Government Regulations and Orders




1098
THE NEW ZEALAND GAZETTE.
[No. 48

Additional Regulations under “The Government Advances to Settlers Act, 1894.”

JAMES PRENDERGAST,
Administrator of the Government.

ORDER IN COUNCIL.

At the Government House, at Wellington, this twenty-second day of May, 1897.

Present:

HIS EXCELLENCY THE ADMINISTRATOR OF THE GOVERNMENT IN COUNCIL.

IN pursuance and exercise of the powers and authority vested in him in and by “The Government Advances to Settlers Act, 1894,” and of all other powers and authorities enabling him in this behalf, His Excellency the Administrator of the Government of the Colony of New Zealand, acting by and with the advice and consent of the Executive Council of the said colony, doth hereby make the several regulations set forth in the Schedule hereto, and doth declare that such regulations shall come into force and take effect on the date of the publication thereof in the New Zealand Gazette.

SCHEDULE.

  1. “The said Act” means “The Government Advances to Settlers Act, 1894.”

  2. “The Superintendent” means the Government Advances to Settlers Office Superintendent under the said Act.

  3. All moneys issued by the Superintendent for the purpose of making advances on mortgages under the said Act, and placed under the temporary control of any solicitor acting for the Superintendent in connection with such mortgages, shall be lodged by the Superintendent to a special official trust account at the branch of the Bank of New Zealand situate nearest to such solicitor’s office; and all moneys which, at the date of the coming into force of these regulations, are in the hands of any such solicitor for the purposes of any uncompleted mortgage in favour of the Superintendent shall within seven days after such date be lodged by such solicitor to the aforesaid account.

  4. Such account shall be styled “[Name of solicitor] Government Advances to Settlers Account,” and shall be operated on by the solicitor under that style, and solely for the purpose for which the moneys were lodged as aforesaid.

  5. Every cheque drawn by such solicitor on such account shall be made payable to the order of the person beneficially entitled thereto or his duly-authorised agent.

  6. Such solicitor shall procure from the bank a pass-book, wherein all transactions on such account shall be recorded by an official of the bank.

  7. The Superintendent may at any time direct any officer of the Government Advances to Settlers Office to inspect and report upon such account and pass-book, and any such officer shall have power to examine all accounts, vouchers, papers, or books relating to the moneys lodged in or drawn from such account.

  8. On the last day of each month the bank shall prepare and forward to the Superintendent a copy of such account made up to the close of banking business on such day, and certified as correct by an officer of the bank, showing the balance at the beginning of the month, the transactions for the month, and also the unexpended balance at the end of the month.

  9. On the first day of each month such solicitor shall prepare and forward to the Superintendent a statement, certified as correct by such solicitor, showing with respect to the unexpended balance of such account at the end of the last-preceding month the purpose to which such balance is to be applied.

  10. Forthwith upon lodging any money to such account for the purposes of any mortgage, the Superintendent shall send notice thereof to the mortgagor.

  11. Forthwith upon the completion of any mortgage for the purpose whereof money has been lodged as aforesaid to such account, such solicitor shall prepare and forward to the Superintendent a statement, certified as correct by such solicitor, showing, with dates, the total amount so lodged, and the cheques by which the same has been withdrawn, and showing also particulars of all costs and expenses received or charged by such solicitor in connection with the matter.

  12. If any solicitor make default in the full and faithful observance of any of these regulations, or receives or charges in respect of any such mortgage as aforesaid any more or other costs or expenses than those authorised by the said Act, or the regulations for the time being in force thereunder, and for the services specified therein, it shall be the duty of the Superintendent to cancel his authority to act as solicitor under the said Act, and to appoint another solicitor in his stead.

ALEX. WILLIS,
Clerk of the Executive Council.

Powers delegated to the Cashmere Hills Domain Board under “The Public Domains Act, 1881.”

JAMES PRENDERGAST,
Administrator of the Government.

ORDER IN COUNCIL.

At the Government House, at Wellington, this twenty-second day of May, 1897.

Present:

HIS EXCELLENCY THE ADMINISTRATOR OF THE GOVERNMENT IN COUNCIL.

IN exercise and pursuance of the powers and authorities vested in him by “The Public Domains Act, 1881,” His Excellency the Administrator of the Government of the Colony of New Zealand, by and with the advice and consent of the Executive Council thereof, doth hereby revoke a certain Order in Council, dated the sixth day of February, one thousand eight hundred and ninety-one, making delegation of certain powers in manner as therein appears; and doth, with the like advice and consent, by this present Order, delegate, but only with respect to the piece or parcel of land described in the Schedule hereto, all the powers conferred by the Act aforesaid, except the powers under or conferred by sections five and twelve thereof, to the under-mentioned persons, who shall be known as the Cashmere Hills Public Domain Board, namely,—

The CHAIRMAN OF THE SELWYN COUNTY COUNCIL,
His Worship the MAYOR OF THE CITY OF CHRISTCHURCH,
His Worship the MAYOR OF THE BOROUGH OF SYDENHAM,
The CHAIRMAN OF THE HEATHCOTE ROAD BOARD,
WILLIAM VINCENT,
JOHN THOMPSON BROWN,
RICHARD WESTENRA, and
WILLIAM DUNLOP

(herein referred to as “the Board”), subject to the stipulations hereinafter contained, that is to say,—

  1. The Board shall meet for the transaction of business on the second Wednesday in each month, at three o’clock p.m., at the office of the Selwyn County Council, Christchurch, or at such other time or place as may from time to time be fixed by the Board. The first meeting shall be held on Wednesday, the ninth day of June, one thousand eight hundred and ninety-seven.

  2. Special meetings may be convened by the Chairman or by any two members of the Board, provided that two days’ notice of such meeting be given to each member, specifying the business to be transacted at such special meeting, and no other business than that so specified shall be transacted at such meeting.

  3. Any three of the said Board shall form a quorum. Any meeting may be adjourned from time to time.

  4. The members of the Board shall, at their first meeting, and thereafter at an annual meeting to be held on the second Wednesday in January in every succeeding year thereafter, elect one of themselves to be Chairman, who may join in the discussion, and shall have an original as well as a casting vote. The Chairman shall hold office until the election of his successor.

  5. If at any meeting the Chairman is not present at the time appointed for holding the same, the members present shall choose some one of their number to be chairman of such meeting.

  6. If, by resignation, death, or incapacity, or otherwise, the office of Chairman shall be or become vacant, the members may at any monthly or special meeting appoint a Chairman.

  7. All questions shall be determined by the majority of votes of the members of the Board present at a meeting.

SCHEDULE.

All that parcel of land in the Halswell Survey District, Canterbury Land District, containing by admeasurement 188 acres 3 roods 11 perches, more or less, being Reserve No. 161. Bounded towards the north by Section No. 2147, 4491·7 links; towards the east by Section No. 20922, 5256 links; towards the south by Sections Nos. 11227 and 11170, 4049·6 links; and towards the west by the Dyer’s Pass Road: subject nevertheless to a road-line, 1 chain wide, branching from the Dyer’s Pass Road, and leading to Section No. 11170: as the same is delineated on the official map in the District Survey Office, Christchurch.

ALEX. WILLIS,
Clerk of the Executive Council.



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1897, No 48





✨ LLM interpretation of page content

💰 Additional Regulations under the Government Advances to Settlers Act, 1894

💰 Finance & Revenue
22 May 1897
Regulations, Government Advances, Settlers Act, Mortgages, Trust Account
  • James Prendergast, Administrator of the Government
  • Alex. Willis, Clerk of the Executive Council

🗺️ Powers delegated to the Cashmere Hills Domain Board under the Public Domains Act, 1881

🗺️ Lands, Settlement & Survey
22 May 1897
Public Domains Act, Cashmere Hills Domain Board, Delegation of Powers, Land Management
  • William Vincent, Member of the Cashmere Hills Public Domain Board
  • John Thompson Brown, Member of the Cashmere Hills Public Domain Board
  • Richard Westenra, Member of the Cashmere Hills Public Domain Board
  • William Dunlop, Member of the Cashmere Hills Public Domain Board

  • James Prendergast, Administrator of the Government
  • Alex. Willis, Clerk of the Executive Council