3042
THE NEW ZEALAND GAZETTE.
[No. 119

holidays, such ship shall pay to the company 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.

Goods Wharfage.

2. Every person who shall use the wharf for landing or
   shipping any goods shall, before using the same, pay to the
   company dues as follows, that is to say :—
   For all goods landed on this wharf, a rate of 2s. 6d. per
   ton, weight or measurement, at the option of the
   Wharfinger. Minimum charge, 6d.
   For every head of cattle or horses landed upon or shipped
   from the said wharf, 2s. 6d. per head.
   For every yearling or calf so landed upon or shipped from
   the said wharf, the sum of 1s. per head.
   For every head of sheep or small cattle so landed upon
   or shipped from the said wharf, the sum of 6d. per head.
   For all timber landed on the wharf, a charge of 6d. per
   100 ft. will be made.
   Wool, 6d. per bale.

3. The company shall appoint any Wharfinger or other
   officer necessary for the purposes of these regulations.

4. No person shall remove goods from the wharf without
   having previously paid the dues payable thereon.

5. If any goods remain for more than three hours on the
   wharf, or in or upon the approaches thereto, the Wharfinger
   may remove the same to such premises as he thinks fit, and
   keep the same until payment to the company of the expenses
   of such removal and of the keeping of the goods, and of any
   other charges due to the company thereupon, and in default
   of payment may, in the manner and in the time provided by
   section 63 of the Harbours Act, 1908, sell the same, and may
   exercise on behalf of the company all the powers contained
   in the said section 63.

6. No ballast, timber, coal, produce, or cargo of any de-
   scription shall be shipped or unshipped except at such time
   and places, and in such order and mode, as may be directed
   and deemed expedient by the Wharfinger for the proper
   working of the wharf.
   6A. The company shall keep a separate account of the
   receipts from and expenditure on the wharf, and shall, during
   the month of January in each year, forward to the Minister
   a statement thereof.

7. No person shall deposit any ballast, coal, coke, patent
   or other fuel on the wharf or in any shed without special
   permission from the Wharfinger.

8. No ashes, rubbish, or refuse shall be landed on the
   wharf until vehicles are brought alongside to receive them.

9. Three hours’ notice must be given to the Wharfinger of
   the intention to land any rubbish, ashes, or refuse.

10. No goods or articles of any description which, in the
    opinion of the Wharfinger, are likely to occasion damage to
    the wharf or any shed in connection therewith shall be dis-
    charged or landed on the wharf or placed in any such shed.

11. No person shall place or leave upon the wharf, or in
    any shed in connection therewith, any vegetable or animal
    matter or goods which are in a state of decay or putrefaction ;
    and any goods which are, in the opinion of the Wharfinger,
    unfit to remain on the wharf, or harmful to other goods stored
    on the wharf or in any such shed, may be removed from the
    wharf by the company, and the consignee or owner of such
    goods shall upon demand repay to the company the cost of
    such removal.

12. It shall not be lawful for any person to remove any
    goods from the wharf until all the wharfage entries are passed
    on the form prescribed by the company, and all dues paid in
    respect of such goods, and a receipt from the Wharfinger for
    all dues payable, or an authority to deliver such goods from
    the company, or any of them, shall have been obtained.

13. All explosives, kerosene, and all goods of a dangerous
    or inflammable character shall be removed by the owner,
    agent, or consignee immediately on being landed, and such
    owner, agent, or consignee failing to do so will be held re-
    sponsible for any damage or loss that may accrue from any
    accident arising therefrom, in addition to the penalty pro-
    vided for breach of these regulations, and the company shall
    not be responsible for any damage or loss which may accrue
    to such goods.

14. The company does not hold itself responsible for the
    safety of goods deposited in the wharf-shed, or upon any part
    of the wharf.

15. The master of any vessel loading or discharging at the
    wharf shall be deemed accountable for the proper slinging
    and landing of all goods, and responsible for any damage
    that may occur either from the breakage of slings or from the
    goods being improperly slung or improperly handled.

16. It shall be the duty of the master to cause proper
    tarpaulins to be stretched from the wharf to the vessels
    loading or discharging as aforesaid, and to be there main-
    tained while cargo or ballast is being handled or shipped.

17. In case any vessel does or causes any damage to the
    wharf or any part thereof, or to any machinery or building
    thereon or appertaining thereto, then and in any such case
    the master of such vessel shall forthwith report the occurrence
    to the Wharfinger.

18. Any damage done or caused as aforesaid may be re-
    paired by the company, and the cost thereof shall be re-
    coverable by the company from the master and owner of any
    vessel, or either of them, in any Court of competent juris-
    diction.

19. All goods landed on the wharf, or brought thereon for
    shipment, shall be placed as the Wharfinger or other autho-
    rized person directs, and so as to keep all mooring posts or
    rings free and all rails and tramways clear.

20. The Wharfinger shall have the power to close the wharf,
    or any portion thereof, whenever in his opinion it is advis-
    able to do so, and no person shall enter upon the wharf or
    portion so closed without the consent of the Wharfinger.

21. The master of every vessel lying at the wharf shall give
    way to any mail-steamer, whether discharging cargo or pas-
    sengers, and shall either vacate his berth or assist the master
    of the mail-steamer to moor alongside his vessel, and allow
    the passengers and cargo to be shipped and unshipped over
    and across the deck of his vessel, as the case may require,
    under such conditions as the Wharfinger may impose.

22. The master of every vessel, whether carrying passengers
    or not, when lying alongside the wharf shall fix, and at all
    times keep fixed, a safe and proper gangway from such vessel
    to the wharf ; such gangway shall have side-rails or stanchions
    with ropes rove taut through same, the top rail or rope being
    not less than 3 ft. high, and he shall also keep a gangway-net
    properly secured beneath the gangway, and shall at all times
    throughout the night (that is to say, from sunset to sunrise)
    show and exhibit a proper light fixed to each gangway, and
    shall conform to and obey all orders the Wharfinger may
    give regarding the position, size, and kind of such gangways
    and lights.

23. The master, owner, or agent of every vessel shall pro-
    duce the certificate of registry of his vessel if registered, and
    shall give to the Wharfinger or other person in charge a copy
    of the bill of lading, freight-list, or manifest of the cargo, or
    other proper account of all goods intended to be unshipped
    from the vessel on to the wharf, and also of all goods shipped
    from the wharf on to the vessel.

24. Such bill of lading, freight-list, manifest, or other
    account shall contain full particulars of the weights and
    measurements of such goods according as freight is payable,
    and the master shall pay to the Wharfinger or other person
    in charge all wharfage charges on such goods according to
    the scale herein contained.

25. If any person fails, or refuses, or neglects to do any-
    thing by these regulations required to be done, observed, or
    performed, or in any manner obstructs, impedes, or inter-
    feres with the doing of anything enjoined, required, or autho-
    rized to be done, or does anything prohibited by these regula-
    tions, he shall in each and every case so offending be liable
    to a fine not exceeding £5.

F. D. THOMSON,
Acting Clerk of the Executive Council.

York Street, in the Borough of Newmarket, exempted from the
Provisions of Section 117 of the Public Works Act, 1908.

LIVERPOOL, Governor-General.
ORDER IN COUNCIL.

At the Government House at Wellington, this twenty-ninth
day of September, 1919.

Present :

His Excellency the Governor-General in Council.

WHEREAS by subsection one of section one hundred
and seventeen of the Public Works Act, 1908, it is,
inter alia, provided that the said section shall not apply in
any case where the local authority having control of any road
or street by resolution declares that the provisions thereof
shall not apply to any specified road or street, or any speci-
fied part thereof, and such resolution is approved by the
Governor-General in Council :
And whereas by subsection two of section one hundred and
seventeen of the Public Works Act, 1908, it is provided that
such approval may be either absolute or subject to such
conditions with respect to the building-line as the Governor-
General, by Order in Council, thinks fit to impose :
And whereas the Newmarket Borough Council, being the
local authority having control of the street described in the
Schedule hereto, has passed the following resolution—viz.,
“That the Newmarket Borough Council declares that the
provisions of section one hundred and seventeen of the Public