SEPT. 20.] THE NEW ZEALAND GAZETTE. 3629

of the said power and authority, and with the like advice
and consent as aforesaid, doth hereby license and permit the
licensee to use and occupy that part of the foreshore which
is particularly shown and delineated on the plan so deposited
as aforesaid, for the purpose of extracting gold from the iron-
sand thereon, such license to be held and enjoyed by the
licensee 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 only to the foreshore which
   is inside the red line drawn on the said plan marked M.D.

4. The rights, powers, and privileges conferred by this
   Order in Council shall continue in force for a period of two
   years from the 18th day of August, 1917, unless in the mean-
   time 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. 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 £2 10s.
   per annum, payable on the 18th day of August, dating from
   the 18th day of August, 1917.

6. The licensee shall not commit or suffer to be committed
   any unnecessary waste or damage in or upon the said foreshore
   and premises, or any part thereof, in carrying on the said
   works, or in exercise of the powers or privileges hereby granted.

7. The licensee shall, at the expiration or sooner determination
   of the said term, deliver unto the Minister, or to any
   person appointed in that behalf, the said foreshore or premises
   in as good a state and condition as the nature of the case will
   admit of, and as shall be consistent with the due performance
   of the several covenants and conditions herein contained.

8. The licensee also will, if required by the Minister, within
   six months after the expiration or sooner determination of the
   said term, at the expense of the said licensee, fill up, level, or
   substantially cover in or fence all pits, shafts, or other open
   places or works as shall have been made or used by the licensee
   under or by virtue of these presents.

9. The licensee also will, within the time last aforesaid and
   at the like expense, whenever so required by the Minister,
   clear such portions of the foreshore as have been broken up,
   taken, covered, or used by the licensee under or by virtue of
   these presents, as he or they shall by the Minister be required
   to clear, and will restore the surface of the said foreshore to
   its original state, or as near thereto as reasonably may be or
   be required as aforesaid.

10. The licensee also will keep in good and substantial repair
    all fences and erections made or erected under or by virtue
    of the covenants and conditions herein contained or implied,
    or any of them.

11. If before the expiration of the term hereby granted the
    licensee shall find it unprofitable to work the ironsand for the
    extraction of gold upon the said foreshore, and shall be desirous of surrendering these presents, then, upon payment of
    the rents and royalties hereby reserved up to the end of the
    then current year of the said term, and upon the observance of
    the several covenants, conditions, and agreements herein
    contained or implied, it shall be lawful for the licensee to surrender the license hereby granted, and the term and interest
    of the licensee in the foreshore and premises hereby demised
    or intended so to be; and upon acceptance of such surrender
    such term and interest shall absolutely cease and determine.

12. If and whenever the rent hereinbefore reserved, or any
    part thereof respectively, shall be in arrear or unpaid for the
    space of three calendar months, whether the same shall have
    been legally demanded or not, or if and whenever there shall
    be a breach or non-observance of any of the covenants, conditions, or agreements by or on the part of the licensee herein
    contained or implied, the Minister, or any person appointed
    on his behalf, may re-enter upon the said demised premises
    or any part thereof, in the name of the whole, and thereupon
    the said term of years hereby granted shall absolutely cease
    and determine, anything hereinbefore contained to the contrary notwithstanding, without prejudice, nevertheless, to
    the recovery of any rent or royalty then due or payable, or
    to any right of distress that may have arisen under these
    presents prior to such re-entry, or to the liability of the
    licensee to perform and observe, or to the right of the Minister
    to enforce, the performance and observance of every or any
    covenant, condition, or stipulation herein contained or implied and which ought to be performed or observed by the
    licensee.

tion 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 rights, powers, and privileges conferred by or under
   this Order in Council shall continue to be in force for fourteen
   years from the 24th day of August, 1917, unless in the
   meantime such rights, powers, or 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 written consent of the
   Minister first obtained.

10. The said rights, powers, and privileges may be at any
    time resumed by the Governor-General, 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.

11. 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.

12. In case the licensee 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 wharf for a period
    of thirty days;
    (3.) Become bankrupt, or be in any manner brought under
    the operation of any Act for the time being in force
    relating to bankruptcy; 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-General 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.

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

Licensing George Russell Fellows to occupy Foreshore outside Manukau Harbour.

LIVERPOOL, Governor-General.
ORDER IN COUNCIL.
At the Government House at Wellington, this seventeenth
day of September, 1917.
Present:

His Excellency the Governor-General in Council.
WHEREAS by Order in Council dated the eighteenth day
of August, one thousand nine hundred and thirteen,
and published in the New Zealand Gazette No. 64, of the twenty-
first day of the same month, George Russell Fellows, of Onehunga (hereinafter called “the licensee”), was licensed to
occupy a part of the foreshore outside Manukau Harbour,
as shown on plan marked M.D. 4081, and deposited in the
office of the Marine Department at Wellington, for the purpose of extracting gold from the ironsand thereon, for a
period of two years from the date of and subject to the conditions prescribed in the said Order in Council:

And whereas by Order in Council dated the sixth day of
December, one thousand nine hundred and fifteen, and published in the New Zealand Gazette No. 141, of the ninth day of
the same month, the licensee was authorized to occupy that
part of the foreshore which is particularly shown and delineated on the plan so deposited as aforesaid, for the purpose of
extracting gold from the ironsand thereon, for a further period
of two years from the eighteenth day of August, one thousand
nine hundred and fifteen:

And whereas, the said license having expired, the licensee
has made application for a fresh license under the Harbours
Act, 1908 (hereinafter called “the said Act”), for a term of
two years, computed from the date of expiry of the license
hereinbefore mentioned, and it is advisable to grant the
same for the period and subject to the terms and conditions
hereinafter mentioned:

Now, therefore, His Excellency the Governor-General of
the Dominion 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 Executive Council of the said Dominion, doth hereby approve of the
purpose or object for which the said license is required by the
licensee as aforesaid; and, in further pursuance and exercise