MAY 3.] THE NEW ZEALAND GAZETTE. 1253

writing of the licensee, be altered by the Governor-General
by Order in Council.

8. LOCATION OF OVERHEAD LINES.

Notwithstanding anything hereinbefore contained, one side
of every road or street shall be left free by the licensee for
telegraph-lines. Lines shall not be erected on both sides
of a road or street unless the permission of the Minister of
Telegraphs or the Post and Telegraph Department is first
obtained, in accordance with clause 5 of the regulations.

C. A. JEFFERY,
Acting Clerk of the Executive Council.

Licensing Noel Robert Archibald Cox and Others to use and
occupy a Part of the Foreshore at Tikitiki Cliff, Chatham
Islands, as a Site for a Cattle-yard.

JELLICOE, Governor-General.

ORDER IN COUNCIL

At the Government Buildings at Wellington, this 23rd day
of April, 1923.

Present :

THE HONOURABLE SIR FRANCIS BELL PRESIDING IN COUNCIL.

WHEREAS by Order in Council dated the ninth day of
September, one thousand nine hundred and seven,
and published in the New Zealand Gazette No. 82, of the
nineteenth day of the same month, Alexander Shand, Frank
Regnault, Harry George Blyth, Jose Santos, of Chatham
Islands, and William Atherton Parnham, of Kaiapoi, were
licensed under the Harbours Act Amendment Act, 1883, to
occupy part of the foreshore as shown on plan marked M.D.
3066 and deposited in the office of the Marine Department
at Wellington, in order to erect and maintain thereon a cattle-
yard at Tikitiki Cliff, Chatham Islands, for a period of four-
teen years :

And whereas the said Alexander Shand and the said Wil-
liam Atherton Parnham have transferred their shares :

And whereas the said license having expired on the ninth
day of September, one thousand nine hundred and twenty-
one :

And whereas Noel Robert Archibald Cox, Frank Regnault,
Harry George Blyth, Jose Santos, and Susan Shand (herein-
after called “the licensees”) have applied to the Governor-
General in Council for a renewal of the said license under
the Harbours Act, 1908 (hereinafter called “the said Act”) :

And whereas it is desirable to grant such renewal :

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 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 with the like
advice and consent as aforesaid, doth hereby license and
permit the licensees 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 constructing
or erecting thereon a cattle-yard ; such license to be held and
enjoyed by the licensees upon and subject to the following
terms and conditions set forth in the First Schedule hereto.
And, in pursuance of the power conferred upon him by the
Harbours Act, 1908, and of all other powers enabling him
in that behalf, and with the like advice and consent, His
Excellency the Governor-General of the Dominion of New
Zealand doth hereby prescribe that the dues and rates set
forth in the Second Schedule hereto shall be taken by the
licensees for the use of the said cattle-yard.

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 necessary for the erection of such cattle-yard, which
   is shown on the plan marked M.D. 3066, and deposited in
   the office of the Marine Department as aforesaid.

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 £2 in
advance, payable on the 1st day of April in each year, the
proportionate part of such annual rental in respect of the
period from the date hereof until the 31st day of March fol-
lowing to be paid on the licensees being supplied with a copy
of this Order in Council.

4. All His Majesty’s subjects shall at all reasonable times,
   upon payment of the proper dues, have free and full liberty
   to use the cattle-yard, and all rights of ingress and egress
   thereon and therefrom.

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 cattle-yard without payment.

6. The licensees shall maintain the above-mentioned cattle-
   yard in good order and repair, and shall at all times exhibit
   therefrom, and maintain at their own cost, suitable and neces-
   sary 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 cattle-yard 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 cattle-yard,
   requiring them, within a reasonable time, to be therein pre-
   scribed, to repair the same, they shall with all convenient speed
   cause such defect to be removed or such repairs to be made.

8. Nothing herein contained shall authorize the licensees
   to do or cause to be done anything repugnant to or incon-
   sistent with any law relating to the Customs, or any regula-
   tion of the Minister of Customs, or with any provisions of
   the Harbours Act, 1908, or its amendments, or any regula-
   tions 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 in force for fourteen
   years from the 9th day of September, 1921, unless in 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 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 licensees three
    calendar months’ previous notice in writing. Any such
    notice shall be sufficient if given by the Minister and de-
    livered at or posted to the last known address of the licensees
    in New Zealand.

11. The licensees shall be liable for any injury which the
    said cattle-yard may cause any vessel or boat to sustain
    through any default or neglect on their part.

12. 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 cattle-yard for a
    period of thirty days ;
    (3.) Become bankrupt, or be in any manner brought under
    the operation of any Act in force for the time being
    relating to bankruptcy ; or
    (4.) Fail to pay the sums specified in clause 3 of these
    conditions,
    then and in any of the said cases this Order in Council, and
    every license, right, power, or privilege, may be revoked and
    determined by the Governor-General 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 license, rights, and privileges
    thereby granted and conferred, have been revoked and
    determined.

13. The construction of the cattle-yard shall be sufficient
    evidence of the acceptance by the licensees of the terms and
    conditions of this Order in Council.

SECOND SCHEDULE.

EVERY person who shall use this cattle-yard for yarding or
keeping cattle or horses shall pay for the use thereof to the
licensees the sums following :—

Cattle, large .. .. .. .. 2 6 per head.
Cows or bullocks under two years old .. .. 2 0 ,,
Calves up to one year old .. .. 1 0 ,,
Horses .. .. .. .. 2 0 ,,

C. A. JEFFERY,
Acting Clerk of the Executive Council.

C