Oct. 7.] THE NEW ZEALAND GAZETTE. 3435

those parts of the foreshore and land below low-water mark immediately contiguous thereto which are particularly shown and delineated on the plans so deposited as aforesaid, for the purpose of using the aforesaid wharf in connection therewith, 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 that the dues and rates set forth in the Second Schedule hereto shall, as from the twenty-third day of September, one thousand nine hundred and fifteen, be charged and taken by the company for the use of the said wharf.

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FIRST 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 only to the part of the foreshore and land below low-water mark necessary for the maintenance of the said wharf, as shown on the plans marked M.D. 2460 and M.D. 4195.

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 £4, payable on the 1st day of September, dating from the 1st day of September, 1915, 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 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 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.

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 company, or either of them, in New Zealand 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 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 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, by the Harbourmaster at Kaipara, 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 five years from the 23rd day of September, 1915, 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 registered office of the company.

12. 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.

13. In case the company shall—
    (1.) Commit or suffer a breach of the conditions hereinbefore set forth, or any of them;
    (2.) Cease to use or occupy the said wharf for a period of thirty days;
    (3.) Be in any manner wound up or dissolved; or
    (4.) Fail to pay the sums specified in clause 3 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 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.

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SECOND SCHEDULE.

SHIPPING WHARFAGE.

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 the vessel shall occupy a berth alongside the wharf or alongside of any other vessel using the wharf, or shall lie off the wharf with a line attached thereto.

GOODS WHARFAGE.

s. d.
Grain or flour, per ton .. .. .. .. 2 0
Posts and rails, per 100 .. .. .. .. 2 6
Firewood, per ton .. .. .. .. 2 0
Stone and shingle ballast, per ton .. .. 0 6
All other ballast according to arrangement.
All timber, superficial, per 100 ft. .. .. 0 6
Single bag or parcel (not passengers’ luggage) .. 0 3
Horses or great cattle, each .. .. .. 0 6
Sheep or pigs, each, and small cattle .. .. 0 3
Bricks, per 1,000 .. .. .. .. 2 6
Coal, per ton .. .. .. .. 1 6
Wool, per bale .. .. .. .. 0 6
Flax and tow, per bale .. .. .. .. 1 0
Hides, each .. .. .. .. 0 3
Sheep-skins, each .. .. .. .. 0 1
All other goods, either weight or measurement at the option of the wharfinger, per ton .. .. 2 0

Half dues to be charged on all goods transhipped into lighters.

All returned empties free.

Such passengers’ luggage or ships’ stores as are carried in hand, not exceeding 2 cwt., shall be exempt from wharfage charges.

STORAGE.

Per ton, for first twenty-four hours, free (any quantity over half a ton and under a ton will be charged as 1 ton), per day or part of a day, 1s.; quarter-ton or under, per day, 6d. If services of wharfinger required before 8 a.m. or after 5 p.m., per hour or part of an hour, 1s.

If any ship shall use the wharf for the discharge of any goods or cargo after the usual working-hours or on wharf holidays, the master, owner, or agent of such ship shall pay to the company for the use of the wharf, in addition to the charge hereinbefore provided, a further charge at the rate of 1s. per ton on all goods or cargo so discharged from such ship. This charge shall only be made when, in the opinion of the wharfinger, it is necessary to employ labour to stack or remove cargo in consequence of the discharge of such goods or cargo aforesaid.

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

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Licensing William Norris Masefield to use and occupy a Part of the Foreshore and Land below Low-water Mark at Clova Bay, Pelorus Sound, as a Site for a Wharf.

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LIVERPOOL, Governor.
ORDER IN COUNCIL.

At the Government House at Wellington, this fourth day of October, 1915.

Present:

His Excellency the Governor in Council.

WHEREAS by Order in Council dated the seventh day of June, one thousand nine hundred, and published in the New Zealand Gazette No. 51, of the fourteenth day of the same month, William Taylor Masefield, of Manaroa, Pelorus Sound, was licensed to use and occupy a part of the foreshore and land below low-water mark at Clova Bay, Pelorus Sound, as shown on plan marked M.D. 2351, and deposited in the office of the Marine Department at Wellington, in order to erect thereon a wharf, as shown on the plan