Sept. 5.] THE NEW ZEALAND GAZETTE. 2755

Licensing William Alexander Hoey and Henry Hoey to use and occupy a Part of the Foreshore of Whangarei Harbour as a Site for a Foot-bridge over the Waiarohia River.

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this second day of September, 1907.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS, there being no Harbour Board empowered to grant the license hereinafter mentioned, William Alexander Hoey and Henry Hoey, of Whangarei (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 in order to erect and maintain thereon a foot-bridge over the Waiarohia River, in Whangarei Harbour; and, in accordance with the one-hundred-and-fifty-sixth section of “The Harbours Act, 1878,” have deposited a plan in the office of the Marine Department at Wellington (marked M.D. 3081) showing the place where it is intended to erect such foot-bridge, and the area of foreshore 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 plan has, 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 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 which is particularly shown and delineated on the plan marked M.D. 3081 so deposited as aforesaid, for the purpose of constructing or erecting thereon a foot-bridge; 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 shown on the said plan marked M.D. 3081.

3. In consideration of the concessions and privileges granted by this Order in Council, the licensees shall, on being supplied with a copy of this Order in Council, pay to the Minister the sum of one pound, and thereafter the annual sum of five shillings in advance, 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. 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 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. The said rights, powers, and privileges may be at any time resumed by the Governor, and the licensees may be required to remove the foot-bridge at their own cost, 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 in New Zealand.

6. The licensees shall be liable for any injury which may be sustained by any vessel or boat in passing the foot-bridge, or by contact with it, and which may be occasioned by any default or neglect on their part.

7. In case the licensees shall—
   (1.) Commit or suffer a breach of the conditions hereinafter set forth, or any of them;
   (2.) Cease to use or occupy the said foot-bridge 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 foot-bridge and all other erections or buildings thereto belonging to be removed, and may recover the cost incurred by any such removal from the licensees.

8. The erection of the foot-bridge 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.

Incorporating a Portion of the Riccarton Road District with the Christchurch Tramway District.

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this second day of September, 1907.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

IN exercise of the powers conferred upon him by “The Christchurch Tramway District Act, 1906,” and of all other powers and authorities in anywise enabling him in this behalf, His Excellency the Governor of the Colony of New Zealand, acting by and with the consent and advice of the Executive Council of the said colony, doth hereby direct that the portion of the Riccarton Road District described in the Schedule hereto shall, from and after the date of the gazetting hereof, be incorporated with and form part of the Christchurch Tramway District as constituted by the aforesaid Act.

SCHEDULE.

ALL that area of land, being part of the Riccarton Road District, comprised within the following boundaries: Commencing at the junction of Graham’s Road with the Wairarapa Road; thence by the south-west side of Wairarapa Road to its intersection with the eastern boundary of Rural Section 453; thence by the eastern boundaries of Rural Sections 453, 242, 143, and 80 to the Waimaire Stream; thence by the left bank of the Waimaire Stream to Graham’s Road; thence by Graham’s Road to the commencing point: as the same is delineated on the plan marked P.W.D. 22821, deposited in the office of the Minister for Public Works, at Wellington, in the Provincial District of Wellington, and thereon coloured green.

ALEX. WILLIS,
Clerk of the Executive Council.

Validating a Special Order made by Wanganui Borough Council respecting a Loan.

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this second day of September, 1907.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS the Borough Council of the Borough of Wanganui lately proposed to raise a loan of ten thousand pounds for the purpose of extending and enlarging the municipal gasworks in the Borough of Wanganui: And whereas the security for the said loan is a special annually recurring rate of threepence in the pound upon the annual rateable value of all rateable property in the Borough of Wanganui: And whereas in the special order making such special rate the Borough of Wanganui was not described by its boundaries, as required by the Schedule to “The Local Bodies’ Loans Amendment Act, 1903”: And whereas it appears that the ratepayers have not been misled by such irregularity, and it is expedient to validate such irregularity: