2118

THE NEW ZEALAND GAZETTE.

[No. 55

the meantime such rights, powers, and privileges shall be
altered, modified, or revoked by competent authority; and
the licensees shall not assign, charge, or part with any such
right, power, or privilege without the previous written con-
sent of the Minister first obtained.

5. The said rights, powers, and privileges may be at any
   time resumed by the Governor, and the licensees may be
   required to remove the fish-shed at their own cost, without
   payment of any compensation whatever, on giving to the
   licensees 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
   licensees in New Zealand.

6. The licensees shall maintain the above-mentioned fish-
   shed in good order and repair, and shall at all times exhibit
   therefrom, and maintain at their 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 fish-shed and view the
   state of repair thereof; and upon such Minister leaving
   at or posting to the last known address of the licensees a
   notice in writing of any defect or want of repair in such
   fish-shed, requiring the licensees within a reasonable time,
   to be therein prescribed, to repair the same, they shall with
   all convenient speed cause such defect to be removed or
   such repairs to be made.

8. The licensees shall be liable for any injury which may
   be sustained by any vessel or boat in passing the shed or
   by contact with it, and which may be occasioned by any
   default or neglect on their part.

9. In case the licensees shall—
   (1.) Commit or suffer a breach of the conditions herein-
   before set forth, or any of them;
   (2.) Cease to use or occupy the said shed for a period of
   thirty days;
   (3.) Fail to pay the sums specified in clause 3 of these
   conditions; or
   (4.) Become bankrupt, or be in any manner brought
   under the operation of any law in force for the
   time being relating to bankruptcy,—
   then and in any of the said cases this Order in Council, and
   every right, power, or privilege, may be revoked and deter-
   mined by the Governor in Council without any notice to the
   licensees 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 licensees, and
   to all persons concerned or interested, that this Order in
   Council, and the rights and privileges thereby conferred,
   have been revoked and determined; and upon such revoca-
   tion the Minister may cause the said fish-shed, and all other
   erectiops or buildings thereto belonging, to be removed, and
   may recover the cost incurred by any such removal from the
   licensees.

10. The erection of the fish-shed shall be deemed to be an
    acceptance by the licensees of the conditions of this Order in
    Council.

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

Licensing T. Hartley and Son to use and occupy a Part of the
Foreshore and Land below Low-water Mark in the Mangamuka
River, Hokianga Harbour, as a Site for Timber-booms.

LIVERPOOL, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this first day of
July, 1913.

Present:

His Excellency the Governor in Council.

WHEREAS, there being no Harbour Board empowered
to grant the license hereinafter mentioned, Thomas
Hartley and Thomas Francis Hartley, trading under the style
or title of Thomas Hartley and Son (hereinafter called “ the
licensees”), have applied to the Governor in Council for a
license under the Harbours Act, 1908 (hereinafter called
“ the said Act”), to occupy a part of the foreshore and land
below low-water mark in the Mangamuka River, Hokianga
Harbour, in order to construct and maintain thereon timber-
booms; and, in accordance with the one-hundred-and-
fiftieth section of the said Act, have deposited a plan in the
office of the Marine Department, at Wellington (marked
M.D. 4090), showing the place where it is intended to con-
struct such timber-booms, the area of foreshore and land
below low-water mark intended to be occupied for such
purpose, and the manner in which it is proposed to carry out
the work;

And whereas it has been made to appear to the Governor
in Council that the proposed work will not be or tend to the

injury or 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 under the said Act, for the purpose aforesaid, should
be granted and issued to the licensees on the terms and
conditions hereinafter expressed:

Now, therefore, His Excellency the Governor of the Do-
minion 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 Execu-
tive Council of the said Dominion, doth hereby approve of
the purpose or object for which the said license is required
by the licensees as aforesaid; and, in further pursuance and
exercise of the said power and authority, and by and with
the like advice and consent as aforesaid, doth hereby license
and permit the licensees to use and occupy that part of the
foreshore and land below low-water mark which is particu-
larly shown and delineated on the plan so deposited as afore-
said, for the purpose of constructing thereon timber-booms
in accordance with the said plan, such license to be held and
enjoyed by the licensees upon and subject to the terms and
conditions set forth in the Schedule hereto.

SCHEDULE.

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 to the part of the fore-
   shore and land below low-water mark necessary for the con-
   struction of the timber-booms, as shown on plan M.D. 4090.

3. In consideration of the concessions and privileges
   granted by this Order in Council the licensees 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,
   such annual payments to date from the date hereof, the first
   of such payments to be made on the company being supplied
   with a copy of this Order in Council.

4. The rights, powers, and privileges conferred by 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 licensee shall not assign,
   charge, or part with any such right, power, or privilege
   without the previous written consent of the Minister first
   obtained.

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 timber-booms without
   payment.

6. The said rights, powers, and privileges may be at any
   time resumed by the Governor, and the licensees may be
   required to remove the timber-booms at their own cost,
   without payment of any compensation whatever, on giving
   to the licensees three months’ previous notice in writing.
   Any notice shall be sufficient if given by the Minister, and
   delivered at or posted to the last known address of the
   licensees in New Zealand.

7. The licensees shall maintain the above-mentioned
   timber-booms in good order and repair, and shall at all times
   exhibit therefrom, and maintain at their own cost, any lights
   that may be required by the Minister; provided that no
   light shall be exhibited until after it has been approved of
   by the Minister.

8. Any person authorized by the Minister may, at all
   reasonable times, enter upon the said timber-booms and view
   the state of repair thereof; and upon such Minister leaving
   at or posting to the last known address of the licensees a
   notice in writing of any defect or want of repair in such
   timber-booms requiring them within a reasonable time, to
   be therein prescribed, to repair the same, they shall with
   all convenient speed cause such defect to be removed or such
   repairs to be made.

9. The licensees shall be liable for any injury which may
   be sustained by any vessel or boat in passing the timber-
   booms or by contact therewith, and which may be occasioned
   by any default or neglect on the part of the licensees.

10. In case the licensees shall—
    (1.) Commit or suffer a breach of the conditions herein-
    before set forth, or any of them;
    (2.) Cease to use or occupy the said timber-booms for a
    period of thirty days;
    (3.) Fail to pay the sums specified in clause 3 of these
    conditions; or
    (4.) Become bankrupt or be brought under the operation
    of any law for the time being in force relating to
    bankruptcy,—