Aug. 27.] THE NEW ZEALAND GAZETTE. [Feb. 7.]

Licensing the Dominion Canning Company (Limited) to use and occupy a Part of the Foreshore Of Kaipara River.

PLUNKET, Governor.

ORDER IN COUNCIL

At ths Government House, at Wellington, this twenty-fifth day of August, 1903.

Present:

WHEREAS, there being no Harbour Board empowered to grant the license hereinafter mentioned, the Dominion Canning Company (Limited), (hereinafter called "the company"), has applied to the Governor in Council for a license under "The Harbours Act, 1908" (hereinafter called "the said Act"), to oonpy a part of the foreshore and of land below low-water mark on the Kaipara River, Kaipara Harbour, in order to erect and main&in thereon a wharf; and, in accordance with the one-hundred-and. fiftieth section of "The Harbours Act, 1908," has deposited plans in the office of the Marine Department al Wellington (marked M.D. 3208).showing the plaoe in the said river where it is intended to erect such wharf and the area of foreshore and land below low-water mark 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 plans hare, 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 purposes aforesaid, should be granted and issued to the oompany on the terms and conditions hereinafter expressed :

Now, therefore, His Excellency the Governor of the Dominion of Now Zealand, in pursuance and exercise of the power and authority vented in him by the said Act, aud 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 Dominion, doth hereby approve of the purpose or object for which the said license is required by the company as aforesaid ; and, in further pursuance and exercise of the &id power end authority, and with the like advice and consent as aforesaid, doth hereby license and permit the oompany to use and oooupy that part of the foreshore and of land below low-water mark whoib am particularly shown on the plans so dspoaikd as aforesaid, for the purpose of constructing or erecting thereon a wharf; such license to be held and enjoyed by the oompany upon and subjeot to the following terms and oonditions, that is to say:—

1. In these oond Ilons the trrm "Minister " means the Minister of Marine, as defined by " The Shipping and Seamen Act, 1908," and includes any officer, person, or authority acting by or under the direction of suoh Minister.

2. The concessions and privileges conferred by this Order in Counoil shall extend and apply only to the part of the foreshore and land below low-water mark shown on the plans marked M.D. 3208.

3. In oonsideratlou of the concessions and privileges granted by this Order in Council, the oompany shall, on being supplied with a copy of this Order in Council, pay the sum of two pounds ten shillings for such Order in Council, and shall pay to the Minister an annual sum of one pound in advance, dating from the date hereof.

4. All persons shall, at all reasonable times, upon payment of the proper dues, have full and free liberty to use the said wharf, and all rights of ingress and egress thereon and therefrom.

5. His Majesty or the Governor, and all officers in the Government service acting in the execution of their duty. shall et ail times have free ingress, passage. and egress into, through, and out of the said wharf without payment.

6. The company shall maintain the above-mentioned wharf in good order and repair. and shall at all times exhibit theretrom, and maintain at its 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 ths said wharf and view the state of repair thereof; and upon auch Minister leaving at or posting co the last known registered office of the oompany in New Zealand a notice in writing of any defect or want of repair in such wharf, requiring it within a reasonable time, to be therein prescribed. to make good the same. it shall with all convenient speed cause such defect to be removed or such repairs to be made, as the oase may be.

8. Nothing herein oontainsd shall authorise the oompany to do or cause to be done anything repugnant to or inconsistent 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, 1908," or any regulations made thereunder, and that are now or may hereafter be in force.

9. The ballast of all vessels loading at the said wharf shall be taken away by the company aud deposited above highwater mark, or at snob place ag may be approved of by the Harbourmaster at Kaipara, by the Minister, or by any person appointed by the Minister for that purpose.

10. The rights, powers, and privileges oonferred by or under this Order in Council shall continue in forcs 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 oompany shall not assign, charge, or part with any such right, power, or privilege without the written consent of the Minister first obtained.

11. 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 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 registered office of the oompary in New Zealand.

1 % The company shall be liable for any injury which the said wharf may cause any vessel or boat to sustain through default or neglect on the-part of the oompany.

13. In case the company shall- --(1.) Commit or suffer a breach of the oonditions herein. before set forth, or any of them ;

(9.) Fail to pay the sums specified in clause three of these conditions ;

(3.) Cease to use or oooupy the said wharf for the purposes aforesaid for a period of thirty days;

(4.) Be in any manner wound up or dissolved,

then and in any of the said cases 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 notioe to the company or other proceeding whatsoever; and publication in the New Zealand Gazette of an Order in Council oontainiug such revocation shall be sufficient notioe to the oompany, and to all persons concerned or interested, that this Order in Council, and the license, rights, and privileges thereby granted and conferred, have bean revoked and determined.

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

Regulations under "The Local Bodies' Loans Act, 1901," and Amendment Acts.

PLUNKET. Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, thh nineteenth day of August, 1908.

Present :

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

N exercise of the powers in this behalf conferred upon I him by " The Local Bodies' Loans Act, 1901," and " The Local Bodies' Loans Act Amendment Act, 1906," His Excellency the Governor of the Dominion of New Zealand, acting g b and with the advice and consent of the Executive Council 07the said Dominion. doth hereby revoke the regulations for the purposes of the said Acts made on the twenty-fourth day of April, one thousand nine hundred and seven, and gazetted on the second day of May following, and in lieu thereof doth hereby make the regulations set forth in the Schedule hereto, viz. :-

SCHEDULE.

REGULATIONS.

1. (cr.) WHERE the whole of any area over which a special rate has been made as security for a loan in hereafter merged or included within the district of a local authority other than the local authority that made the rate, such last-mentioned authority shall, within three months after such merger or inclusion, give notice to the local authority in whose district such area has been merged or included, and also to the Minister of Finance, of all existing special loans in respect of which special rates have been made over such area.

(b.) Such notice shall be in the Form No. 1 in the Schedle.