1032

THE NEW ZEALAND GAZETTE.

[No. 24

the voting-paper used at the taking of the poll of the rate- payers of the said Tuakau Special-rating Area was in the form as set out in the Local Elections and Polls Act, 1908, instead of that shown as form number one in the Second Schedule of the Local Bodies' Loans Act, 1908 : And whereas it appears that the ratepayers of the said Tuakau Special-rating Area, in the Pukekohe East Road District, have not been misled by such irregularities, and it is expedient to validate the said proceedings:

Now, therefore, His Excellency the Governor of the Dominion of New Zealand, in pursuance and exercise of the power and authority conferred by section one hundred and twenty-one of the Local Bodies' Loans Act, 1908, as amended by section seven of the Local Bodies' Loans Amendment Act, 1910, and acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby validate the said proceedings, and doth hereby order and declare that the proceedings relative to the said loan shall not be called in question by reason only of the irregularities aforesaid.

J. F. ANDREWS,

Clerk of the Executive Council.

Vesting Management of County Wharf at Russell in Bay of Islands County Council, and prescribing Dues for the Use of the Wharf.

ISLINGTON, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this fifth day of March, 1912.

Present:

THE RIGHT HONOURABLE SIR J. G. WARD, BART., PRESIDING IN COUNCIL.

WHEREAS by section eleven of the Harbours Act, 1908 (hereinafter termed "the said Act"), it is enacted that the Governor in Council may vest the management of any wharf the property of His Majesty in any local governing body or person, upon such terms and conditions as the Governor in Council thinks fit:

And whereas it is enacted by section thirteen of the said Act that the Governor may from time to time by Order in Council prescribe the dues and rates which shall be taken by the Board, authority, or person in whom any such wharf is vested for the use of such wharf:

And whereas it is thought desirable to vest in the Bay of Islands County Council (hereinafter called "the Council") the management of the wharf at Russell, known as the County Wharf, in the County of Bay of Islands, on the terms and conditions hereinafter set forth, and to prescribe the dues and rates which shall be taken and charged by the Council for the use of the said wharf:

Now, therefore, His Excellency the Governor of the Dominion of New Zealand, acting by and with the advice and consent of the Executive Council of the said Dominion, and in pursuance and exercise of the power and authority vested in him by the said eleventh and thirteenth sections of the said Act, and of all other powers and authorities in anyway enabling him in that behalf, doth hereby vest the management of the wharf at Russell aforesaid, erected in accordance with plan marked M.D. 457, and deposited in the office of the Marine Department, at Wellington, in the Council, subject to the conditions set forth in the First Schedule hereto; and doth hereby prescribe that the dues and rates set forth in the Second Schedule hereto shall be taken and charged by the Council, on and after the publication of this Order in Council in the New Zealand Gazette, for the use of the said wharf.

FIRST SCHEDULE.

CONDITIONS OF MANAGEMENT.

1. In these conditions the term "Minister" means the Minister of Marine as defined by the Shipping and Sea- men Act, 1908, and includes any officer, person, or authority acting by or under the direction of such Minister.

2. All His Majesty's subjects shall at all reasonable times, and upon payment of the proper dues, have free and full liberty to use the above-mentioned wharf, and all rights of ingress and egress thereto and therefrom.

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

4. The Council shall maintain and keep the above-men- tioned wharf, and all erections on or in connection with the wharf, 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 new light shall be exhibited until after it has been approved by the Minister.

5. All dues and rates received on account of the said wharf by the Council shall be applied to keeping the said wharf, and all erections on or in connection with such wharf, in good order and repair.

6. Any person authorized by the Minister may at all reasonable times enter upon the said wharf, and any buildings erected on the wharf or in connection therewith, and view the state of repair thereof; and upon his leaving at or posting to the last known address of the Council a notice in writing of any defect or want of repair in such wharf or buildings, requiring the Council, within a reasonable time, to be therein prescribed, to make good or repair the same, the Council shall, with all convenient speed, cause such defect to be removed or such repairs to be made.

7. The Council shall not erect, or suffer to be erected, on the said wharf any building or structure whatever except with the consent of the Minister.

8. The Council shall keep a separate account of the receipts and expenditure on account of such wharf and premises, and shall cause such account to be balanced to the thirty-first day of March in every year, and shall send a copy of such account when balanced to the Minister, and shall supply any particulars in reference thereto as may be required by the Minister.

9. The Council shall appoint all officers necessary for the working and management of the wharf.

10. Nothing herein contained shall authorize the Council 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 thereunder, and that are now or may hereafter be in force.

11. The rights, powers, and privileges hereby conferred shall continue in force for fourteen years, computed from the date of this Order in Council, unless in the meantime altered, modified, or revoked by competent authority; and the Council shall not assign, charge, or part with any such right, power, or privilege without the previous written consent of the Minister first obtained.

12. The rights, powers, and privileges conferred under or by virtue of this Order in Council may be at any time resumed by the Governor on giving to the Council three calendar months' 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 Council. No compensation or allowance shall be payable in such case.

13. The Council shall be liable for any injury which may be caused at the said wharf to any vessel or boat through any default or neglect on the part of the Council.

14. In case the Council shall-

(1.) Commit or suffer a breach of the conditions hereinbefore set forth, or any of them; or

(2.) Cease to use or occupy the said wharf for a period of thirty consecutive days,-

then and in either of the said cases every right, power, or privilege hereby conferred may be revoked and determined by the Governor in Council without notice to the Council 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 Council, and to all persons concerned or interested, that this Order in Council, and the rights and privileges thereby conferred, have been revoked and determined.

SECOND SCHEDULE.

For vessels coming alongside wharf-

Steamers and sailing-vessels under 6 tons register Free. Steamers and sailing-vessels 6 tons and under 100 tons register, per day or part of a day, per ton register. 0 0½

Steamers and sailing-vessels of and over 100 tons register, for first 100 tons, per day or part of a day, per ton register ... 0 0½

Steamers and sailing-vessels of and over 100 tons register, for every ton after the first 100 tons, per day or part of a day . 0 0¼

For goods landed on or shipped from the wharf--

Parcels, each ... ... ... ... ... 0 3
Goods of and under ¼ ton ... ... ... 0 6
Goods from ¼ to ½ ton inclusive ... ... 0 9
Goods from ½ to 1 ton inclusive ... ... 1 0
Goods over 1 ton, at per ton ... ... 1 0
Manures ... ... ... ... Free.
Horses, each ... ... ... ... 1 0
Cattle, at per head ... ... ... 1 0
Pigs, sheep, or goats, at per head ... 0 1
All goods remaining on wharf or in goods-shed to be charged ls. per ton extra per week for every week or part of a week during which they so remain.

J. F. ANDREWS,

Clerk of the Executive Council.