Oct. 24.] THE NEW ZEALAND GAZETTE. 3117

sistent 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.

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

11. 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 company shall not assign, charge, or part with any such right, power, or privilege without the previous written consent of the Minister first obtained.

12. 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 company six 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 registered office of the company in New Zealand.

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

14. In case the company 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 wharf for a period of thirty days;
    (3.) Be in any manner wound up or dissolved; or
    (4.) Fail to pay the sums specified in clause 3 of these conditions,

then and in any of the said cases this Order in Council, and every license, right, power, or privilege, may be revoked and determined by the Governor in Council without any notice to the company 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 company, 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or interested, that this Order in Council, and the license, rights, and privileges thereby granted and conferred, have been revoked and determined.

15. The erection of the wharf shall be sufficient evidence of the acceptance by the company of the terms and conditions of this Order in Council.

SECOND SCHEDULE.

REGULATIONS, WHARFAGE FEES AND DUES.

1. In these regulations, if not inconsistent with the context,—
   “Company” means the Northern Wairoa Co-operative Dairy Company (Limited).
   “Boat” means and includes any open, decked, or half-decked boat used for the purpose of business or pleasure, and in which the means of propulsion are either wholly or partly manual, or steam, or oil power.
   “Vessel” means and includes every ship of whatsoever size and rig, although the same may not be included in the term “boat.”
   “Cream-boat” means the steamer carrying the cream for delivery to the dairy company.
   “Master” means and includes the person actually in charge of any vessel, whether or not he is certified.
   “Wharf” has the same meaning as in “The Harbours Act, 1878.”
   “Wharfinger” includes every person actually in charge of the wharf for the time being.

2. (1.) In the absence of any special regulations to the contrary, the time any vessel shall be permitted to occupy a berth at the wharf for the purpose of either loading or discharging cargo shall be not more than one day for vessels under 100 tons register, and one day additional for every further 100 tons register of the vessel or part thereof.
   (2.) Upon the completion of the loading or discharging of the vessel, or upon the termination of the time allowed hereunder, whichever sooner occurs, the master shall forthwith remove his vessel from and vacate the berth occupied by it.

3. (1.) The master of any vessel loading or discharging at the wharf shall be deemed accountable for the proper slinging and landing of all goods, and responsible for any damage that may occur either from the breakage of slings or from the goods being improperly slung or improperly handled.
   (2.) It shall be the duty of the master to cause proper tarpaulins to be stretched from the wharf to the vessel loading or discharging as aforesaid, and to be there maintained while cargo or ballast is being handled or shipped.

4. (1.) In case any vessel does any damage to the wharf or any part thereof, or to any building or machinery thereon or appertaining thereto, then and in any such case the master of such vessel shall forthwith report the occurrence to the wharfinger.
   (2.) Any damage done or caused as aforesaid may be repaired by the company, and the cost thereof shall be recoverable by the company from the master and owner of such vessel, or either of them, in any Court of competent jurisdiction.

5. All goods landed on the wharf or brought thereon for shipment shall be placed as the Harbourmaster, wharfinger or other authorised person directs, and so as to keep all mooring posts or rings and all tramways clear.

6. Before any vessel or boat is removed from the wharf the master or other person in charge of the said vessel or boat shall cause all dirt or rubbish to be thoroughly cleared from the wharf, and to be deposited at such place as may be appointed by the wharfinger or other person in charge.

7. No boat shall be made fast to any steps or landing-place, or so near thereto as to obstruct the approach of the cream-boat or other vessels; nor shall any boat lie longer alongside than is required for landing passengers.

8. Any person taking a cart or other vehicle on the wharf shall walk at the head of and lead his horse or horses and remain by the same while the vehicle is on the wharf, and no person shall ride on the wharf, but shall dismount and lead his horse.

9. All watermen, stevedores, carters, and other persons employed on the wharf shall be under the control of the Harbourmaster, wharfinger, or other person in charge, and shall obey all orders given by such person in charge.

10. (1.) No person shall otherwise than as specifically permitted by these regulations obstruct or impede ingress to, or egress from, the wharf by any vessel, boat, or cable, or in any other way.
    (2.) If in breach of this clause any person obstructs or impedes ingress or egress as aforesaid, and does not, upon being ordered so to do by the wharfinger or other person in charge, remove such obstructions, then, irrespective of the penalty to which such person is liable, the officer in charge may remove, cast off, or cut any such obstruction, and may recover the cost of so doing from such person.

11. The wharfinger shall have the power to close the wharf, or any portion thereof, whenever in his opinion it is advisable to do so, and no person shall enter upon the wharf or portion of the wharf so closed without the consent of the wharfinger.

12. The master of every vessel shall give way to the cream-boat, and shall either vacate his berth or assist the master of the cream-boat to moor alongside his vessel, and shall immediately ship or unship the cream or cargo over and across the deck of his vessel, as the case may require, under such conditions as the wharfinger may impose.

13. The master of every vessel, whether carrying passengers or not, when lying alongside the wharf, shall fix, and at all times keep fixed, a safe and proper gangway from such vessel to the wharf, and he shall also keep a gangway-net properly secured beneath the gangway, and shall at all times throughout the night (that is to say, from sunset to sunrise) show and exhibit a proper light fixed at the gangway, and shall conform to and obey all orders the wharfinger may give regarding the position, size, and kind of such gangway and lights.

14. No person shall in any way obstruct or impede traffic on the wharf, nor make use of any provoking, abusive, obscene, or other improper language thereon.

15. (1.) The master, owner, or agent of every vessel shall give the wharfinger information as to the tonnage of his vessel, and shall give to the wharfinger or other person in charge a copy of the bill of lading, freight-list, or manifest of the cargo, or other proper account of the goods intended to be unshipped from the vessel on to the wharf, and also of all goods shipped from the wharf on to his vessel.
    (2.) Such bill of lading, freight-list, manifest, or other account shall contain full particulars of the weights and measurements of such goods according as freight is payable, and the master shall pay to the wharfinger or other person in charge all wharfage charges on such goods according to the scale hereinafter contained.

Goods Wharfage.

16. Every person who uses the wharf for landing or shipping any goods shall pay to the company wharf dues as follows, that is to say:—
    (1.) For all timber, 2s. per 1,000 superficial feet.
    (2.) For all ship’s ballast carted over or on the wharf, 1s. per ton.
    (3.) For all goods landed or shipped from the wharf, a rate of 2s. per ton weight, or measurement, at the option of the company.
    (4.) Boxes, jars, packages, or parcels not exceeding 6 cubic feet shall be charged 6d. each.

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