Aug. 4.] THE NEW ZEALAND GAZETTE. 3119

Licensing Messrs. George Armstrong, George Phillips, and William Sunc kell (as Trustees) to occupy a Part of the Foreshore of German Bay, Akaroa Harbour, as a Site for a Wharf, and prescribing Dues for Use of same.

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ISLINGTON, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this first day of August, 1910.

Present:

His Excellency the Governor in Council.

WHEREAS, there being no Harbour Board empowered to grant the license hereinafter mentioned, George Armstrong, George Phillips, and William Sunc kell, as trustees for the contributors to the cost of erecting the wharf hereinafter mentioned (hereinafter called “the licensees”), have 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 at German Bay, Akaroa Harbour, in the County of Akaroa, in order to erect and maintain thereon a wharf; and, in accordance with the one-hundred-and-fiftieth section of the said Act, have deposited plans (in duplicate) in the office of the Marine Department, at Wellington (marked M.D. 3541), two sheets, showing the place where it is intended to erect such wharf, the area of foreshore and land below low-water mark to be occupied for such purpose, and the manner in which it is proposed to erect the wharf: 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 licensees on the terms and conditions set forth in the First Schedule hereto, and that the dues and rates set forth in the Second Schedule hereto should be prescribed to be taken for the use of the said wharf:

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 licensees 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 licensees to use and occupy that part of the foreshore and land below low-water mark which are particularly shown and delineated on the plans marked M.D. 3541 so deposited as aforesaid, for the purpose of constructing or erecting thereon a wharf, such license to be held and enjoyed by the licensees upon and subject to terms and conditions set forth in the First Schedule hereto, and doth hereby prescribe the dues and rates to be taken by the licensees, on and after the date of the publication of this Order in Council in the New Zealand Gazette, for the use of the said wharf, as set forth in the Second Schedule hereto.

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FIRST SCHEDULE.

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 erection of such wharf, which are shown on the plans marked M.D. 3541, and deposited in the office of the Marine Department as aforesaid.

3. In consideration of the concessions and privileges granted by this Order in Council, the licensees shall 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 licensees being supplied with a copy of this Order in Council.

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, over, and out of the said wharf without payment.

5. The licensees shall complete the erection of the said wharf, in accordance with the approved plans marked M.D. 3541, within eighteen calendar months from the date of this Order in Council.

6. The licensees shall maintain the above-mentioned wharf 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.

7. Any person authorized by the Minister may, at all reasonable times, enter upon the said wharf 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, a notice in writing of any defect or want of repair in such wharf, requiring them, within a reasonable time, to be therein prescribed, to make good the same, they shall with all convenient speed cause such defect to be removed or such repairs to be made, as the case may be.

8. Nothing herein contained shall authorize the licensees 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 thereafter be in force.

9. The rights, powers, and privileges conferred by or under this Order in Council shall continue 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 licensees shall not assign, charge, or part with any such right, power, or privilege without the written consent of the Minister first obtained.

10. 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 licensees 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 licensees or either of them.

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

12. In case the licensees or any of them shall—
    (1.) Commit or suffer a breach of the conditions hereinafter set forth, or any of them;
    (2.) Cease to use or occupy the said wharf for the purposes aforesaid;
    (3.) Fail to pay the sum specified in clause 3 of these conditions; or
    (4.) Become bankrupt, or be brought under the operation of any Act for the time being in force relating to bankruptcy,

then and in either of the said cases this Order in Council, and every license, right, power, or privilege thereby conferred, may be revoked and determined by the Governor in Council, without any notice to the licensees 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 licensees, 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. The erection of the said wharf shall be sufficient evidence of the acceptance by the licensees of the terms and conditions of this Order in Council.

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SECOND SCHEDULE.

WHARFAGE DUES.

On all goods and merchandise not otherwise specified, weight or measurement, per ton … … 1 8
Minimum charge … … 0 2
Cheese, fruit, and grass-seed, per ton … … 1 0
Minimum charge … … 0 2
Dressed timber, doors, mouldings (T. and G. or plain), per 100 ft. superficial … … 0 4
Firewood, per cord … … 1 0
Posts and rails, per hundred … … 1 6
Roofing-shingles, per thousand … … 0 4
Palings, per hundred … … 0 6
Timber (rough sawn), piles and squared logs, per 100 ft. superficial … … 0 2
Horses and cattle, each … … 2 6
Calves, one year old and over, each … … 1 2
Calves under one year old, sheep, lambs, goats, and pigs, per score (20) … … 3 4
Minimum charge, each … … 0 6
Carts and drays, each … … 2 6
Carriages, two-wheeled, each … … 2 6
Carriages, four-wheeled, each … … 5 0
Wool or sheep-skins, in bales, per bale … … 0 4
Coal, per ton … … 1 0
Sand and gravel, per cubic yard … … 0 8