8

doubts which might arise to cause a modification to take place in those Instructions, so as to except from the operation of the Regula- tions relative to sales by auction; all the lands comprised in the Company’s various settle- ments, and the amended Instruction will reach you as soon as it can be formally past.

I have the honor to be,

Sir,
Your obedient Servant,
(Signed) Grey.

(Copy.)

No. 1.

New Zealand House,
4th July, 1860.

My Lord,
By desire of the Court of Directors of the New Zealand Company, I do myself the honor to trans- mit to your Lordship the undermentioned docu- ments, viz.

1. An Extract from the Resolutions adopted at the adjourned Annual General Court of the Proprietors of the Company; and,

2. A Notice under the Company’s corporate seal in pursuance of the provisions of the 10th Section of the Act 10 and 11 Victoria, Chapter 112.

I have, &c., &c.
(Signed) T. C. Harington.

The Right Honorable,
The Earl Grey,
&c., &c., &c.

(Enclosure.)

At an adjourned General Court of the Proprietors of the New Zealand Company held at the Company’s House, in Broad Street Buildings, London, on Thursday the 5th day of July, 1860,

Henry Aclom, Esq., M.P., Deputy-Governor, in the Chair.

Resolved,
That in accordance with the recommendation contained in the Directors’ Report, the Court of Di- rectors be empowered and required to give notice to Her Majesty’s Principal Secretary of State for the Colonies, that the Company is ready to surrender its Charters to Her Majesty as provided, so by the 19th Section of the Act 10 and 11 Victoria, Chapter 112, and subject to the provisions and conditions therein contained.

That in giving the notice an earnest representa- tion be addressed to Her Majesty’s Government on the following points:

1st. That the surrender of the Company’s Char- ters on the terms the 10 and 11 Victoria, Chapter 112, Section 19, is a course forced on the Share- holders by a hard and cruel necessity, which from causes beyond their control admits of no delay, and precludes all opportunity for those explanations which they believe would, if fairly considered, in- duce Her Majesty’s Government to obtain from availing themselves of the powers conferred on them by law.

2nd. That the abandonment or suspension of such powers and the adoption of the course sug- gested by the Directors in their letter of the 16th ultimo, is equally demanded by a consideration of the interests of the Colonists and by justice to the Company.

3rd. That the refusal to comply with that sug- gestion, contained in the reply of Mr. Thwaites of 1st July, is apparently founded on a misapprehen- sion by Earl Grey, of the real nature of the request sub- mitted, as well as of the intentions of the Directors as expressed in their letter, inasmuch as it was not an application for positive pecuniary assistance, but for a contingent guarantee only.

4th. That for these and other reasons, the Share- holders confidently rely that Her Majesty’s Govern- ment will not avail themselves of the legal formality which compels the Shareholders for their protection to intimate this day their readiness to surrender their Charters, but will recede in a candid spirit a further explanation of the causes that have prevent- ed the realisation of the expectations on which the Agreement of 1847 was founded, and will enter frankly into an equitable re-consideration of the whole case, before they proceed to the exercise of the powers with which they become legally invested by the notice now resolved to be given.

5th. That in accordance with the suggestion in the Directors’ Report a Committee be appointed to co-operate with the Directors for the purpose of urging the legal and equitable claims and rights of the Company upon Her Majesty’s Government, and that Messrs. Buckle, Druce, Frederick Young, Wat- son and General Briggs constitute such Committee.

6th. That all expenses of the establishments of the New Zealand Company cease from the present time except those absolutely necessary for carrying on the functions for which the Company will con- tinue to exist, and that the requisite instructions be sent to the Principal Agent by the “Phœbe Dunbar.”

That this Meeting be adjourned to Tuesday the 16th instant, at Twelve o’clock at this place, for the purpose of receiving the Report of the Committee, or for filling up the vacancies in the direction, if at such adjourned Meeting the Shareholders shall think proper so to do.

True Extract.
(Signed) H. A. Acland,
Chairman.

(Copy.)

To the Right Honorable the Earl Grey Her Majesty’s Principal Secretary of State for the Colonies.

The Directors of the New Zealand Company in exercise of the power in that behalf given and re- served by the Act of the 10th and 11th Victoria, Chapter 112, intituled “An Act to promote Colonisa- tion in New Zealand, and to authorize a Loan to the New Zealand Company,” do by this present In- strument in writing under the Seal of the New Zea- land Company give notice to Her Majesty’s Princi- pal Secretary of State for the Colonies, that they are ready to surrender the Charters of this Company to Her Majesty and all claim and title to the lands granted or awarded to them in New Zealand.

Sealed this 5th day of July, 1860.

(Seal.)

By Order of the Court,
(Signed) Thomas Cudbert Harington,
Secretary.

No. 2.

New Zealand House,
5th July, 1860.

My Lord,
By desire of the Directors of the New Zealand Company, I do myself the honor to enclose for your Lordship’s information, a copy of the instructions which is intended to transmit—by the ship “Phœbe Dunbar,” and “Cornilla” now under de- spatch—to the Company’s Agents in New Zealand, directing them to give effect to the Notices under the 19th Section of the Act 10th and 11th Victoria, c.