58

days’s 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 19th Section of the Act 10 and 11 Victoria, Chapter 112.

I have, &c., &c.,

(Signed) T. C. HARINGTON.

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

Copy.

(EXTRACT)

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 4th day of July, 1850;

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

Resolved,

That in accordance with the recommendation contained in the Directors’ Report, the Court of Directors 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 for 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 representation be addressed to Her Majesty’s Government on the following points:—

1st. That the Surrender of the Company’s Charters on the terms the 10 and 11 Victoria, Chapter 112, Section 19, is a course forced on the Shareholders by a hard and cruel necessity, which, from causes beyond their control, admit no delay, and precludes all opportunity for those explanations which they believe would, if fairly considered, induce Her Majesty’s Government to abstain from availing themselves of the powers vested in them by law.

2nd. That the abandonment or suspension of such power and the adoption of the course suggested by the Directors in their letter of the 18th 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 the suggestion, contained in the reply of Mr. Hawes of 1st July, is apparently founded on a misapprehension by Earl Grey, of the real nature of the request submitted, 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 Shareholders confidently rely that Her Majesty’s Government 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 receive in a candid spirit a further explanation of the causes that have prevented the realisation of the expectations on which the Agreement of 1847 was founded, and will enter frankly into an equitable reconsideration 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, Drane, Frederick Young, Watson, 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 continue to exist, and that the requisite instructions be sent to the Principal Agent by the “Phoebe 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 and 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. AGLIONBY,
Chairman.

(COPY.)

To the Right Honourable 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 reserved by the Act of the 10th and 11th Victoria, Chapter 112, intituled “An Act to promote Colonization in New Zealand, and to authorize a Loan to the New Zealand Company,” do, by this present Instrument writing under the Seal of the New Zealand Company, give notice to Her Majesty’s Principal 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 4th day of July, 1850.

(Signed) By Order of the Court,
THOMAS CUTHBERT HARINGTON,
Secretary.

(COPY.)

New Zealand House,
5th July, 1850.

My Lord,

By desire of the Directors of the New Zealand Company, I do myself the honour to enclose, for your Lordship’s information, a copy of the instructions which it is intended to transmit—by the ships Phoebe Dunbar and Cornubia, now under despatch—to the Company’s Agents in New Zealand, directing them to give effect to the Notice under the 19th Section of the Act 10th and 11th Victoria, c. 112, which I had the honour to forward to your Lordship yesterday.

I have, &c.,

(Signed) T. C. HARINGTON,

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

(COPY.)

WELLINGTON.

New Zealand House,
Broad Street Buildings,
5th July, 1859.

Sir,

By my previous communications, more especially by the Despatches of 1st of February, and 1st of June last, Wellington News, Nos. 35–50, 35–50, you will have been prepared for the possible discontinuance of the colonizing operations of the Company, as on this day, the copy which I have now the honour to inclose of the proceedings at the adjourned General Court of Proprietors yesterday will show you. I am sorry to say that this event has actually taken place. In compliance with the Resolutions then adopted, a notice was yesterday transmitted to the Secretary of State for the Colonies (a copy of which is inclosed), in pursuance of the provisions of the 19th Section of the Act 10 and 11 Victoria, c. 112.

You will be pleased therefore immediately on receipt of this Despatch to take steps for bringing every open transaction to a close, taking care to incur no expense which can be legally avoided, and no new expense whatever.

The shortness of the time has not permitted any communication of the wishes of Lord Grey as to the manner in which the lands of the Company are to be placed at the disposal of the Crown, but all expenses attending such proceeding will of course be defrayed by the Government.

It is scarcely necessary to add that the notice above referred to will of course have determined the powers held by yourself and the other Agents of the Company.