Nov. 22.] THE NEW ZEALAND GAZETTE. 2867

modified, or revoked by competent authority; and the which the said wharf and shed is erected, as shown on the plans
company shall not assign, charge, or part with any such so deposited as aforesaid, for the purpose of maintaining the
right, power, or privilege without the written consent of the said wharf and shed thereon; such license to be held and
Minister first obtained. enjoyed by the licensees upon and subject to the terms and

10. The said rights, powers, and privileges may be at any conditions set forth in the First Schedule hereto; and doth
    time resumed by the Governor-General, and the company prescribe that the dues and rates set forth in the Second
    may be required to remove the said boom, breastwork, and Schedule hereto shall be charged and taken by the licensees
    reclamation at the company's own cost, without payment for the use of the said wharf and shed.
    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
    FIRST SCHEDULE.
    delivered at or posted to the last known registered office of
    the company in New Zealand.

11. The company shall be liable for any injury which the 1. In these conditions the term “Minister” means the
    said booms, breastwork, and reclamation may cause any Minister of Marine as defined by the Shipping and Seamen
    vessel or boat to sustain through any default or neglect on Act, 1908, and includes any officer, person, or authority
    the company's part. acting by or under the direction of such Minister.

12. In case the company shall--- 2. The concessions and privileges conferred by this Order
    (1.) Commit or suffer a breach of the conditions herein- in Council shall extend and apply only to the part of the
    before set forth, or any of them; foreshore, and land below low-water mark adjacent thereto,
    necessary for the erection of the wharf and shed, as shown on
    (2.) Cease to use or occupy the said booms, breastwork, and plans marked M.D. 3407.
    reclamation for a period of thirty days;
    (3.) Be in any manner wound up or dissolved ; or 3. In consideration of the concessions and privileges granted
    (4.) Fail to pay the sums specified in clause 3 of these by this Order in Council, the licensees shall pay to the Minister
    conditions,-- the sum of £2 10s., and thereafter an annual sum of £2 in
    then and in any of the said cases this Order in Council, and advance, payable on the 1st day of April in each year, the
    every license, right, power, or privilege, may be revoked proportionate part of such rental in respect of the period
    and determined by the Governor-General in Council without from the date hereof until the 31st day of March following to
    any notice to the company or other proceeding whatsoever; be paid on the licensees being supplied with a copy of this
    and publication in the New Zealand Gazette of an Order in Order in Council.
    Council containing such revocation shall be sufficient notice

13. All persons shall at all reasonable times, upon payment
    to the company, and to all persons concerned or interested, of the proper dues, have free and full liberty to use the said
    that this Order in Council, and the license, rights, and wharf and shed, and all rights of ingress and egress thereon and
    privileges thereby granted and conferred, have been revoked therefrom.
    and determined ; and upon such revocation the Minister may

14. His Majesty or the Governor-General, and all officers
    cause the said booms, breastwork, and reclamation and all in the Government service acting in the execution of their
    other erections or buildings thereto belonging to be removed, duty, shall at all times have free ingress, passage, and egress
    and may recover the cost incurred by any such removal into, through, over, and out of the said wharf and shed
    from the company. without payment.

C. A. JEFFERY, 6. The licensees shall maintain the above-mentioned wharf
Acting Clerk of the Executive Council. and shed in good order and repair, and shall at all times
exhibit therefrom, and maintain at the licensee's 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.

Licensing Herbert Subritzky and Charles Isilton Puckey as 7. Any person authorized by the Minister may, at all
Trustees of the Estate of John Anton Subritzky, now deceased, reasonable times, enter upon the said wharf and shed and
to use and occupy a Part of the Foreshore of Awanui River as view the state of repair thereof; and upon such Minister
a Site for a Wharf and Shed. leaving at or posting to the last known address of the licensees
in New Zealand a notice in writing of any defect or want of
repair in such wharf and shed, requiring the licensees, within a
reasonable time, to be therein prescribed, to repair the same
the licensees shall with all convenient speed cause such defect
JELLICOE, Governor-General. to be removed or such repairs to be made.

ORDER IN COUNCIL. 8. Nothing herein contained shall authorize the licensees
At the Government Buildings at Wellington, this 7th day to do or cause to be done anything repugnant to or incon-
of November, 1923. sistent with any law relating to the Customs, or any regulation
Present : of the Minister of Customs, or with any provisions of the
The Honourable Sir F. H. D. Bell, G.C.M.G., K.C., Harbours Act, 1908, or its amendments, or any regulations
PRESIDING IN COUNCIL. made thereunder, and that are now or may hereafter be in
force.

WHEREAS by Order in Council dated the twelfth day 9. The ballast of all vessels loading at the said wharf and
of October, one thousand nine hundred and nine, and shed shall be taken away by the licensees, and deposited above
published in the New Zealand Gazette No. 87, of the twenty- high-water mark, or at such place as may be approved of by
first day of the same month, John Anton Subritzky, of Auckland, the Minister, or by any person appointed by the Minister for
was licensed to use and occupy a part of the foreshore and land below low-water mark in Awanui River, as shown on plan marked M.D. 3407, and deposited in the office of the
Marine Department at Wellington, in order to erect and 10. The rights, powers, and privileges conferred by or
maintain thereon a wharf and shed as shown on the plans so under this Order in Council shall continue to be in force
deposited as aforesaid for a term of fourteen years computed for fourteen years from the 12th day of October, 1923, unless
from the twelfth day of October, one thousand nine hundred in the meantime such rights, powers, and privileges shall be
and nine: And whereas the said license having expired, altered, modified, or revoked by competent authority; and
Herbert Subritzky and Charles Isilton Puckey as trustees of the licensees shall not assign, charge, or part with any such
the estate of the said John Anton Subritzky, now deceased right, power, or privilege without the previous written con-
(and hereinafter called “ the licensees ”), have made application for a fresh license under the Harbours Act, 1908 (herein- sent of the Minister first obtained.
after called “ the said Act”), for a term of fourteen years
computed from the twelfth day of October, one thousand 11. The said rights, powers, and privileges may be at any
nine hundred and twenty-three: And whereas it is expedient time resumed by the Governor-General, and the licensees may
that a license should be granted and issued to the licensees be required to move the said wharf and shed at the licensee’s
under the said Act, for the purpose aforesaid, on the terms cost, without payment of any compensation whatever, on
and conditions hereinafter expressed : giving to the licensees three calendar months’ previous notice
in writing. Any such notice shall be sufficient if given by
Now, therefore, His Excellency the Governor-General of the the Minister, and delivered at or posted to the last known
Dominion of New Zealand, in pursuance and exercise of the address of the licensees in New Zealand.
power and authority vested in him by the said Act, and of all 12. The licensees shall be liable for any injury which the
other powers and authorities enabling him in that behalf, said wharf and shed may cause any vessel or boat to sustain
and acting by and with the advice and consent of the through any default or neglect on the licensee’s part.
Executive Council of the said Dominion, doth hereby approve
of the purpose or object for which the said license is required 13. In case the licensees shall—
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 (1.) Commit or suffer a breach of the conditions herein-
permit the licensees to use and occupy that part of the fore- before set forth, or any of them;
shore, and land below low-water mark adjacent thereto, on (2) Cease to use or occupy the said wharf and shed 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