MAR. 24.] THE NEW ZEALAND GAZETTE. 901

said year, is incorrectly described: And whereas com-
pensation in respect of the taking of the said land has
not been paid or awarded:

Now, therefore, in pursuance and in exercise of the
powers vested in him by "The Public Works Amendment
Act, 1909," and of all other powers enabling him in this
behalf, His Excellency the Governor of the Dominion of
New Zealand, acting by and with the advice and consent
of the Executive Council of the said Dominion, doth
hereby revoke the said Order in Council.

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

Licensing the Kauri Timber Company (Limited) to use and
occupy a Part of the Foreshore and Land below Low-
water Mark on the Waihou River, Thames County, as a
Site for Timber-booms.

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

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

WHEREAS, there being no Harbour Board em-
powered to grant the license hereinafter men-
tioned, the Kauri Timber Company (Limited), of Auckland
(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 on
the Waihou River, in the Thames County, in order to
construct and maintain thereon timber-booms; and, in
accordance with the one-hundred-and-fiftieth section of the
said Act, has deposited a plan in the office of the Marine
Department, at Wellington (marked M.D. 3490), showing
the place where it is intended to construct such timber-
booms, the area of foreshore and land below low-water
mark intended to be occupied for such purpose, and the
manner in which it is proposed to carry out the work:
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 purposes 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 foreshore and land below low-water mark which is
particularly shown and delineated on the plan so deposited
as aforesaid, for the purpose of constructing thereon
timber-booms in accordance with the said plan, such
license to be held and enjoyed by the company 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 necessary for
   the construction of the timber-booms, as shown on plan
   M.D. 3490.

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 one pound, in advance, such annual payments to
   date from the date hereof, the first of such annual pay-
   ments to be made on the company being supplied with a
   copy of this Order in Council.

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 company shall not assign, charge, or part with any such
   right, power, or privilege without the previous written con-
   sent 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 timber-booms, without
   payment.

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

7. The company shall maintain the above-mentioned
   timber-booms in good order and repair; and shall at all
   times exhibit therefrom, and maintain at its own cost, any
   lights that may be required by the Minister: Provided
   that no light shall be exhibited until after it has been
   approved of by the Minister.

8. Any person authorised by the Minister may, at all
   reasonable times, enter upon the said timber-booms, and
   view the state of repair thereof; and upon such Minister
   leaving at or posting to the last known address of the com-
   pany a notice in writing of any defect or want of repair in
   such timber-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.

9. The company shall be liable for any injury which may
   be sustained by any vessel or boat in passing the timber-
   booms, or by contact therewith, and which may be occa-
   sioned by any default or neglect on the company's part.

10. In case the company shall—
    (1.) Commit or suffer a breach of the conditions here-
    inbefore set forth, or any of them;
    (2.) Cease to use or occupy the said timber-booms for a
    period of thirty days;
    (3.) Fail to pay the sums specified in clause three of
    these conditions; or
    (4.) Be in any manner wound up or dissolved;
    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 company 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 company, 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
    timber-booms to be removed, and may recover the costs
    incurred by any such removal from the company.

11. The construction of the timber-booms shall be deemed
    to be an acceptance by the company of the conditions of
    this Order in Council.

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

Licensing Halliwell Bros. to use and occupy a Part of
the Foreshore of Hokianga River as a Site for a Boat-
shed.

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

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

WHEREAS, there being no Harbour Board em-
powered to grant the license hereinafter men-
tioned under "The Harbours Act, 1908" (hereinafter
called "the said Act"), George Edwin Halliwell, Fred
Halliwell, and Herbert Halliwell, trading under the style
or title of "Halliwell Bros.," of Hokianga (hereinafter
called "the licensees"), have applied to the Governor in
Council for a license under the said Act to occupy a part
of the foreshore at The Narrows, Hokianga River, in the
Provincial District of Auckland, in order to construct a
boat-shed thereon; and, in accordance with the one-
hundred-and-fiftieth section of the said Act, have de-
posited plans in the office of the Marine Department, at
Wellington, marked M.D. 3485 (two sheets), in duplicate,
showing the area of foreshore intended to be occupied, and
the manner in which it is proposed to construct the said