20
THE NEW ZEALAND GAZETTE.
[No. 1

suance and exercise of the said power and authority, and
with the like advice and consent as aforesaid, doth hereby
license and permit the company to use and occupy that part
of the foreshore and of the land below low-water mark im-
mediately contiguous thereto which is particularly shown
and delineated on the plans so deposited as aforesaid, for the
purpose of using the aforesaid wharf and sheds in connection
therewith, such license to be held and enjoyed by the com-
pany upon and subject to the terms and conditions set forth
in the First Schedule hereto; and doth hereby prescribe the
dues and rates set forth in the Second Schedule hereto to be
taken by the company for the use of the said wharf, and
doth also hereby declare that this Order in Council shall
come into force and take effect on the nineteenth day of
January, one thousand nine hundred and eight, being the
date of the expiry of the term of the first-mentioned license.

FIRST SCHEDULE.

1. THE concessions and privileges conferred by this Order
   in Council shall extend and apply only to the parts of the
   foreshore and of the land below low-water mark necessary
   for the erection of such wharf and sheds, as shown on the
   plan marked M.D. 1650, and deposited in the office of the
   Marine Department as aforesaid.

2. All His Majesty's subjects shall at all reasonable times,
   upon payment of the proper dues, have free and full liberty
   to use the wharf, and all rights of ingress and egress thereon
   and therefrom.

3. 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 wharf without payment.

4. The company shall maintain the above-mentioned wharf
   in good order and repair; and shall at all times exhibit
   therefrom, and maintain at its own cost, suitable and neces-
   sary lights for the guidance of vessels: Provided that no
   light shall be exhibited until after it has been approved of
   by the Minister.

5. Any person authorised by the Minister may at all
   reasonable times enter upon the said wharf and sheds and
   view the state of repairs thereof; and upon such Minister
   leaving at or posting to the last known address of the com-
   pany a notice in writing of any defect or want of repair in
   such wharf or sheds, requiring the company within a reason-
   able time; to be therein prescribed, to repair the same, it
   shall, with all convenient speed, cause such defect to be
   removed or such repairs to be made.

6. Nothing herein contained shall authorise the company
   to do or cause to be done anything repugnant to or incon-
   sistent with any law relating to the Customs, or any regula-
   tion 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.

7. The rights, powers, and privileges conferred by or under
   this Order in Council shall continue in force for the term of
   two years, computed from the 19th day of January, 1908,
   unless such rights, powers, and privileges are sooner altered,
   modified, or revoked by competent authority; and the com-
   pany shall not assign, charge, or part with any such right,
   power, or privilege without the previous written consent of
   the Minister.

8. 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 de-
   livered at or posted to the last known address of the com-
   pany.

9. 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 the part of the company.

10. In case the company—
    (1.) Commits or suffers a breach of the conditions here-
    inbefore set forth, or any of them;
    (2.) Ceases to use or occupy the said wharf or shed; or
    (3.) Is wound up or dissolved,
    then and in any such case 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 company or other proceedings whatsoever;
    and publication in the New Zealand Gazette of an Order in
    Council containing such revocation shall be sufficient notice
    of the fact to the company, and to all persons concerned or
    interested.

11. In these conditions the term “Minister” means the
    Minister having charge of the Marine Department, and in-
    cludes any officer, person, or authority acting by or under
    the direction of such Minister.

SECOND SCHEDULE.

All goods, merchandise, and luggage, weight or mea-
surement, as the freight thereon is charged, except
when otherwise expressly provided for, per ton .. 5 0
Barley, per ton (12 sacks) .. .. .. 5 0
Bricks and slates (not including labour), per 1,000 .. 6 3
Bran, per ton (15 sacks) .. .. .. 5 0
Butter, per keg .. .. .. 0 3
Bones and bonedust, per ton .. .. .. 5 0
Beer, per ton, which consists of 3 hogsheads of 54 gallons,
5 barrels of 28 to 36 gallons, 8 kilderkins of 18 gallons,
or 10 kegs of 10 gallons .. .. .. 5 0
Chaff, per ton (30 sacks) .. .. .. 5 0
Coal, per ton .. .. .. 5 0
Cement, per ton (5 barrels) .. .. .. 5 0
Carts, each .. .. .. 5 0
Flax, per ton .. .. .. 5 0
Flour, per ton (10 sacks) .. .. .. 5 0
Fungus, per sack .. .. .. 0 3
Fungus, per bale (under 4 cwt.) .. .. .. 1 0
Grass-seed, per ton (20 sacks) .. .. .. 5 0
Grain, not otherwise specified, per ton (10 sacks) .. 5 0
Hides, each .. .. .. 0 3
Hides, per sack .. .. .. 1 0
Hay, per ton .. .. .. 5 0
Iron, sheet and rod, per ton .. .. .. 5 0
Lime, per ton (10 sacks) .. .. .. 5 0
Oats, per ton (14 sacks) .. .. .. 5 0
Potatoes, per ton (12 sacks) .. .. .. 5 0
Poultry, each .. .. .. 0 1
Pollard, per ton (15 sacks) .. .. .. 5 0
Ploughs, single, each .. .. .. 2 6
Ploughs, double, each .. .. .. 3 9
Parcels, minimum charge, each .. .. .. 1 0
Passengers' luggage, that can be carried by hand .. Free.
Passengers' luggage, that cannot be carried by hand,
per ton .. .. .. 5 0
Sheep-skins, per bundle of not more than 20 .. 0 9
Timber, per 100 ft. superficial .. .. .. 1 0
Tallow, per ton (3 casks) .. .. .. 5 0
Tanks, each .. .. .. 5 0
Wool, per bale, not exceeding 4 cwt. .. .. .. 1 0
Wool, per sack .. .. .. 0 3
Empty cases, casks, and kegs .. .. Half rates.

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

Revoking Order in Council licensing Archibald Clark and
Sons (Limited) to use and occupy a Part of Foreshore at
Whangaroa.

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government House, at Auckland, this twenty-
sixth day of December, 1907.

Present:

His Excellency the Governor in Council.

WHEREAS by an Order in Council dated the twenty-
eighth day of October, one thousand eight hundred
and ninety-nine, and published in the New Zealand Gazette
No. 92, of the tenth day of November in the same year, His
Excellency the Governor in Council did, inter alia, in pur-
suance of the provisions of “The Harbours Act Amendment
Act, 1883,” license Archibald Clark and Sons (Limited), of
Auckland, to use and occupy a part of the foreshore at
Whangaroa for the purpose of constructing and maintain-
ing thereon a sample-room in the position shown as
number 9 on, and in accordance with, plan marked M.D.
2294, and deposited in the office of the Marine Department
at Wellington, and upon and subject to the terms and con-
ditions therein set forth :

And whereas the said Archibald Clark and Sons (Limited)
desire that the said license should be revoked :

Now, therefore, His Excellency the Governor of the
Dominion of New Zealand, acting by and with the advice
and consent of the Executive Council of the said Dominion,
and in exercise of all the powers enabling him in that
behalf, doth hereby revoke and determine the said recited
Order in Council of the twenty-eighth day of October, one
thousand eight hundred and ninety-nine, so far as it relates
to the said Archibald Clark and Sons (Limited), but not
further or otherwise.

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