Legislative Powers of Canterbury Association




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Association by virtue of the powers vested in them may lawfully have, exercise, and enjoy within the said settlement.

Power to reserve and appropriate Land for public purposes.

VIII. That it shall be lawful for the said Association, and they are hereby empowered, from Time to Time, by Deed under the Common Seal of the said Association, to reserve and appropriate for any of the Purposes to which the Funds of the said Association are by the said Letters Patent made applicable, any Part or Parts of the Land in the said Settlement, being at the Time unsold and unappropriated; and every such Deed shall declare the Purpose for which the Land therein mentioned is intended to be reserved and appropriated; and upon due Execution of every such Deed the Land therein mentioned shall vest in and be held by the said Association in trust for the Purposes therein declared: Provided always, that for every Acre of Land so reserved and appropriated as aforesaid that Part of the Funds of the said Association which under the said Letters Patent and the said recited Act is or shall be applicable to the Purpose for which such Land is declared to be reserved and appropriated shall be charged with and subject to the Payment of a Sum of Money equal to the current Price of every such Acre considered as sold to an ordinary Purchaser, and the said Money shall be distributed and appropriated in the same Manner as Money arising from ordinary Sales of Land by the said Association: Provided also, that it shall not be lawful for the said Association to reserve and appropriate Land as aforesaid unless the said Part of the Funds in the Hands of the said Association for the Time being applicable as aforesaid is sufficient to pay a Sum equal to the Price of such Land considered as sold to an ordinary Purchaser, after deducting the Amount which would be appropriated to such Part of the said Funds on such Distribution as aforesaid.

Power to grant Timber Licences.

IX. That it shall be lawful for the said Association and they are hereby exclusively empowered to grant Licences for cutting, felling, and carrying away timber growing upon the said unsold and unappropriated part of the said Land; and the Money arising from the granting of such Licences shall be applied by the said Association in the same manner as the Money arising from Licences for Pasturage granted under the powers of the said recited Act.

Powers of the Association to prepare for Occupation unappropriated Land of the Settlement, and to determine Disputes respecting Enjoyment of Licences.

X. And whereas it is expedient that the said Association should be empowered to prepare for Occupation the unsold and unappropriated Part of the Land in the said Settlement, and to regulate and control the Use by Licence of the said part of the said Land in the Manner hereinafter mentioned: Be it enacted, That it shall be lawful for the said Association to survey, improve, and prepare for Cultivation and the Reception of Settlers, any Lands in the said Settlement which may for the Time being remain unsold and unappropriated, and for all or any such Purposes in or upon any such Land to enter, and make and construct Roads, Railroads, Canals, Drains, Bridges, Ferries, and other internal Communications, and Docks, Buildings, and Works necessary or expedient for the Occupation or Improvement of any such Lands, and from Time to Time to change, remove, or vary the same, and also to alter, divert, and deepen the Channels of Rivers and Streams, and to make Locks, Dams, and Weirs therein, and further, that it shall be lawful for the Association, along the Coast within the Limits of the said Settlement, and as well below as above Low-water Mark, to make, build, erect, construct, and lay down Piers, Moles, Breakwaters, Quays, Lighthouses, Beacons, Harbours, Buoys, and Moorings, and all such other Works and Buildings as they may from Time to Time deem expedient, with Power to change, remove, or vary the same or any Part thereof, and generally that the said Association shall have over the said unsold and unappropriated Lands of the said Settlement, and over the Waters and Watercourses thereof, all such Rights, Powers, and Authorities, for all and every the Purposes aforesaid, as Her Majesty, Her Heirs and Successors, can or may have, so long as the same shall respectively remain unappropriated and undisposed of by the said Association; and that it shall be lawful for the said Association to regulate and control the Use of the said Land enjoyed under Licences for Pasturage, or cutting felling, and carrying away Timber, by them granted, under the Powers of the said recited Act or this Act respectively, and in case of Disputes between the Holders of such Licences, or between



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Online Sources for this page:

VUW Te Waharoa PDF New Munster Gazette 1852, No 2





✨ 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 & Survey
7 August 1851
Legislation, Canterbury Association, Land Disposal, Byelaws, Amendments