Oct. 21.] THE NEW ZEALAND GAZETTE. 2619

in lieu thereof that the dues and rates to be charged and taken for receiving and storing the said general merchandise and for shipping skins and hides shall be three shillings per ton, weight or measurement.

J. F. ANDREWS,
Clerk of the Executive Council

Exempting Grove Road, Devonport, from the Provisions of Section 117 of “The Public Works Act, 1908,” subject to certain Conditions as to the Building-line.

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this twelfth day of October, 1909.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS by subsection one of section one hundred and seventeen of “The Public Works Act, 1908,” it is, inter alia, provided that the said section shall not apply in any case where the local authority having control of a road or street by resolution declares that the provisions thereof shall not apply to any specified road or street, or any specified part thereof, and such resolution is approved by the Governor in Council:

And whereas by subsection two of section one hundred and seventeen of “The Public Works Act, 1908,” it is provided that such approval may be either absolute or subject to such conditions as the Governor by Order in Council thinks fit to impose:

And whereas on the twenty-second day of September, one thousand nine hundred and eight, the Council of the Borough of Devonport, the local authority having control of the street known as Grove Road, being the street described in the Schedule hereto, did by resolution declare that the provisions of the said section one hundred and seventeen should not apply to the said street:

And whereas it is deemed expedient that such resolution should be approved, subject to the condition hereinafter mentioned:

Now, therefore, His Excellency the Governor of the Dominion of New Zealand, in pursuance and in exercise of the powers conferred by the above-in-part-recited Act, and acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby approve of the said resolution, subject to the condition that no building or part of a building shall at any time be erected on either side of the said street within a distance of thirty-three feet from the centre-line of the said street.

SCHEDULE.

ALL that street known as Grove Road, in the Borough of Devonport, Auckland Land District, abutting on Subsections 4, 11, 21, 20, 19, 18, and 17, and part of Subsection 16, all of Section 2 of the said borough; as the said street is more particularly delineated on the plan marked P.W.D. 25301, deposited in the office of the Minister of Public Works, at Wellington, in the Wellington Provincial District, and thereon coloured red, and lettered X–Y.

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

Licensing John Anton Subritzky to use and occupy a Part of the Foreshore of Awanui River.

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this twelfth day of October, 1909.

Present:

HIS EXCELLENCY THE GOVERNOR 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”), John Anton Subritzky, of Auckland (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 at Awanui River, in the Provincial District of Auckland, as shown on plan marked M.D. 3407, and deposited in the office of the Marine Department, at Wellington, in order to maintain thereon a wharf and shed erected in accordance with the said plan M.D. 3407: 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 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 of the land below low-water mark immediately contiguous thereto which is particularly shown and delineated on the plan so deposited as aforesaid, for the purpose of using the aforesaid wharf and 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, 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 occupied by the said wharf and shed, as shown on plan marked M.D. 3407.

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, dating 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. All persons shall at all reasonable times, upon payment of the proper dues, have free and full liberty to use the said wharf and shed, 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 shed without payment.

6. The licensee shall maintain the above-mentioned wharf and shed in good order and repair; and shall at all times exhibit therefrom, and maintain at his 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 the said wharf and shed and view the state of repair thereof; and upon such Minister leaving at, or posting to the last known address of the licensee in New Zealand, a notice in writing of any defect or want of repair in such wharf or shed, 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. Nothing herein contained shall authorise the licensee 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 ballast of all vessels loading at the said wharf shall be taken away by the licensee and deposited above high-water mark, or at such place as may be approved of by the Minister, or by any person appointed by the Minister for that purpose.

10. The rights, powers, and privileges conferred by this Order in Council shall continue to be 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 licensee shall not assign, charge, or part with any such right, power, or privilege without the previous 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 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.