20
THE NEW ZEALAND GAZETTE.
[No. 3

to erect and maintain thereon a fish-curing shed in Otago Harbour; 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. 3274), in duplicate, showing such shed and the place in the said harbour where it is intended to erect it, 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 licensee 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 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 which is particularly shown and delineated on the plan so deposited as aforesaid, for the purpose of constructing or erecting thereon a fish-curing shed; such license to be held and enjoyed by the licensee 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. 3274.

3. In consideration of the concessions and privileges granted by this Order in Council, the licensee shall, on being supplied with a copy of this Order in Council, pay to the Minister the sum of two pounds ten shillings, and thereafter an annual sum of two pounds, such annual payments to date from the date hereof, the first of such annual payments to be made on the licensee 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 licensee 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 licensee may be required to remove the fish-curing shed at his own cost, without payment of any compensation whatever, on giving to the licensee 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 licensee in New Zealand.

6. The licensee shall be liable for any injury which may be sustained by any vessel or boat in passing the fish-curing shed, or by contact with it, and which may be occasioned by any default or neglect on the licensee’s part.

7. In case the licensee 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 fish-curing shed 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 hereby conferred, may be revoked and determined by the Governor in Council without any notice to the licensee 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 licensee, 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 fish-curing shed, and all other erections or buildings thereto belonging, to be removed, and may recover the cost incurred by any such removal from the licensee.

8. The erection of the fish-curing shed shall be deemed to be an acceptance by the licensee of the conditions of this Order in Council.

ALEX. WILLIS,
Clerk of the Executive Council.

Validating Special Order constituting Lansdowne Water-supply District, Masterton County.

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this eighth day of January, 1909.

Present:

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

WHEREAS the Masterton County Council did, at a duly convened special meeting held on the 8th day of June, 1905, pass a resolution by way of special order constituting the Lansdowne Water-supply District: And whereas in the said special order “The Water-supply Act, 1892,” was cited as one of the Acts upon which, in pursuance and exercise of the powers conferred by it, the Council was then acting: And whereas the Act intended to have been cited was “The Water-supply Act, 1891”: And whereas it appears that the persons interested have not been either prejudiced or misled by reason of such irregularity, and it is expedient to validate the same:

Now, therefore, His Excellency the Governor of the Dominion of New Zealand, in pursuance and exercise of the powers and authorities conferred by “The Counties Act, 1908,” “The Water-supply Act, 1908,” and of all other powers enabling him in this behalf, and acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby order and declare that the special order mentioned shall be and be deemed to have been as good, valid, and effectual as though “The Water-supply Act, 1891,” had been cited therein in place of “The Water-supply Act, 1892,” and in no case shall any proceedings relative to or following on the said special order be called in question by reason only of the irregularity aforesaid.

J. HISLOP,
Acting Clerk of the Executive Council.

Validating Special Order constituting Opaki Water-supply District, Masterton County.

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this eighth day of January, 1909.

Present:

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

WHEREAS the Masterton County Council did, at a duly convened special meeting held on the 8th day of June, 1905, pass a resolution by way of special order constituting the Opaki Water-supply District: And whereas in the said special order “The Water-supply Act, 1892,” was cited as one of the Acts upon which, in pursuance and exercise of the powers conferred by it, the Council was then acting: And whereas the Act intended to have been cited was “The Water-supply Act, 1891”: And whereas it appears that the persons interested have not been either prejudiced or misled by reason of such irregularity, and it is expedient to validate the same:

Now, therefore, His Excellency the Governor of the Dominion of New Zealand, in pursuance and exercise of the powers conferred by “The Counties Act, 1908,” “The Water-supply Act, 1908,” and of all other powers enabling him in this behalf, and acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby order and declare that the special order mentioned shall be and be deemed to have been as good, valid, and effectual as though “The Water-supply Act, 1891,” had been cited therein in place of “The Water-supply Act, 1892,” and in no case shall any proceedings relative to or following on the said special order be called in question by reason only of the irregularity aforesaid.

J. HISLOP,
Acting Clerk of the Executive Council.