✨ Legislation Amendments
Settlement: Be it therefore enacted by
\nthe Queen’s most Excellent Majesty, by
\nand with the Advice and Consent of the
\nLords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same,
\n
\nPower to Canterbury Association to impose Penalties for Breach of Byelaws.
\n
\nI. That it shall be lawful for the said
\nAssociation by their said Byelaws to impose such reasonable Penalties upon all
\nPersons, being Members, Officers, or Servants of the said Association, offending
\nagainst such Byelaws, as the said Association may think fit, not exceeding Five
\nPounds for any One Offence.
\n
\nByelaws to be exhibited.
\n
\nII. That such Byelaws shall be reduced
\ninto Writing, and shall have affixed thereto the Common Seal of the said Association, and a Copy thereof shall be hung
\nup and continued on some conspicuous
\nPart of the principal Office or Premises
\nof the said Association, so as to give
\npublic Notice thereof to the Parties interested therein or affected thereby; and
\nsuch Copy shall from Time to Time be
\nrenewed as often as the Byelaws thereon,
\nor any Part thereof, shall be obliterated
\nor destroyed, and such Copy of the Byelaws shall be approved by One of Her
\nMajesty’s Principal Secretaries of State;
\nand no Penalty imposed by any such Byelaw shall be recoverable unless the same
\nshall have been published and kept published in manner aforesaid.
\n
\nByelaws to be so framed that Penalties may be mitigated.
\n
\nIII. That all the Byelaws made by the
\nsaid Association shall be so framed as to
\nallow the Justices before whom any Penalty imposed thereby may be sought to be
\nrecovered as herein-after provided to order
\na Part only of such Penalty to be paid,
\nif such Justices shall think fit.
\n
\nAs to Recovery of Penalties.
\n
\nIV. That any Penalty imposed by any
\nsuch Byelaw may be recovered by summary Proceedings before Two Justices,
\nin the Manner provided for the Recovery of
\nPenalties or Forfeitures in and by “The
\nCompanies Clauses Consolidation Act,
\n1845,” with the like Power of Appeal given
\nby the said last-mentioned Act.
\n
\nEvidence of Byelaws.
\n
\nV. That the Production of a written or
\nprinted Copy of the Bye-laws of the said
\nAssociation, having the Common Seal of
\nthe said Association affixed thereto, shall
\nbe sufficient Evidence of such Bye-laws
\nin all cases of Prosecution under the
\nsame, and in all Courts, and before all
\nJudges, Justices, and others.
\n
\nProceedings to be entered in Books, to be signed by the Chairman; and to be Evidence.
\n
\nVI. That the Committee of Management of the said Association in the said
\nLetters Patent mentioned shall cause
\nNotes, Minutes, or Copies, as the case
\nmay require, of all Appointments made
\nor Contracts entered into by the said
\nCommittee of Management or any Sub-
\nCommittee, and of the Orders and Pro-
\nceedings of all Meetings of the said
\nAssociation, and of the said Committee
\nof Management, and of Sub-Committees,
\nto be duly entered in a Book or Books
\nto be from time to time provided for the
\npurpose, which shall be kept under the
\nsuperintendence of the said Committee
\nof Management; and every such Entry
\nshall be signed by the Chairman of such
\nMeeting, and such ‘Entry,’ so signed,
\nshall be received as Evidence in all
\nCourts, and before all Judges, Justices,
\nand others, without proof of such respective Meetings having been duly convened or held, or of the persons making
\nor entering such Orders or Proceedings
\nbeing Members of the said Association,
\nor of the said Committee of Management, or of any Sub-Committee respectively, or of the Signature of the Chairman, or of the Fact of his having been
\nChairman, all of which last mentioned
\nmatters shall be presumed, until the contrary be proved.
\n
\nPower for Association to constitute a Managing Committee in the settlement of Canterbury, and to delegate authority to them.
\n
\nVII. That it shall be lawful for the
\nsaid Association from time to time, by
\nwriting under their Common Seal, to
\nappoint persons, being Members of the
\nsaid Association, to be and act as Mem-
\nbers of a Managing Committee of the
\nsaid Association within the said settle-
\nment, and such Managing Committee
\nshall have, exercise, and enjoy within the
\nsaid settlement all such functions, rights,
\npowers, and authorities as the said Association shall, by any writing under
\ntheir Common Seal from time to time,
\nvest in and confer upon them, with power
\nto the said Association from time to time
\nto revoke, alter, and vary the same:
\nProvided always, that such Managing
\nCommittee shall not have, exercise, or
\nenjoy any functions, rights, powers, or
\nauthority other than such as the said
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✨ LLM interpretation of page content
🗺️
An Act to alter and amend an Act empowering the Canterbury Association to dispose of certain Lands in New Zealand
(continued from previous page)
🗺️ Lands, Settlement & Survey7 August 1851
Legislation, Canterbury Association, Land Disposal, Byelaws, Amendments
New Munster Gazette 1852, No 2