May 4.] THE NEW ZEALAND GAZETTE. 1455

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 wharf, as shown on plans marked M.D. 3636 (sheet 2).

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 two pounds, payable 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. All persons shall at all reasonable times, upon payment of the proper dues, have free and full liberty to use the said wharf, 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, and out of the said wharf without payment.

6. The licensee shall maintain the above-mentioned wharf in good order and repair; and shall at all times exhibit therefrom and maintain at his 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 licensee a notice in writing of any defect or want of repair in such wharf, 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.

8. 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.

9. The ballast of all vessels loading at the said wharf shall be taken away by the licensee and deposited above high-water mark, or at such place as may be approved of by the Minister, by the Harbourmaster at Collingwood, 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 licensee 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 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.

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

13. In case the licensee 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 wharf within eighteen months from the date of this Order in Council; or
    (3.) Cease to use or occupy the said wharf for a period of thirty days; or
    (4.) Become bankrupt, or be in any manner brought under the operation of any law for the time being in force relating to bankruptcy; or
    (5.) Fail to pay the sums specified in clause three of these conditions,
    then and in either 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 publication in the New Zealand Gazette of an Order in Council containing such revocation shall be sufficient notice to the licensee, 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 wharf shall be sufficient evidence of the acceptance by the licensee of the terms and conditions of this Order in Council.

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

Validating the Public Notification of the Special Order in connection with a Loan of £900 (for Subdivision No. 1) applied for by the Otatau River Board.

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 the Otatau River Board lately proposed to raise a loan of nine hundred pounds, under the Local Bodies’ Loans Act, 1908, for channelling, embankments, widening, straightening, deepening, removing obstructions, and raising flood protective works, building bridges, making approaches and roads on the Otatau River from the south-west corner of Section 1, Block 9, North Otatau, at the point where the river protective works end, as set out in the application from the Otatau River District, Subdivision No. 2, for a similar loan, and continuing to the northern boundary of Section 13, Aparima Estate, at the intersection of the Otatau River with the main Otatau-Clifden Road, where that river is spanned by the bridge known as Walker’s Bridge; also for the purchase of any land needed in prosecuting the work, and to pay the engineer for services in surveying, preparing plans and specifications, and the costs incidental to raising the loan, and the first year’s interest: And whereas the public notifications of the special order making the special rate to provide interest and other charges on the said loan was published in the Otatau Standard newspaper for four weeks, but was not published once during each of the four weeks immediately preceding the meeting at which the resolution was to be proposed, as required by section sixty of the River Boards Act, 1908: And whereas it appears that the ratepayers have not been misled by such irregularity, and it is expedient to validate the said notification:

Now, therefore, His Excellency the Governor of the Dominion of New Zealand, in pursuance and exercise of the powers conferred by section one hundred and twenty-one of the Local Bodies’ Loans Act, 1908, and acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby declare that such public notification of the said special order shall be deemed and taken to be as valid as though the said notification had been properly published, and that the proceedings relative to the said loan shall not be called in question by reason of the irregularity aforesaid.

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

Validating the Public Notification of the Special Order in connection with a Loan of £900 (for Subdivision No. 2) applied for by the Otatau River Board.

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 the Otatau River Board lately proposed to raise a loan of nine hundred pounds, under the Local Bodies’ Loans Act, 1908, for channelling, embankments, widening, deepening, straightening, removing obstructions, and raising the flood protective works on the Otatau River from its junction with the Aparima River to the western boundary of Section 1, Block 9, North Otatau; also for the purchase of any lands needed for prosecuting the work and to pay the cost of engineer’s services in surveying and preparing plans and specifications, the costs incidental to raising the loan, and the first year’s interest: And whereas the public notification of the special order making the special rate to provide interest and other charges on the said loan was published in the Otatau Standard newspaper for four weeks, but was not published once during each of the four weeks immediately preceding the meeting at which the resolution was to be proposed, as required by section sixty of the River Boards Act, 1908: And whereas it appears