APRIL 27.]

THE NEW ZEALAND GAZETTE.

the Marine Department, at Wellington (marked M.D. 3635), showing the area of foreshore and land below low-water mark intended to be occupied, and the manner in which it proposed to erect the wharves: And whereas it has been made to appear to the Governor in Council that the proposed works 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 should be granted and issued to the company 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 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 adjacent thereto, on which the wharves are to be erected, as shown on the plan so deposited as aforesaid, for the purpose of erecting and maintaining the said wharves thereon, 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 adjacent thereto, necessary for the construction of the wharves, as shown on plan marked M.D. 3635.

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 ten shillings, payable 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.

4. All persons shall at all reasonable times, upon payment of the proper dues, have free and full liberty to use the said wharves, and all rights of ingress and egress thereon and therefrom.

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

6. The company shall maintain the above-mentioned wharves in good order and repair; and shall at all times exhibit therefrom and maintain at its 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 wharves and view the state of repair thereof; and upon such Minister leaving at or posting to the last known address of the company in New Zealand a notice in writing of any defect or want of repair in such wharves or either of them, 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.

8. 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.

9. The ballast of all vessels loading at the said wharves shall be taken away by the company and deposited above high-water mark, or at such place as may be approved of by the Minister, or by any person appointed by the Minister for that purpose.

10. 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 company shall not assign, charge, or part with any such right, power, or privilege without the previous written consent of the Minister first obtained.

11. 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 in New Zealand.

12. The company shall be liable for any injury which the said wharves or either of them may cause any vessel or boat to sustain through any default or neglect on the company’s part.

13. In case the company shall
    (1.) Commit or suffer a breach of the conditions hereinbefore set forth, or any of them; or
    (2.) Fail to erect and complete the wharves within twelve months from the date of this Order in Council; or
    (3.) Cease to use or occupy the said wharves or either of them for a period of thirty days; or
    (4.) Be in any manner wound up or dissolved; or
    (5.) 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 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.

14. The erection of the wharves or either of them 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.

Altering the Boundaries of Stratford and Eltham Counties.

ISLINGTON, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this twenty-fourth day of April, 1911.

Present:

THE HONOURABLE JAMES CARROLL PRESIDING IN COUNCIL.

WHEREAS in exercise of the powers conferred by section sixteen of the Counties Act, 1908 (hereinafter termed “the said Act”), the Stratford County Council and the Eltham County Council respectively did, by an instrument bearing date the eleventh day of June, one thousand nine hundred and ten, formally agree that the boundaries of the said counties should be altered to the extent set forth in the said instrument and also in the Schedule hereto : And whereas it is expedient that such alteration of boundaries be approved by the Governor in Council, and that such altered boundaries be defined in terms of the said Act :

Now, therefore, His Excellency the Governor of the Dominion of New Zealand, in exercise of the power and authority conferred by the said Act, and acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby order and declare that, on and after the publication of these presents in the New Zealand Gazette, the boundaries of the Counties of Stratford and Eltham respectively shall be those set forth under their respective headings in the Schedule hereto.

SCHEDULE.

STRATFORD COUNTY.

All that area in the Taranaki Land District bounded towards the north generally by Taranaki County from the summit of Mount Egmont to the Waitotara River; thence by Clifton and Whangamomona Counties as described in the New Zealand Gazette No. 26, of the 31st March, 1911, to Mount Humphries; thence towards the north-east by the western watershed of the Wanganui River to a point in line with the southern boundary-line of Block VIII, Ngare Survey District; thence towards the south generally by a right line running due west to Koane Road; thence by the said Koane Road to Section No. 17, Block XII, Omona Survey District; thence by that section to Moeawatea Road; thence by Moeawatea Road to a point in line with the northern boundary-line of Section No. 3, Block VIII, Omona Survey District; thence across the Moeawatea Road and by the northern boundary-lines of

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