β¨ Auckland Harbour Debenture Act
108
for any holder of any such Debenture to apply summarily by
petition to the said Court for payment out of the said Fund of
the amount due on such Debenture, with interest and costs as aforesaid, and that without regard to the rights or interests of
other persons interested in such monies; and the said Court may
upon application by petition of any party, make such order and
decree in the premises for relief of such party, without regard
to the rights and interests of other parties as to the Court shall
seem fit; and generally may make such order as to it shall seem
fit for securing and giving effect to the rights and interests of all
parties interested in the said Debentures; and after satisfaction of
all monies due upon such Debentures and interest and costs as
aforesaid, the Court shall upon application of the Superintendent
of the Province of Auckland, direct that the balance of the said
fund shall be paid to the said Superintendent, to be applied for
the purposes expressed in the said Act or Ordinance, Sess. XI.,
No. 2.
XI. Nothing in this Act contained shall prevent the said
Superintendent from exercising the powers vested in him by the
said Act, Sess. XI., No. 2, hereinbefore referred to of granting by
way of lease the said lands or any part thereof, without the concurrence of the Debenture holders, in like manner as if this Act
had not been passed. But all sums of money received by the said
Superintendent upon any such grant or lease, by way of purchase
money, fine, premium or foregift, shall (till a fund be realized sufficient in the judgment of the Court to cover the outstanding Debenture Debt with interest and costs,) be paid into the Supreme Court
to the credit of the said Fund, called βThe Auckland Harbour
Debenture Fund;β and all such monies shall be from time to time
disposed of and invested, as the Court shall order and direct; and
the same, and all investments thereof, shall be held subject to the
direction of the Court in the first place as a security to the Debenture holders for all money due or which may become due to them
for principal, interest and costs respectively; and after satisfaction
thereof, then the balance of the said fund, if any, shall be paid over
to the said Superintendent for the purposes of the said Act, Sess.
XI., No. 2; and the said Court shall from time to time make such
order in the premises as to it shall seem fit.
XII. If the Superintendent of the said Province shall at any
time be desirous of discharging the said lands from Liability in
respect of the Debentures authorised to be issued by this Act, he
may apply to the said Court for liberty to pay into Court to the
credit of the said Fund, a sum sufficient in the judgment of the
Court to satisfy all liability in respect of outstanding Debentures, Interest, and Costs, and of all incidental charges, and the
Court shall if it shall so think fit, order such payment to be made
accordingly; and such payments may be made accordingly (the
receipt of the Registrar for the same being sufficient), and upon
such payment being so made the said lands shall be discharged from
the said Debentures, Interest and Costs, and the said Fund shall be
applied in the first place, towards satisfaction of the said Debentures, Interest and Costs, on the days and times, and at the places
appointed for payment thereof, and after payment of such Deben-
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β¨ LLM interpretation of page content
π°
Auckland Harbour Debenture Act, 1860
(continued from previous page)
π° Finance & RevenueDebenture Act, Harbour Endowments, Auckland, Public Tender, Debentures
Auckland Provincial Gazette 1860, No 21