Nov. 4.] THE NEW ZEALAND GAZETTE. 3125

And whereas the said company has applied for authority to make certain additions to the said wharf, and in accordance with the one-hundred-and-seventy-first section of the Harbours Act, 1923 (hereunder called “the said Act”), has deposited a plan in the office of the Marine Department at Wellington, showing, marked M.D. 6233, the additional area of foreshore and land below low-water mark intended to be occupied, and the nature and extent of the additions intended to be made:

And whereas it has been made to appear to the Governor-General in Council that the proposed work will not be or tend to the injury of navigation, and the said plan has, prior to the making of this Order in Council, been approved by the Governor-General in Council:

And whereas it is expedient that a license should be granted and issued to the company under the said Act for the purpose aforesaid, on the terms and conditions hereinafter expressed:

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 company 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 company to use and occupy that part of the foreshore and of the land below low-water mark immediately contiguous thereto on which the said wharf additions are to be erected as shown and delineated on the plans so deposited as aforesaid, for the purpose of erecting and maintaining the said additions to the wharf thereon, such license to be held and enjoyed by the company 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—

“Foreshore” means such parts of the bed, shore, or banks of a tidal water as are covered and uncovered by the flow and ebb of the tide at ordinary spring tides.

“Low-water mark” means low-water mark at ordinary spring tides:

“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 and land below low-water mark necessary for the construction of the additions to the said wharf as shown on the plan M.D. 6233 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 company shall pay to the Minister the sum of £2 10s., and thereafter an annual sum of £5 in advance, payable on the 1st day of April in each year, the proportionate part of such rental in respect of the period from the 1st day of September, 1926, until the 31st March following to be paid on the company being supplied with a copy of this Order in Council.

4. All persons shall, at all reasonable times, upon payment of proper dues, have free and full liberty to use the additions to the said wharf 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 said additions to the said wharf without payment.

6. The company shall maintain the above-mentioned additions to the said wharf in good order and repair; and shall at all times exhibit therefrom and maintain at the company’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.

7. Any person authorized by the Minister may at all reasonable times enter upon the said additions to the said wharf and view the state of repair thereof; and upon such Minister leaving at or posting to the last known registered office of the company in New Zealand a notice in writing of any defect or want of repair in such additions to the said wharf requiring the company, within a reasonable time to be therein prescribed, to repair the same, the company shall with all convenient speed cause such defect to be removed or such repairs to be made.

8. Nothing herein contained shall authorize the company to do or cause to be done anything repugnant to or inconsistent with any law relating to the Customs, or any regulation of the Minister of Customs, or with any provisions of the Harbours Act, 1923, or its amendments, or any regulations made thereunder, and that are now or may hereafter be in force.

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9. The ballast of all vessels loading at the additions to the said wharf shall be taken away by the company and deposited above high-water mark, or at such place as may be approved of by the Minister or by any person appointed by the Minister for that purpose.

10. The rights, powers, and privileges conferred by or under this Order in Council shall continue to be in force until the 15th day of January, 1936, unless in the meantime such rights, powers, and privileges shall be altered, modified, or revoked by competent authority; and the company shall not assign, charge, or part with any such right, power, or privilege without the written consent of the Minister first obtained.

11. The said rights, powers, and privileges may be at any time resumed by the Governor-General, without payment of any compensation whatever, on giving the company 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 registered office of the company in New Zealand.

12. The company shall be liable for any injury which the additions to the said wharf may cause any vessel or boat to sustain through any default or neglect on the company’s part.

13. In case the company shall—
    (1.) Commit or suffer a breach of the conditions hereinbefore set forth, or any of them:
    (2.) Cease to use or occupy the additions to the said wharf for a period of thirty days:
    (3.) Be in any manner wound up or dissolved; 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 company or any proceeding whatever; and publication in the New Zealand Gazette of an Order in Council containing such revocation shall be sufficient notice to the company, and to all persons concerned or interested, that this Order in Council, and the rights, license, and privileges thereby granted and conferred, have been revoked and determined.

14. In the event of this Order in Council being revoked for any reason whatsoever, or upon the expiry of the period for which the license is granted, the company shall, if required by the Minister so to do, remove the additions to the said wharf entirely from the site and restore the site to its original condition within three months from the date of the revocation or expiry, as the case may be; and if the company fails so to do, the Minister may cause the additions to the said wharf to be removed and the site so restored, and may recover the costs incurred by the said removal and restoration from the company.

15. The construction of the said additions to the said wharf shall be sufficient evidence of the acceptance by the company of the terms and conditions of this Order in Council.

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

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Making Rule under the Judicature Act, 1908.

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CHARLES FERGUSSON, Governor-General.

ORDER IN COUNCIL.

At the Government House at Wellington, this 1st day of November, 1926.

Present:

His Excellency the Governor-General in Council.

IN pursuance and exercise of the powers and authorities conferred by section fifty-one of the Judicature Act, 1908, His Excellency the Governor-General of the Dominion of New Zealand, acting by and with the advice and consent of the Executive Council thereof, and with the concurrence of the Chief Justice of New Zealand and of five other Judges of the Supreme Court of New Zealand, doth hereby make the rule set forth in the Schedule hereto, and doth declare that such rule shall take effect on and from the first day of November, one thousand nine hundred and twenty-six.

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SCHEDULE.

REMOVAL OF ACTIONS FROM MAGISTRATES’ COURT.

596A. THE Judge when making an order under section 151 of the Magistrates’ Courts Act, 1908, for the removal of an action into the Supreme Court shall fix by such order the time and place for filing the statement of defence in such action and the time and place for the trial of the action, and may direct the plaintiff, if necessary, to file an amended statement of claim within a time to be fixed by such order.

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