Nov. 17.] THE NEW ZEALAND GAZETTE. 3991

or any 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 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
    licensees or any 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 hereinbefore set forth, or any of them;
    (2.) Cease to use or occupy the said wharf for the
    purposes aforesaid; or
    (3.) Fail to pay the sum specified in clause 3 of these
    conditions,
    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.

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

Licensing James Johnston to use and occupy a Part of
the Foreshore, Otago Harbour, as a Site for a Boat-shed and Slip.

ISLINGTON, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this seventh
day of November, 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
under the Harbours Act, 1908 (hereinafter called “the
said Act”), James Johnston (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 at
Portobello, Otago Harbour, in order to construct a boat-shed and slip thereon; and, in accordance with the one-hundred-and-fiftieth section of the said Act, has deposited
plans in the office of the Marine Department, at Wellington, marked M.D. 3592 (two sheets), showing the area of
foreshore intended to be occupied, and the manner in
which it is proposed to construct the said boat-shed and
slip: 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: And whereas it is expedient
that a license should be granted and issued to the licensee
under the said Act for the purpose aforesaid, 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 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 on which the boat-shed and slip are to be constructed, as shown on the plans so deposited as aforesaid,
for the purpose of constructing and maintaining the said
boat-shed and slip thereon, such license to be held and
enjoyed by the licensee upon and subject to the terms and
conditions set forth in the Schedule hereto.

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 necessary for the construction of the
   boat-shed and slip at Portobello, as shown on sheet 2 of
   the plans marked M.D. 3592.

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 ten shillings 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. 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 boat-shed and slip
   without payment.

5. The licensee shall maintain the above-mentioned boat-shed and slip in good order and repair.

6. Any person authorized by the Minister may at all
   reasonable times enter upon the said boat-shed and slip
   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 boat-shed or slip, 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 authorize 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.

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 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.

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 boat-shed or slip 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 boat-shed and
    slip 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;
    (4.) Fail to pay the sums specified in clause 3 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 pub-