β¨ Westland County Orders
352
THE NEW ZEALAND GAZETTE.
Province, either solely or with the advice and
consent of the Executive Council of the said
Province, should within the said County become
vested in the Governor, provided that the Governor
may from time to time delegate all or any of
the said powers to such person or persons as he
may think fit, and may in like manner alter and
revoke such delegations. And whereas by an Order
in Council, bearing date the eighth day of January,
1868, His Excellency the Governor, by and with the
advice and consent of the Executive Council of the
Colony, did delegate to the Honorable John Hall,
within the County of Westland, all the powers there-
tofore of the Superintendent of the Province of
Canterbury exercisable within the district comprised
in the said County. And whereas it is expedient to
revoke the delegation of the powers aforesaid so
made to the Honorable John Hall, and to delegate
the same powers to the Honorable James Alexander
Bonar, as hereinafter mentioned:
Now therefore, His Excellency Sir George Fer-
guson Bowen, the Governor of New Zealand, in
pursuance and in exercise of the power and authority
so vested in him as aforesaid, doth hereby with the
advice and consent of the Executive Council of the
said Colony, revoke the delegation to the Honorable
John Hall of the powers aforesaid, contained in the
said Order in Council of the eighth day of January,
1868, and with the like advice and consent doth
hereby delegate to
The Honorable JAMES ALEXANDER BONAR,
a member of the Legislative Council within the
County of Westland, all the powers which before
the passing of "The County of Westland Act, 1867,"
were by law vested in the Superintendent of the
Province of Canterbury, and exercisable within the
district comprised in the said County of Westland.
FORSTER GORING,
Clerk of the Executive Council.
G. F. BOWEN, Governor.
ORDER IN COUNCIL.
At the Government House, at Wellington, this
eighth day of July, 1868.
Present:
HIS EXCELLENCY THE GOVERNOR IN COUNCIL.
WHEREAS by the seventeenth section of "The
County of Westland Act, 1867," it is enacted
that it shall be lawful for the Governor in Council,
from time to time, as he may think fit, by procla-
mation published in the New Zealand Gazette, to
make regulations for the sale, letting, disposal,
occupation, and management of any Waste Lands of
the Crown, and to alter the laws in force within the
said County of Westland at the time of the coming
into operation of the said Act regulating the sale,
letting, disposal, occupation, and management of
such lands within the said County of Westland, and
to sell, let, and dispose thereof at such prices and
generally in such manner as he shall deem expedient,
and in like manner to alter, vary, or annul any such
regulations and to make others, subject nevertheless
to the provisoes in the said Act contained. And
whereas by a proclamation bearing date the twentieth
day of March, 1868, and published in the New
Zealand Gazette, His Excellency the Governor did
make and proclaim the regulations contained in the
Schedule to the said proclamation for the sale,
letting, disposal, occupation, and management of the
Waste Lands of the Crown within the County of
Westland. And whereas by the said regulations it
is amongst other things provided that all suburban
or rural lands sold under the provisions of the said
regulations shall, after sale, be open to entry by
miners for the purpose of mining for gold, subject to
rules and regulations to be from time to time made
by the Governor in Council in that behalf:
Now therefore, His Excellency Sir George Ferguson
Bowen, the Governor of the Colony of New Zealand,
in pursuance and in exercise of the power and
authority vested in him as aforesaid, by and with the
advice and consent of the Executive Council of the
said Colony, doth hereby make and ordain the rules
and regulations contained in the Schedule hereto for
regulating and defining the terms and conditions
upon which all suburban or rural lands sold under
the provisions of the said regulations of the twentieth
day of March, 1868, shall, after sale, be open to
entry by miners for the purpose of mining for gold.
FORSTER GORING,
Clerk of the Executive Council.
SCHEDULE.
-
Every mining claim on private land shall be
registered in the office of the Warden of the district
within which such land is situated before being
entered upon for mining. And the fee for such
registration shall be ten shillings. -
The mode of registration shall be by depositing
with the Warden of the district a written contract
entered into by the miner and the owner of the
property, or if there be no such contract then an
award given by arbitrators or an umpire, as herein-
after provided, and together with such contract or
award a plan of the claim and of the property within
which such claim is situated signed by the Mining
Surveyor. And the Warden shall thereupon issue
a certificate in the form given in Schedule A. -
No miner shall be allowed to occupy for mining
purposes any ground covered by any dwelling-house,
garden, or any yard or other enclosure attached to
any dwelling-house, unless a written contract shall
have been entered into by himself and the owner of
such building, garden, yard, or other enclosure. -
No miner shall be allowed to use any part of
any private land for any other purpose but that of
actual mining, or the performance of necessary
operations connected with mining, except under the
terms of a contract entered into by himself and the
owner of such private land. -
If there be no contract entered into by the
miner with the owner of the land intended to be
occupied for mining purposes, and the land be not
such as is mentioned in clause 3 of these regulations,
the matter shall be referred to arbitration in the
following manner: -
The miner shall first of all give written notice
in the form in Schedule B to the owner of the
property, or if after diligent inquiry no such owner
can be found, then to the occupier of such property,
and shall also give notice in the form contained in
Schedule B to the Warden of the district, and
shall also pay to the Warden a sum of five pounds
to defray the expenses of survey. -
Upon receiving such notice and such sums of
money, as provided in the last section, the Warden
shall forthwith instruct the Mining Surveyor to
survey the ground applied for. And the miner shall
accompany the Mining Surveyor, and point out the
boundaries of the claim for which he applies. And
the Mining Surveyor shall furnish to the miner a
plan of the claim and of the property within which
it is situated, and shall also furnish to the Warden
a tracing of such plan, and a report stating whether
the claim applied for interferes with any building,
garden, yard, enclosure, or any other property of a
special nature. -
Within fourteen clear days after the delivery of
notices by the miner to the owner or occupier, and
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β¨ LLM interpretation of page content
ποΈ
Revocation and Delegation of Canterbury Provincial Powers in Westland County
(continued from previous page)
ποΈ Provincial & Local Government8 July 1868
Delegation of powers, Superintendent, Canterbury Province, Westland County, Executive Council
- John Hall (Honorable), Powers delegated then revoked
- James Alexander Bonar (Honorable, member of the Legislative Council), Appointed delegate for Westland County powers
- Forster Goring, Clerk of the Executive Council
- G. F. Bowen, Governor
πΎ Regulations for Mining Entry on Private Lands in Westland County
πΎ Primary Industries & Resources8 July 1868
Mining regulations, Waste Lands of the Crown, Gold mining, Land entry, Arbitration, Land Surveyors, Westland County
- Forster Goring, Clerk of the Executive Council
- G. F. Bowen, Governor
NZ Gazette 1868, No 42