2938
THE NEW ZEALAND GAZETTE.
[No. 77

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 ap-
prove of the purpose or object for which the said license is
required by the company as aforesaid; and, in further pur-
suance 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 of the land below low-water mark
immediately contiguous thereto which is particularly shown
and delineated on the plan so deposited as aforesaid, for the
purpose of using the aforesaid wharf in connection there-
with, such license to be held and enjoyed by the company
upon and subject to the terms and conditions set forth in
the First Schedule hereto; and doth hereby prescribe the
dues and rates set forth in the Second Schedule hereto to be
taken by the company for the use of the said wharf; and
doth also hereby declare that this Order in Council shall
come into force and take effect on the twenty-second day of
August, one thousand nine hundred and twelve, being the
date of the expiry of the term of the license last granted.

———

FIRST SCHEDULE.

1. THE concessions and privileges conferred by this Order
   in Council shall extend and apply only to the parts of the
   foreshore and of the land below low-water mark necessary
   for the erection of such wharf, as shown on the plan marked
   M.D. 2198, and deposited in the office of the Marine Depart-
   ment as aforesaid.

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

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 £2 10s., and thereafter an annual sum of £5 in
   advance, payable on the 1st day of August, dating from the
   1st day of August, 1912, the first of such annual payments
   to be made on the company 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 wharf without payment.

5. The company shall maintain the above-mentioned
   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 light shall be exhibited until after it has been
   approved of by the Minister.

6. Any person authorized by the Minister may at all
   reasonable times enter upon the said wharf and view the
   state of repairs 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 wharf,
   requiring the company, within a reasonable time, to be
   therein prescribed, to repair the same, it shall with all con-
   venient 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 in-
   consistent with any law relating to the Customs, or any
   regulation of the Minister of Customs, or with any pro-
   visions of the Harbours Act, 1908, or its amendments,
   or any regulation made thereunder, and that are now or
   may hereafter be in force.

8. The ballast of all vessels loading at the said wharf 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.

9. The rights, powers, and privileges conferred by or under
   this Order in Council shall continue in force for the term of
   fourteen years, computed from the 22nd day of August, 1912,
   unless such rights, powers, and privileges are sooner altered,
   modified, or revoked by competent authority; and the com-
   pany shall not assign, charge, or part with any such right,
   power, or privilege without the previous written consent of
   the Minister.

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 de-
    livered at or posted to the last known address of the com-
    pany.

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

12. In case the company—
    (1.) Commits or suffers a breach of the conditions herein-
    before set forth, or any of them;
    (2.) Ceases to use or occupy the said wharf; or
    (3.) Is wound up or dissolved,—
    then and in any such case 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 company or other proceeding whatsoever;
    and publication in the New Zealand Gazette of an Order in
    Council containing such revocation shall be sufficient notice
    of the fact to the company, and to all persons concerned or
    interested.

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.

———

SECOND SCHEDULE.

Shipping Wharfage.

EVERY person who shall use this wharf with any vessel
shall pay for the use thereof as follows, that is to say:—
For every vessel, a sum of 1d. per ton on the gross
tonage of such vessel per day for each day or part of
a day a vessel shall occupy a berth alongside any
vessel lying at the said wharf, or shall lie at the said
wharf undergoing repairs or fitting-out only, or shall
lie off the said wharf with a line attached thereto.

Goods Wharfage.

Every person who shall use this wharf for landing or ship-
ping any goods shall, before using the same, pay dues as
follows, that is to say :—
(1.) For all goods landed on this wharf, a rate of 2s. 6d.
per ton weight or measurement, at the option of the
company.
(2.) For every head of cattle or horses landed upon or
shipped from the said wharf, 2s. 6d. per head.
(3.) For every yearling or calf so landed upon or shipped
from the said wharf, the sum of 1s. per head.
(4.) For every head of sheep or small cattle so landed upon
or shipped from the said wharf, the sum of 6d. per
head.
(5.) If any ship shall use this wharf for the discharge of
any goods or cargo after the usual working-hours or
on wharf holidays, such ship shall pay to the com-
pany for the use of the said wharf a charge at the
rate of 1s. per ton on all goods or cargo so discharged
from such ship.

This charge will only be made when, in the
opinion of the wharfinger, it is necessary to employ
labour to stack or remove cargo in sheds in conse-
quence of the discharge of such goods or cargo as
aforesaid.

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

———

Additional Rules under the Judicature Act, 1908.

———

ISLINGTON, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this seventh day
of October, 1912.

Present:

His Excellency the Governor in Council.

IN pursuance and exercise of the powers and authorities
conferred by the fifty-first section of the Judicature
Act, 1908, His Excellency the Governor of the Dominion
of New Zealand, acting by and with the advice and con-
sent of the Executive Council thereof, and with the con-
currence of Their Honours the Judges of the Supreme
Court of the said Dominion, doth hereby make the rules
contained in the Schedule hereto; and doth declare that
the said rules set out in the said Schedule shall come into
force and take effect on the first day of November, one
thousand nine hundred and twelve.

———

SCHEDULE.

178J. WHERE in any civil or commercial matter pending
before a Court or tribunal of a foreign country outside of
His Majesty’s Dominions a letter of request from such
Court or tribunal for service on any person in New Zea-
land of any process or citation in such matter is trans-
mitted to the Court by His Majesty’s Secretary of State
for Foreign Affairs, or through any officer or represen-
tative of His Majesty’s Government in New Zealand,