Nov. 8.] THE NEW ZEALAND GAZETTE. 2907

2. The concessions and privileges conferred by this Order in Council shall extend and apply only to the part of the foreshore shown on the said plan marked M.D. 2158.

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, and thereafter the annual sum of five shillings, such annual payments to date from the date hereof, and the first such payment 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 five 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 consent 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 boatshed at his own cost, without payment of any compensation 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.

6. The licensee shall maintain the above-mentioned structure 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 structure 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 structure, requiring the licensee, 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. The licensee shall be liable for any injury which may be sustained by any vessel or boat in passing the shed or by contact with it, 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 shed 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 boatshed, and all other erections or buildings thereto belonging, to be removed, and may recover the cost incurred by any such removal from the licensee.

10. The erection of the boatshed shall be deemed to be an acceptance by the licensee of the conditions of this Order in Council.

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

Fixing Dues for Use of Mr. Amos McKegg’s Wharves, Taieri Mouth.

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government House, at Christchurch, this sixth day of November, 1906.

Present:

His Excellency the Governor in Council.

WHEREAS by an Order in Council dated the first day of June, one thousand nine hundred and six, and published in the New Zealand Gazette No. 43, of the seventh day of the same month, Amos McKegg, of Henley, was licensed to use and occupy for a term of fourteen years from that date a part of the foreshore and of the land below low-water mark adjacent thereto at the mouth of the Taieri River, Otago, for the purpose of erecting and maintaining thereon two wharves in accordance with plans (two sheets) marked M.D. 2963, and deposited in the office of the Marine Department at Wellington:

And whereas such wharves have been erected: And whereas it is desirable to prescribe dues for the use of the said wharves:

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 power and authority conferred upon him by “The Harbours Act, 1878,” and of all other powers and authorities enabling him in that behalf, doth hereby prescribe that the dues and rates set forth in the Schedule hereto shall, on and after the date of the publication of this Order in Council in the New Zealand Gazette, be charged and taken by the said Amos McKegg for the use of the said wharves.

SCHEDULE.

1. For all goods landed or shipped from either of the said wharves, per ton, weight or measurement .. .. .. .. .. £ s. d.
   Minimum charge .. .. .. 0 1 0
   0 0 6

2. For each passenger landed on or embarked from either of the said wharves .. .. 0 0 3

3. For every vessel lying alongside either of the said wharves,—
   (a.) If a regular trader to and from either of such wharves, per ton register per half-year, payable in advance .. .. 0 0 6
   Minimum charge per half-year .. 1 10 0
   (b.) If an irregular trader to and from such wharves, for each visit thereto, per ton register .. .. .. .. 0 0 1
   Minimum charge, per visit, per wharf 0 2 6

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

Approving Plan and authorising Erection of Viaduct across the Beach near the Cave Rock, Sumner.

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government House, at Christchurch, this sixth day of November, 1906.

Present:

His Excellency the Governor in Council.

WHEREAS the Christchurch Tramway Board, a body corporate duly incorporated under “The Christchurch Tramways District Act, 1902,” and “The Christchurch Tramways District Act 1902 Amendment Act, 1903,” is desirous of constructing a timber viaduct across that portion of the foreshore near the place known as “the Cave Rock,” Sumner, lying between Gollan’s Point and the point where the Christchurch-Lyttelton Road leaves the foreshore:

And whereas the said foreshore is within the limits of the Port or Harbour of Lyttelton: And whereas the Lyttelton Harbour Board, upon the application of the Christchurch Tramway Board made in that behalf, did by resolution passed at a meeting of the Lyttelton Harbour Board held on the sixth day of June, one thousand nine hundred and six, assent to the said proposed construction of the said viaduct on condition that the Lyttelton Harbour Board should be exempted from all responsibility in connection therewith: And whereas the said Christchurch Tramway Board (hereinafter called “the Board”) has deposited in the office of the Marine Department at Wellington a plan (in duplicate), marked M.D. 3002, of the whole of the proposed work, showing all the details thereof, and the mode in which it is proposed the same shall be carried out, and also a locality-plan, marked M.D. 3013, of the place where it is to be constructed: And whereas it appears to His Excellency the Governor in Council that the proposed construction of the said viaduct will not be injurious to or tend to the injury of navigation:

And whereas it is expedient that the said plan should be approved, and that the Board should be authorised to construct the said work:

Now, therefore, His Excellency the Governor of the Colony of New Zealand, in pursuance and exercise of the powers conferred upon him by “The Harbours Act, 1878,” and acting by and with the advice and consent of the Executive Council of the said colony, doth hereby approve of the said deposited plans and the construction and maintenance of the said viaduct, and doth hereby make and impose the following restrictions, conditions, and regulations for the purposes of the said Act:—