704
THE NEW ZEALAND GAZETTE.
[No. 27

half, 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 of the said power and authority, and by 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 plans so deposited as aforesaid, for the purpose aforesaid, such license to be held and enjoyed by the licensee upon and subject to the terms and conditions set forth in the Schedule hereto.

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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 that part of the foreshore as shown on plans M.D. 5280.

3. 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., and thereafter an annual sum of £1, in advance, such annual payments to date from the date hereof, the first of such annual payments to be made on the licensee 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-General, 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 site without payment.

6. 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 in New Zealand.

7. In case the licensee 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 site for a period of thirty days;
   (3.) Fail to pay the sums specified in clause 3 of these conditions; or
   (4.) Become bankrupt, or to be brought under the operation of any law for the time being in force 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 determined by the Governor-General in Council without any notice to the licensee or other proceedings 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 rights and privileges thereby granted and conferred, have been revoked and determined.

8. The occupation of the site shall be deemed to be an acceptance by the licensee of the conditions of this Order in Council.

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

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AMENDING RULES OF THE HIGH COURT OF WESTERN SAMOA.

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JELLICOE, Governor-General.

ORDER IN COUNCIL.

At the Government House at Wellington, this 9th day of March, 1921.

Present:

HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.

HIS Excellency the Governor-General of the Dominion of New Zealand, acting by and with the advice and consent of the Executive Council of that Dominion, and in pursuance of the authority to make laws for the peace, order, and good government of the Territory of Western Samoa conferred upon him by the Western Samoa Order in Council, 1920, made by His Majesty on the eleventh day of March, nineteen hundred and twenty, under the Foreign Jurisdiction Act, 1890, doth hereby amend the Rules of the High Court of Western Samoa, 1920, in the manner hereinafter set forth; and doth hereby declare that the amendment hereby made shall come into force in the Territory of Western Samoa on the ninth day of March, nineteen hundred and twenty-one.

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REGULATIONS.

1. THESE regulations shall be read with and form part of the Rules of the High Court of Western Samoa, 1920.

2. Rule 46 is hereby amended by adding at the beginning thereof the words “Save when the Court is exercising jurisdiction as the Native Land and Titles Commission.”

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