MAR. 4.] THE NEW ZEALAND GAZETTE 657

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 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. 3308 so deposited as aforesaid, for the purpose of constructing or erecting thereon a wharf, 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 wharf, which are shown on the plan marked M.D. 3308, 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 pay to the Minister an annual sum of one shilling, payable on demand.

4. 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, over, and out of the said wharf without payment.

5. The licensees shall complete the erection of the said wharf in accordance with the approved plan marked M.D. 3308, within twelve calendar months from the date of this Order in Council.

6. The licensees shall maintain the above-mentioned wharf in good order and repair.

7. Any person authorised by the Minister may, at all reasonable times, enter upon the said wharf 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 wharf, requiring them, within a reasonable time, to be therein prescribed, to make good the same, they shall with all convenient speed cause such defect to be removed or such repairs to be made, as the case may be.

8. Nothing herein contained shall authorise the licensees to do or cause to be done anything repugnant to or inconsistent with any law relating to the Customs, or any regulation of the Minister of Customs, or with any provisions of "The Harbours Act, 1908," or its amendments, or any regulations made thereunder, and that are now or may hereafter be in force.

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

10. 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 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.

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

12. 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 wharf for the purposes aforesaid;

(3.) Fail to pay the sum specified in clause 3 of these conditions; or

(4.) Become bankrupt, or be brought under the operation of any Act for the time being relating to bankruptcy,

then and in either 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 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 license, rights, and privileges thereby granted and conferred, have been revoked and determined.

13. The erection of the said wharf shall be sufficient evidence of the acceptance by the licensees of the terms and conditions of this Order in Council.

ALEX. WILLIS, Clerk of the Executive Council.

Licensing Andrew Miller to use and occupy a Part of the Foreshore at Croixelles as a Site for a Wharf and Tramway.

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this twenty-fourth day of February, 1909.

Present :

THE RIGHT HONOURABLE SIR J. G. WARD, K.C.M.G., PRESIDING IN COUNCIL.

WHEREAS, there being no Harbour Board empowered to grant the license hereinafter mentioned, under "The Harbours Act, 1908" (hereinafter called "the said Act"), Andrew Miller, of Nelson, sawmiller (hereinafter called "the licensee"), has applied to the Governor in Council for a license under the said Act to occupy a part of the foreshore and land below low-water mark in Croixelles Harbour, in order to construct a wharf and tramway thereon; and, in accordance with the one-hundred-and-fiftieth section of the said Act, has deposited a plan in the office of the Marine Department at Wellington (marked M.D. 3314), in duplicate, showing the area of foreshore and land below low-water mark intended to be occupied, and the manner in which it is proposed to erect the wharf and tramway: And whereas the Governor in Council has approved of the purpose for which the said foreshore is to be occupied: And whereas it is expedient that a license should be granted and issued to the licensee under the said Act for the purpose aforesaid, on the terms and conditions hereinafter expressed:

Now, therefore, His Excellency the Governor of the Dominion 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 Dominion, doth hereby approve of the purpose or object for which the said license is required by the licensee 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 licensee to use and occupy that part of the foreshore and land below low-water mark on which the wharf and tramway are to be constructed, as shown on the plan so deposited as aforesaid, for the purpose of constructing and maintaining the said wharf and tramway thereon, such license to be held and enjoyed by the licensee upon and subject to the terms and conditions set forth in the Schedule hereto.

SCHEDULE.

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 wharf and tramway, as shown on plan marked M.D. 3314.

3. In consideration of the concessions and privileges granted by this Order in Council, the licensee shall, on being supplied with a copy thereof, pay to the Minister the sum of £2 10s., and thereafter an annual sum of £1, payable on the 1st day of February, dating from the 1st day of February, 1909, the first of such annual payments to be made on the licensee being supplied with a copy of this Order in Council.

4. All persons shall at all reasonable times, upon payment of the proper dues, have free and full 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 at all times have free ingress, passage, and egress into, through, and out of the said wharf and tramway without payment.

6. The licensee shall maintain the above-mentioned wharf and tramway in good order and repair, and shall at all times exhibit therefrom and maintain at his own cost suitable