2352

Board for an estate in fee-simple in possession, subject
nevertheless to all valid encumbrances, liens, and interests
affecting the same, to be held and administered by the said
Board for the benefit of the Maori owners in accordance
with the provisions of the said Acts.

SCHEDULE.
All that piece or parcel of land, containing 240 acres, more
or less, and known as Paengaroa North A No. 1, Section 3,
situate in the Maketu Survey District, in the Land District
of Auckland.

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

Licensing the Akaroa Borough Council to use and occupy
Foreshore of Akaroa Harbour for constructing Baths.

PLUNKET, Governor.
ORDER IN COUNCIL.
At the Government Buildings, at Wellington, this sixth
day of September, 1909.
Present:
THE HONOURABLE JAMES CARROLL 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"), the Akaroa Borough Council (hereinafter called "the
Council") has applied to the Governor in Council for a
license under the said Act to occupy a part of the foreshore,
and the land below low-water mark immediately contiguous
to such foreshore, in order to erect and maintain thereon
baths in Akaroa Harbour; and, in accordance with the
one-hundred-and-fiftieth section of the said Act, has de-
posited plans in the office of the Marine Department, at
Wellington, marked M.D. 3400 (three sheets), showing the
place in the said harbour where it is intended to erect such
baths, and the manner in which it is proposed to erect the
the same, and the area of foreshore or 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 without modification or addition:
And whereas it is expedient that a license under the said
Act, for the purpose aforesaid, should be granted and issued
to the Council 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 license and permit the Council
to use and occupy those parts of the foreshore and the land
below low-water mark immediately contiguous thereto which
are particularly shown and delineated on sheet one of the
plans so deposited as aforesaid, for the purpose of con-
structing or erecting thereon baths in accordance with sheets
two and three of the said plans, such license to be held and
enjoyed by the Council upon and subject to the following
terms and conditions, that is to say,--

1. The concessions and privileges conferred by this Order
   in Council shall extend and apply only to the parts of the fore-
   shore and of the land below low-water mark required for the
   construction of the baths as shown and delineated on sheet
   one of the said plans as aforesaid.
2. The foreshore and tidal land included in this license
   shall be used solely for bathing purposes.
3. In consideration of the concessions and privileges
   conferred by this Order in Council, the Council shall, on
   being supplied with a copy thereof, pay to the Minister an
   annual rental of one shilling payable on demand.
4. The Council shall, during the subsistence of this Order
   in Council, provide and maintain proper and sufficient baths,
   with all necessary appliances and conveniences thereto, as
   will enable the public to use and enjoy the same, and all
   other advantages hereby conferred in respect of the use and
   occupation of the foreshore and land below low-water mark,
   and with or without any charge for the same, and under
   such regulations for the decent and orderly use thereof as
   the Council may make; provided that no such charge as
   aforesaid shall be made until after the same has been
   approved by the Minister.
5. A printed copy of the regulations affecting the use of the
   said baths, and advantages as aforesaid, shall be put up by
   the said Council in such baths.
6. The rights, powers, and privileges conferred by this
   Order in Council shall continue in force for fourteen years,

[No. 76

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 Council 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, without payment of any
compensation whatever, on giving to the Council 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
Council.
8. In case the Council shall--
(1.) Commit or suffer a breach of the conditions herein-
before set forth, or any of them ; or
(2.) Cease to provide or maintain the said baths for the
use of the public for bathing purposes,
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
Council 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 Council, and
to all persons concerned or interested, that this Order in
Council, and the rights and privileges thereby conferred, have
been revoked and determined.
9. 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.
10. The construction of the baths shall be sufficient evidence
of the acceptance by the Council of the terms and conditions
of this Order in Council.

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

Validating the Voting-paper used at a Poll taken by the
Elliot Road Board in respect of a Loan of £1,000 for
Forming, Metalling, and Kerbing on the Elliot Road.

PLUNKET, Governor.
ORDER IN COUNCIL.
At the Government Buildings, at Wellington, this sixth
day of September, 1909.
Present:
THE HONOURABLE JAMES CARROLL PRESIDING IN COUNCIL.
WHEREAS the Elliot Road Board lately proposed to
raise a special loan of one thousand pounds for
forming, metalling, and kerbing on the Elliot Road: And
whereas the voting-paper used at the poll of ratepayers
taken in respect of the said loan was not in the form set
forth in the Second Schedule to "The Local Bodies' Loans
Act, 1908," as required by paragraph (c) of section eleven of
the said Act:
And whereas it appears that the ratepayers have not been
misled by such irregularity or defect, and it is expedient to
validate such irregularity:
Now, therefore, His Excellency the Governor of the
Dominion of New Zealand, in pursuance and exercise of
the power conferred by section one hundred and twenty-one
of "The Local Bodies' Loans Act, 1908," and acting by and
with the advice and consent of the Executive Council of the
said Dominion, doth hereby validate the voting-paper so
used as aforesaid, and doth hereby declare that the pro-
ceedings with reference to the said loan shall be and shall
be deemed to have been as good, valid, and effectual as
though the said voting-paper had been in the prescribed
form.

J. F. ANDREWS,
Clerk of the Executive Council

Notice of Intention to exchange a Reserve in the Town of
Rangataua, Wellington Land District, for other Lands.

PLUNKET, Governor.
WHEREAS by "The Public Reserves and Domains
Act, 1908," it is, amongst other things, enacted that
the Governor may declare his intention to change, ex-
change, or alter the dedication of any public reserve now
or hereafter vested in His Majesty or the Governor for any
of the purposes named in Class II of the Second Schedule to
the said Act, whether the same be granted or not; and in
the case of any reserve made under the authority of section
three hundred and twenty-one of "The Land Act, 1908," if
it shall, in the opinion of the Governor, be expedient to
change the purpose of such reserve or any part thereof from
the purpose or presumed purpose for which it was set apart