July 1.] THE NEW ZEALAND GAZETTE. 1723

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 Do-
minion 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 thereon a tram-
way in accordance with said plan; 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, 1908,” 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 fore-
   shore necessary for the construction of the tramway as shown
   on plan M.D. 3350.

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 two pounds ten shillings, and thereafter an annual
   sum of one pound in advance, such annual payments to
   date from the date hereof.

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 tramway at his own cost, without
   payment of any compensation whatever, on giving to the
   licensee three 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 maintain the above-mentioned tram-
   way in good order and repair.

7. Any person authorised by the Minister may, at all
   reasonable times, enter upon the said tramway and view
   the state of repair thereof; and upon such Minister leaving at
   or posting to the last known address of the licensee a
   notice in writing of any defect or want of repair in such
   tramway, requiring him, within a reasonable time, to be
   therein prescribed, to repair the same, he shall with all
   convenient speed cause such defect to be removed or such
   repairs to be made.

8. The licensee shall be liable for any injury which may
   be sustained by any vessel or boat in passing the tramway,
   or by contact therewith, and which may be occasioned by
   any default or neglect on his part.

9. In case the licensee shall—
   (1.) Commit or suffer a breach of the conditions herein-
   before set forth, or any of them;
   (2.) Cease to use or occupy the said tramway 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 may be revoked and deter-
   mined 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 tramway to be removed, and
   may recover the cost incurred by any such removal from the
   licensee.

10. The construction of the tramway 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.

Licensing the Tokomaru Sheep-farmer’s Freezing Company
(Limited) to use and occupy a Part of the Foreshore of
Tokomaru Bay as a Site for Wharfage Accommodation.

—

PLUNKET, Governor.

By his Deputy,
JAMES PRENDERGAST.

ORDER IN COUNCIL.

At the Government House, at Wellington, this twenty-first
day of June, 1909.

Present:

His Excellency the Governor in Council.

WHEREAS, there being no Harbour Board empowered
to grant the license hereinafter mentioned, the
Tokomaru Sheep-farmer’s Freezing 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 occupy a part
of the foreshore and land below low-water mark of Tokomaru
Bay in order to erect and maintain thereon wharfage accom-
modation; and, in accordance with the one-hundred-and-
fiftieth section of the said Act, has deposited plans in the
office of the Marine Department at Wellington, marked M.D.
3355 (five sheets), showing the place in the said bay where it is
intended to construct such wharfage accommodation, 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 have, 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
company 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
company 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 company to use and occupy that part of the fore-
shore and land below low-water mark which is particularly shown
and delineated on the plans so deposited as aforesaid, for
the purpose of constructing or erecting thereon such wharfage
accommodation; such license to be held and enjoyed by the
company upon and subject to the following terms and con-
ditions, that is to say:—

1. In these conditions the term “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 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 of Tokomaru Bay
   shown on the said plan marked M.D. 3355 (sheet No. 1).

3. In consideration of the concessions and privileges
   granted by this Order in Council, the company shall, on being
   supplied with a copy thereof, pay to the Minister the sum of
   two pounds ten shillings, and thereafter an annual sum of
   five pounds in advance, such annual payments to date from
   the date hereof, the first of such annual payments to be
   made on the company 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 full and free liberty to use the said
   wharfage accommodation, 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, over, and out of the said wharfage accommodation
   without payment.

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

7. The said rights, powers, and privileges may be at any
   time resumed by the Governor, and the company may be
   required to remove the wharfage accommodation at its own
   cost, without payment of any compensation whatever, on
   giving to the company three months’ previous notice in