Feb. 17.] THE NEW ZEALAND GAZETTE. 599

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.

9. 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.

10. The licensee shall be liable for any injury which the said shed and extension may cause any vessel or boat to sustain through any default or neglect on his part.

11. 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 shed and extension for a period of thirty days;
    (3.) Become bankrupt, or be in any manner brought under the operation of any Act for the time being in force relating to bankruptcy; or,
    (4.) Fail to pay the sums specified in clause three of these conditions,
    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 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or interested, that this Order in Council, and the license, rights, and privileges thereby granted and conferred, have been revoked and determined.

12. The erection of the said extension to the shed shall be sufficient evidence of the acceptance by the licensee of the terms and conditions of this Order in Council.

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

Licensing the Mitchelson Timber Company (Limited) to use and occupy a Part of the Foreshore of Kaipara Harbour as a Site for Timber-booms.

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this seventeenth day of January, 1910.

Present:

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

WHEREAS by Order in Council dated the fourth day of June, one thousand eight hundred and ninety-five, and published in the New Zealand Gazette No. 41, of the sixth day of the same month, Messrs. Richard and John Mitchelson were licensed to occupy a part of the foreshore and land below low-water mark at Aoroa, Kaipara Harbour, for the purpose of erecting and maintaining thereon timber-booms, in accordance with plan marked M.D. 1979, and deposited in the office of the Marine Department, at Wellington, for a period of fourteen years from the fourth day of June, one thousand eight hundred and ninety-five:

And whereas the said license has been transferred to the Mitchelson Timber Company (Limited), (hereinafter called “the company”): And whereas the company have made application for a fresh license under “The Harbours Act, 1908” (hereinafter called “the said Act”), for a term ending the fourth day of December, one thousand nine hundred and eleven, and it is expedient to grant the same for the term and subject to the 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 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, as from the fourth day of June, one thousand nine hundred and nine, 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 timber-booms in connection therewith, such license to be held and enjoyed by the company 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 those parts of the foreshore and land below low-water mark necessary for such booms, as shown on the plan marked M.D. 1979, and deposited in the office of the Marine Department as aforesaid.

2. 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 one pound in advance, dating from the fourth day of June, one thousand nine hundred and nine, the first of such annual payments to be made on the company being supplied with a copy of this Order in Council.

3. 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 booms without payment.

4. Should it at any time be made to appear to the Minister that the means of providing proper passage for vessels and boats are insufficient, he may, by notice in writing left at or posted to the last known address in New Zealand of the company, require the company to provide such means as may be specified in the notice, and they shall thereupon, with all convenient speed, cause such means to be provided.

5. The company shall maintain the above-mentioned booms in good order and repair.

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

7. Nothing herein contained shall authorise the company 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.

8. All His Majesty’s subjects shall, at all reasonable times, upon payment of the proper dues, have free and full liberty to use the booms and all rights of ingress and egress thereon and therefrom.

9. The rights, powers, and privileges conferred by or under this Order in Council shall continue in force until the fourth day of December, one thousand nine hundred and eleven, 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.

10. The said rights, powers, and privileges may be at any time resumed by the Governor, and the company may be required to remove the said booms at its own cost, without payment of any compensation whatever, on giving to the company 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 company.

11. The company shall be liable for any injury which the said booms may cause any vessel or boat to sustain through any default or neglect on its part.

12. In case the company 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 booms for a period of three calendar months;
    (3.) Be in any manner wound up or dissolved;
    (4.) Fail to pay the sums specified in clause two of these conditions,
    then and in either of the said cases this Order in Council, and every license, right, power, or privilege, may be revoked and determined by the Governor in Council, without any notice to the company 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 company, and to all persons concerned or interested, that this Order in Council, and the license, rights, and privileges thereby granted and conferred, have been revoked and determined.

13. 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.

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