Legislative Act and Coal Fuel Report




That not less than Two Persons shall be constituted and appointed such Attorneys as aforesaid by any Deed or Instrument in Writing as aforesaid, and that if in any Deed or Instrument more than Two persons are appointed, any Two of the Persons so appointed, whether they alone of the Persons so appointed, shall have accepted or shall continue in Office or not, shall, unless the contrary be provided by such Deed or Instrument, be as fully competent to act in all respects as the whole Body of Persons thereby appointed.

VII. And whereas in the said recited Act of the Tenth and Eleventh of Victoria it was enacted, that upon such Reversion to Her Majesty of the Lands belonging to the said Company as aforesaid, amongst other things, there should be charged upon and paid to the New Zealand Company out of the Proceeds of all future Sales of the Demense Lands of the Crown in New Zealand after certain Deductions a Sum of Money, with Interest thereon, as therein mentioned; now be it enacted, That, notwithstanding anything in the said Act contained, the remaining Five Sixth Parts of the whole produce of such Sales and Licenses as aforesaid shall be retained by the said Association and no Part thereof shall be available to the Purposes in the said Act mentioned, but the whole thereof shall be subject to the Provisions contained in the said agreement of the First Day of December, One thousand eight hundred and forty-nine, and in the Terms of Purchase now existing, or in such Terms of Purchase as may at any time be made as hereinafter provided.

VIII. And be it enacted, That if the said Association should at any Time during the said Term of Ten Years, or such extended Term as aforesaid, omit or neglect to observe, perform any of the Conditions aforesaid, One of Her Majesty’s Principal Secretaries of State may, if he shall think fit, by Writing under his Hand declare that the power of Disposition over the Lands in the said Schedule hereby given to them has determined; but no Purchaser or Licensee shall be bound to inquire as to the Fulfilment of any of the said Conditions, or the Regularity of any Sale made or Licence granted by the said Association, and all Sales made and Licences granted by the said Association shall, so far as the Safety of Purchasers or Licensees is concerned, be deemed to be within the aforesaid Power.

IX. And be it enacted, That during the said Term of Ten Years, or such extended Term as aforesaid, the said Association shall have power and authority from Time to Time to make and issue Terms of Purchase and Licence of Lands within the said Settlement, and at any Time to alter, vary or modify the same, or to re-make and re-issue such Terms: Provided always, that any such Terms of Purchase and Licence shall not be repugnant to the Provisions of this Act; and provided also, that the same be approved by One of Her Majesty’s Principal Secretaries of State.

X. And be it enacted, That One of Her Majesty’s Principal Secretaries of State may, on the application of the said Association made under their Common Seal at any Time during the said Ten Years, by Writing under his hand as aforesaid, extend the said Term of Ten Years for such further Time as he in his Discretion may think fit.

XI. And be it enacted, That nothing herein contained shall prejudice the Rights of the Said First Colonists under the Terms of Purchase first herein-before mentioned, or of any Person or Persons entitled or claiming to be entitled to any of the Lands described in the said Schedule by virtue of any Deed or Contract made or entered into previously to the passing of this Act.

XII. And be it enacted, That at the Expiration or sooner Determination of the said Term of Ten Years, or such extended Term as aforesaid, all Lands (if any) comprised in the said Schedule hereto, then remaining undisposed of by the said Association, shall be at the disposal of Her Majesty in the same Manner as other Demense Lands of the Crown in New Zealand.

XIII. And be it enacted, That this Act may be amended or repealed by any Act to be passed in this Session of Parliament.

THE SCHEDULE TO WHICH THIS ACT REFERS:

All that Tract of waste and unappropriated Land, formerly in the Possession of the New Zealand Company, situated in the Middle Island of New Zealand, being bounded by the Snowy Range of Hills from Double Corner to the River Ashburton, by the River Ashburton from the Snowy Hills to the Sea, and by the Sea from the Mouth of the River Ashburton to Double Corner, and estimated to contain 2,500,000 Acres, more or less, with the Exception of certain Buildings, and the Land marked out as appurtenant thereto, situate on Bank’s Peninsula, and purchased by the said New Zealand Company from the Nanto Bordelaise Company, and with the Exception also of certain Property acquired by Purchase and Exchange with Mr. De Belligny, such Lands so excepted being reserved to Her Majesty, Her Heirs and Successors.

Colonial Secretary’s Office,
Auckland, 14th April, 1851.

THE GOVERNOR-IN-CHIEF has been pleased to direct the publication of the following Reports on the Coal and Wood Fuel of the New Zealand Islands, forwarded to His Excellency the Lieutenant-Governor of New Munster by Captain J. Loft Stokes, R.N., of Her Majesty’s Steam Ship “Acheron.”

By His Excellency’s command,
ANDREW SINCLAIR,
Colonial Secretary.

H.M. Steam Ship “Acheron,”
21st December, 1850.

Sir,—I have the honor, in compliance with your Excellency’s request, to enclose herewith a Report on the Coal and Wood Fuel of these Islands, experimented upon in Her Majesty’s Steam Ship under my command.

I regret that the result is not more satisfactory. However, the coal we procured was from surface seams, and probably a better quality lies beneath. I earnestly hope so, for on this success depends the question of



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Online Sources for this page:

VUW Te Waharoa PDF New Ulster Gazette 1851, No 9





✨ LLM interpretation of page content

🗺️ Publication of Act for Canterbury Settlement Lands (continued from previous page)

🗺️ Lands, Settlement & Survey
14 April 1851
Canterbury Association, Land Disposal, Imperial Parliament, Auckland, New Zealand Company, Crown Lands, Settlement Terms
  • Andrew Sinclair, Colonial Secretary

🌾 Report on Coal and Wood Fuel of New Zealand Islands

🌾 Primary Industries & Resources
21 December 1850
Coal, Wood Fuel, H.M. Steam Ship Acheron, Captain J. Loft Stokes
  • Captain J. Loft Stokes, R.N.