Jan. 10.] THE NEW ZEALAND GAZETTE. 19

and issued to the licensees 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 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 which is particularly shown and delineated on the plans so deposited as aforesaid, for the purpose of constructing thereon timber booms in accordance with the said plans, such license to be held and enjoyed by the licensees 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 necessary for the construction of the timber booms, as shown on plans M.D. 3020.

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 two pounds ten shillings, and thereafter an annual sum of five pounds in advance, such annual payments to date from the date hereof.

4. The rights, powers, and privileges conferred by this Order in Council shall continue in force for seven 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 licensees shall not assign, charge, or part with any such right, power, or privilege without the previous written consent of the Minister first obtained.

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 said rights, powers, and privileges may be at any time resumed by the Governor, and the licensees may be required to remove the timber booms at their own cost, without payment of any compensation whatever, on giving to the licensees 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 licensees in New Zealand.

7. The licensees shall maintain the above-mentioned timber booms in good order and repair, and shall at all times exhibit therefrom, and maintain at their own cost, any lights that may be required by the Harbourmaster: Provided that no light shall be exhibited until after it has been approved of by the Minister.

8. In constructing the said booms the licensees shall leave, for the purposes of navigation, a clear opening at the point marked “A” on the said plans, of a width not less than forty feet from side to side, such opening to be kept open for the passage of vessels at all times, except when the said Whirinaki River is in flood, when such opening may, for a space not exceeding forty-eight hours at any one time, be temporarily closed by means of a swing boom; but such boom shall immediately on the subsidence of flood be swung back so as to leave the said space of forty feet above mentioned clear of all obstacles.

9. Any person authorised by the Minister may, at all reasonable times, enter upon the said timber booms and view the state of repair thereof; and upon such Minister leaving at or posting to the last known address of the licensees a notice in writing of any defect or want of repair in such timber booms, 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.

10. The licensees shall be liable for any injury which may be sustained by any vessel or boat in passing the timber booms, or by contact therewith, and which may be occasioned by any default or neglect on their part.

11. 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 timber booms 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 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 rights and privileges thereby conferred, have been revoked and determined; and upon such revocation the Minister may cause the said timber booms to be removed, and may recover the cost incurred by any such removal from the licensees.

12. The construction of the timber booms shall be deemed to be an acceptance by the licensees of the conditions of this Order in Council.

ALEX. WILLIS,
Clerk of the Executive Council.

Licensing Messrs. Levin and Co. (Limited) to use and occupy a Part of the Foreshore of Manawatu River.

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this seventh day of January, 1907.

Present:

His Excellency the Governor in Council.

WHEREAS, there being no Harbour Board empowered to grant the license hereinafter mentioned, Levin and Co. (Limited), of Wellington (hereinafter called “the licensees”), have 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 of Manawatu River, in the County of Manawatu, in order to construct thereon three wharves or jetties; 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. 3024), in duplicate, showing the place where it is intended to erect such wharves or jetties, the area of foreshore and land below low-water mark to be occupied for such purpose, and the manner in which it is proposed to construct such wharves or jetties: 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 plan has, prior to the making of this Order in Council, been approved by the Governor in Council without modification or addition: And whereas it is expedient that a license under the said Act, for the purpose aforesaid, should be granted and issued to the licensees 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 which are particularly shown and delineated on the plan marked M.D. 3024 so deposited as aforesaid, for the purpose of constructing or erecting thereon three wharves or jetties; such license to be held and enjoyed by the licensees 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 necessary for the erection of such wharves or jetties, which are shown on the plan marked M.D. 3024, and deposited in the office of the Marine Department as aforesaid.

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 two pounds ten shillings, and thereafter an annual sum of one pound in advance for each wharf or jetty, such annual payments to date from the date hereof, the first of such annual payments to be made on the licensees being supplied with a copy of this Order in Council.

4. His Majesty, or the Governor, and all officers in the Government service acting in the execution of their duty,