598
THE NEW ZEALAND GAZETTE
[No. 15

approve of the purpose and object for which the said license
is required by the licensees aforesaid; and, in further pur-
suance 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 which is particularly shown on the
plan marked M.D. 2043, so deposited as aforesaid, as a site
for fish-cleaning sheds and a tramway, which have been
erected in accordance with the said plan marked M.D. 2043,
which said license shall be held and enjoyed by the said
licensees 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 necessary for a site for such fish-cleaning sheds and
   tramway shown on the plan marked M.D. 2043, and deposited
   in the office of the Marine Department aforesaid.

3. In consideration of the concessions and privileges
   granted by this Order in Council, the licensees 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 ten shillings 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 to be 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 licensees shall not assign, charge, or part with any
   such right, power, or privilege without the previous written
   consent of the Minister first obtained.

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 sheds and tramway without
   payment.

6. Nothing herein contained shall authorise the licensees
   to do or cause to be done anything repugnant to or in-
   consistent with any law relating to the Customs, or any
   regulation of the Minister of Customs, or with any pro-
   visions of “The Harbours Act, 1908,” or any regulations
   made thereunder, and that are now or may hereafter be in
   force.

7. The licensees shall maintain the above-mentioned sheds
   and tramway in good order and repair, and shall at all times
   exhibit therefrom, and maintain at their 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.

8. The said rights, powers, and privileges may be at any
   time resumed by the Governor, and the licensees may be
   required to remove the sheds and tramway at their own cost,
   without payment of any compensation whatever, on giving
   to the licensees 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
   licensees in New Zealand.

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

10. The licensees shall be liable for any injury which may
    be sustained by any vessel or boat in passing the said sheds
    and tramway by contact therewith, and which may be oc-
    casioned by any default or neglect on their part.

11. In case the licensees 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 sheds and 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 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
    determined by the Governor in Council without any notice
    to the licensees or other proceeding whatsoever; and pub-
    lication 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 rights and privileges thereby
    conferred, have been revoked and determined; and upon
    such revocation the Minister may cause the said sheds and
    tramway to be removed, and may recover the cost incurred
    by any such removal from the licensees.

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

Licensing Joseph Fell to use and occupy a Part of the Fore-
shore at Kohukohu, Hokianga River.

PLUNKET, Governor.
ORDER IN COUNCIL.
At the Government Buildings, at Wellington, this seven-
teenth day of January, 1910.

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, Joseph
Fell, of Kohukohu (hereinafter called “the licensee”), was
by Order in Council dated the twenty-ninth day of April,
one thousand nine hundred and five, licensed to occupy a
part of the foreshore at Kohukohu, Hokianga River, as a site
for a slip and shed: And whereas the licensee has applied for
a license to occupy a further portion of the foreshore for the
purpose of extending the shed in accordance with plan
M.D. 3457, and deposited in the office of the Marine Depart-
ment, at Wellington: And whereas it is desirable to issue a
license to the licensee to use and occupy the portion of the
foreshore required for such extension as shown on the said
plan:

Now, therefore, His Excellency the Governor of the
Dominion of New Zealand, in pursuance and exercise of the
power and authority conferred upon him by “The Harbours
Act, 1908,” and acting 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 fore-
shore required for the extension of the shed as shown on plan
marked M.D. 3457, deposited as aforesaid, 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 Sea-
   men 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 necessary for the extension of the shed, as shown
   on plan marked M.D. 3457.

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 two pounds, payable on the 1st day of May in each
   year, a proportionate part of such annual rent to be paid
   from the date hereof to the said 1st day of May (1910).

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, and out of the said shed without payment.

5. The licensee shall maintain the above-mentioned shed
   and extension thereof 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.

6. Any person authorised by the Minister may, at all
   reasonable times, enter upon the said shed and extension 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 shed and extension, 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.

7. Nothing herein contained shall authorise the licensee
   to do or cause to be done anything repugnant to or incon-
   sistent with any law relating to the Customs, or any regula-
   tion 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 here-
   after be in force.

8. The rights, powers, and privileges conferred by or under
   this Order in Council shall continue to be in force for fourteen
   years from the 29th day of April, 1905, unless in the mean-
   time such rights, powers, and privileges shall be altered,