Feb. 23.] THE NEW ZEALAND GAZETTE. 715

for the purposes 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 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 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 those parts of the foreshore and land below low-water mark which are particularly shown and delineated on the plans so deposited as aforesaid and thereon coloured pink and edged in red, for the purpose of constructing or erecting thereon the breastwork and reclamation shown and delineated on sheet 2 of the said plans, 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 the erection and construction of such breastwork and reclamation which are shown on sheet 2 of the plans marked M.D. 3578, and deposited in the office of the Marine Department as aforesaid, and thereon coloured pink and edged in red.

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 six pounds ten shillings in advance, dating from the date hereof, the first of such annual payments to be made on the company being supplied with a copy of this Order in Council.

3. The facing of the reclamation shall be constructed in a substantial manner, and shall be of heart of totara. The braces shall pass the piles at each end at least six inches, and shall be notched on to the piles. A brace shall be placed at every second pile.

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 breastwork and reclamation without payment.

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

6. Any person authorized by the Minister may, at all reasonable times, enter upon the said breastwork and reclamation 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 breastwork or reclamation 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 authorize 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 breastwork and reclamation, and all rights of ingress or egress thereon and therefrom.

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 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, 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 breastwork or reclamation may cause any vessel or boat to sustain through any default or neglect on the company’s part.

12. In case the company 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 breastwork and reclamation 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.

14. The construction or erection of either of the works herein authorized shall be sufficient evidence of the acceptance by the company of the terms and conditions of this Order in Council.

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

Regulations respecting Issue of Auctioneers’ Licenses in Special Districts.

ISLINGTON, Governor.

I, John Poynder Dickson-Poynder, Baron Islington, the Governor of the Dominion of New Zealand, do hereby revoke the regulations made under the Auctioneers Act, 1891, on the fifth day of December, one thousand eight hundred and ninety-one, and in lieu thereof do hereby prescribe that the mode of applying for and issuing auctioneers’ licenses in special districts constituted under section nine of the said Act shall be that set forth in the following regulations.

REGULATIONS.

1. In these regulations the term “Licensing Officer” means the person appointed in pursuance of section 9 of the said Act to grant auctioneers’ licenses within a special district.

2. Every person desirous of obtaining an auctioneer’s license within a special district shall apply in writing to the Licensing Officer in the form set forth in the First Schedule hereto, and every such application shall be signed by the applicant in the presence of some competent witness, and shall be accompanied by the amount of the license fee payable.

3. If the Licensing Officer is satisfied, upon inquiry, that the applicant is a fit and proper person to hold an auctioneer’s license, that the required fee has been paid, and that the application generally is in order, he shall thereupon grant to the applicant a license in the form set forth in the Second Schedule hereto. Every license granted under this regulation shall, unless sooner forfeited or cancelled, remain in force until the 31st day of December next succeeding the issue thereof.

4. The Licensing Officer shall, immediately upon receipt of an application as aforesaid, indorse thereon in writing the actual date of receipt; and may, if he thinks fit, adjourn from time to time the consideration of that application, but so that the application shall be finally dealt with not later than two calendar months from the date of the receipt thereof.

5. The Licensing Officer, in addition to publicly notifying the issue of each license by him, in accordance with section 12 of the said Act, shall also forward to the Minister of Internal Affairs full particulars of each license granted or refused by him.

SCHEDULES.

FIRST SCHEDULE.

Application for Auctioneer’s License (Special District).

To the Licensing Officer of the Special District of

I [Name, address, and occupation], do hereby apply for an auctioneer’s license for the special district of

, and I do hereby declare that my place of business within the said special district is at

The name and address of the person who it is intended will conduct auction sales on my behalf is

of