the-ordinances-of-the-legislative-counci-1890v3 — Page 477

1760 ORDINANCE No. 17 OF 1883 .


Piers and Wharves.


private contract, and with, under and subject to such terms and conditions in all
respects as the said FRANCIS BULKELEY JOHNSON his executors, administrators or
assigns shall think fit, with power at any such sale to fix a reserve price for, or buy
in the same, and when any such sale, assignment , or absolute disposal has been made,
all the rights, powers , authorities, obligations and liabilities of the said FRANCIS
BULKELEY JOHNSON his executors, administrators or assigns in respect to the under
taking or part or parts thereof sold , assigned or absolutely disposed of, shall be trans
ferred to, vested in, and may be exercised by, and shall attach to the person or persons ,
corporation, or company to whom the same has been sold , assigned or absolutely
disposed of, in like manner as if the undertaking or part or parts thereof, sold , assigned
or absolutely disposed of, was or were constructed by such person or persons, corpora
tion or company under the powers conferred upon him or them by this Ordinance,
and in reference to the same he or they shall be deemed to be the said FRANCIS
BULKELEY JOHNSON his executors, administrators or assigns.

Power to demise. 16. Subject to the approval of the Governor in Council being first obtained (but
not otherwise), the said FRANCIS BULKELEY JOHNSON his executors, administrators or
assigns may, at any time and from time to time demise their undertakings or any part
"
or parts thereof, to such person, corporation , or company, for such term or terms of
years, or from year to year, or for any less period, and for such rent or rents, and
upon such terms and conditions in all respects , as the said FRANCIS BULKELEY JOHNSON
his executors, administrators or assigns shall think fit to adopt, to take effect either in
possession or reversion, and either with or without a premium, or premiums, as a
consideration or considerations for such demise or demises.

Power to 17. It shall be lawful for the said FRANCIS BULKELEY JOHNSON his executors,
mortgage.
administrators or assigns, from time to time, and at any time to borrow money on
mortgage of all or any part of his undertaking, and for that purpose to assign or
demise by way of mortgage, all or any portion of the said wharves and piers to any person
or persons, corporation or company, and to enter into all such covenants, provisoes,
declarations and agreements as the said FRANCIS BULKELEY JOHNSON his executors,
administrators or assigns shall think fit and proper.

Saving of rights. 18. Nothing in this Ordinance, otherwise than as specially enacted herein , shall
be construed to interfere in any way with any existing rights in the land on which the
said wharves or piers are to be constructed, or the lands or foreshore adjoining the
same, and the powers and privileges given by this Ordinance are so given, saving and
reserving always the rights of Her Majesty, and of all bodies politic and corporate,
and of all other persons and those claiming by, from , and under them except as herein
otherwise provided.

Duration of 19. This Ordinance shall continue in force for 20 years to be computed from the
Ordinance.
1st day of January, 1884. Provided always that the Governor in Council may, from
time to time, so often as the Governor in Council shall think it expedient, by order, to
1
be published in the Gazette, declare that the duration of this Ordinance shall be