the purpose of constructing or erecting thereon baths, such license to be held and enjoyed by the Council 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. In consideration of the concessions and privileges granted by this Order in Council, the Council shall pay to the Minister the annual sum of one shilling, such annual payment to date from the date hereof, and the first payment to be made on the Council being supplied with a copy of this Order in Council.

3. 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 erection of such baths, which are shown on the plan marked M.D. 3009, and deposited in the office of the Marine Department as aforesaid.

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, over, and out of the said baths without payment.

5. The Council shall complete the erection of the said baths in accordance with the approved plan marked M.D. 3009, within twelve calendar months from the date of this Order in Council.

6. The Council shall maintain the above-mentioned baths in good order and repair.

7. Any person authorised by the Minister may, at all reasonable times, enter upon the said baths and view the state of repair thereof; and upon such Minister leaving at or posting to the last known address of the Council a notice in writing of any defect or want of repair in such baths, requiring it, within a reasonable time, to be therein prescribed, to make good the same, the Council 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 Council 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 Council shall not assign, charge, or part with any such right, power, or privilege without the written consent of the Minister first obtained.

10. The Council may make such charges for the use of the baths as may be approved of by the Minister of Marine.

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 Council 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 Council.

12. The Council shall be liable for any injury which the said baths may cause any vessel or boat to sustain through any default or neglect on its part.

13. In case the Council shall—

    (1.) Commit or suffer a breach of the conditions hereinbefore set forth, or any of them; or

    (2.) Cease to use or occupy the said baths for the purposes aforesaid,

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 Council 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 Council, 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 erection of the said baths shall be sufficient evidence of the acceptance by the Council of the terms and conditions of this Order in Council.

ALEX. WILLIS,
Clerk of the Executive Council.

Validating the Voting-papers used at the Poll in connection with the Loan of £1,000 applied for by the Carterton Borough Council.

—

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this fifteenth day of October, 1906.

Present:

His Excellency the Governor in Council.

WHEREAS the Carterton Borough Council has applied to the Colonial Treasurer, under the provisions of “The Local Bodies’ Loans Act, 1901” (hereinafter called “the said Act”), and its amendments, for a loan of one thousand pounds for the purpose of completing the drainage-works in the No. 1 Drainage District of the Borough of Carterton: And whereas the voting-papers used at the poll of ratepayers taken under the provisions of the said Act upon the proposal to raise the said loan on the fourth day of June, one thousand nine hundred and six, did not contain the date of such poll or state the provisions for the repayment of the said loan: And whereas the Governor is satisfied that the ratepayers have not been misled by either of such irregularities or defects, and it appears expedient to validate the said poll of ratepayers:

Now, therefore, His Excellency the Governor of the Colony of New Zealand, acting by and with the advice and consent of the Executive Council of the said colony, and in pursuance and exercise of the powers and authorities contained in the tenth section of “The Local Bodies’ Loans Amendment Act, 1902,” doth hereby validate the voting-papers so used as aforesaid, and doth hereby declare that the proceedings at the said poll shall not be called in question by reason only of the irregularities aforesaid.

ALEX. WILLIS,
Clerk of the Executive Council.

—

Domain Board appointed to have Control of the Langdale Domain.

—

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this fifteenth day of October, 1906.

Present:

His Excellency the Governor in Council.

WHEREAS by section two of “The Domain Boards Act, 1904” (hereinafter termed “the said Act”), it is enacted that the Governor may from time to time, with respect to any public domain, appoint such persons (not exceeding nine) as he thinks fit to be a Domain Board having, subject to “The Public Domains Act, 1881,” control of such domain:

And whereas by an Order in Council made under the provisions of “The Public Reserves Act, 1881,” on the seventeenth day of March, one thousand nine hundred and five, and published in the New Zealand Gazette of the twenty-third day of March, one thousand nine hundred and five, the land described in the Schedule hereto was brought under the operation of and declared to be subject to the provisions of “The Public Domains Act, 1881”:

And whereas it appears expedient to appoint a Domain Board to control the said Domain:

Now, therefore, His Excellency the Governor of the Colony of New Zealand, in exercise of the powers conferred by the said Act, and acting by and with the advice of the Executive Council of the said Colony of New Zealand, doth hereby appoint

THOMAS CRIPPS,
JOHN MCLEAY,
GEORGE FELLINGHAM,
HUGH MORRISON,
NEIL MCKAY,
ALEXANDER MCKAY, and
DONALD BENNETT

to be the Langdale Domain Board, having the control of the land described in the said Schedule hereto for the purposes of and subject to the provisions of the said Act; and doth hereby appoint Saturday, the twenty-fourth day of November, one thousand nine hundred and six, at eight o’clock p.m., as the time when, and the Schoolhouse Langdale, as the place where, the first meeting of the Board shall be held.