56

gated unto the Executive Government for the time being of the Province of Otago all such powers vested in the Governor or the Governor in Council by the said last-mentioned Act as, under or by virtue of the one hundred and eighth section of the said last-mentioned Act, may be delegated by the Governor in Council, to have, hold, and exercise the said powers within the said Province of Otago: And whereas by clause XVI of "The Gold Fields Act, 1866," it is enacted that when any Gold Mine or Gold Field shall be discovered and proclaimed upon any Crown Lands which at the date of the passing thereof shall have been held under Licence or Lease for depasturing purposes, it shall be lawful for the Governor at his discretion to cancel the Licence or Lease under which such land shall have been held in occupation, as regards the whole or any part of the Lands so held under such Licence or Lease: And whereas the Lands hereinafter described are Crown Lands, subject to be dealt with under the provisions of the "Gold Fields Act, 1866," and the said Lands with other Lands are now or lately were held in occupation by John Cargill and Edward Robert Anderson, under a Deed of Lease bearing date the ninth day of May, 1867, and made between Her Majesty the Queen of the one part, and the said John Cargill and Edward Robert Anderson of the other, part, for the residue of a term of eighteen years, computed from the twenty-sixth day of February, 1866, created by the said Deed of Lease: And whereas it is deemed necessary to cancel the said Lease as to so much and such part of the Lands held under the same, as are comprised within the area hereinafter described;

His Honor James Macandrew, Esquire, Superintendent of the Province of Otago, by and with the advice and consent of the Executive Council of the said Province, doth hereby, by virtue and in exercise of the powers delegated to the Executive Government of the said Province in this behalf by His Excellency the Governor of New Zealand in Council under the authority of "The Gold Fields Act Amendment Act, 1867," declare the said Lease of the said ninth day of May, 1867, to be cancelled, in so far as the Lands comprised within the area hereinafter described are affected by the said Lease, but no further or otherwise, (that is to say):

All that area in the Province of Otago, containing by admeasurement thirty (30) acres, more or less, being part or portion of the tract of country demised to the said John Cargill and Edward Robert Anderson, by the said Deed of Lease of the ninth day of May, 1867, and being the South part of the Township of Roxburgh; bounded towards the south-east by a line commencing at the south bank of the Clutha river, and proceeding in a south-westerly direction, bearing 225 degrees towards Trigonometrical Station C, Teviot District, one thousand and seventy-five (1075) links; towards the south-west by a line proceeding in a north-westerly direction, bearing 315 degrees, three thousand (3000) links; towards the north-west, by a line proceeding in a north-easterly direction, bearing 45 degrees, nine hundred and twenty-five (925) links; and towards the north-east, by the Clutha river, three thousand and seventy (3070) links, be the same more or less.

Alex. Willis,
Clerk to the Executive Council.

PROCLAMATION.

Opening for purposes of Sale certain Sections and certain Unsurveyed Lands in certain Towns in the Province of Otago.

By His Honor James Macandrew, Esquire, Superintendent of the Province of Otago, in Council.

WHEREAS Thomas Dick, Esquire, then Superintendent of the Province of Otago, by virtue and in exercise of the powers delegated to and vested in him in that behalf, did, by proclamation in the Government Gazette of the said Province, bearing date the twenty-ninth day of January last past, constitute and appoint all the territory therein described (including amongst other Lands the Lands described in the Schedule hereto, and comprising certain Sections and certain Unsurveyed Lands in certain Towns respectively known as Queenstown, Lawrence, Cromwell, Clyde, Alexandra, and Roxburgh), to be a Gold Field under the provisions of the "Gold Fields Act, 1866," to be called "Otago Gold Field": And whereas by "The Gold Fields Act Amendment Act, 1867," it is enacted that within any Province in which by any Act or Ordinance it is provided that the Superintendent shall, in the administration of the government thereof, act by and with the advice and consent of an Executive Council, it shall be lawful for the Governor in Council, under his hand and under the Public Seal of the Colony, from time to time as occasion may require, to delegate to the Executive Government for the time being of such Province, subject or not to any restrictions or limitations as he shall think fit, all or any of such powers vested in the Governor or the Governor in Council by the "Gold Fields Act, 1866," as under or by virtue of the one hundred and ninth section of the said Act may be delegated by the Governor in Council, and in like manner to revoke any such delegation: And whereas by an Ordinance of the Superintendent and Provincial Council of the Province of Otago, intituled the "Executive Council Ordinance, 1861," it is provided that the Superintendent of the said Province shall, in the administration of the government thereof, act by and with the advice and consent of an Executive Council: And whereas the Governor hath, with the advice and consent of the Executive Council of New Zealand, and in pursuance of the power and authority for that purpose vested in him by the "Gold Fields Act, 1866," and subject to its provisions, delegated unto the Executive Government for the time being of the Province of Otago all such powers vested in the Governor or the Governor in Council by the said last-mentioned Act, as under or by virtue of the one hundred and ninth section of the said last-mentioned Act, may be delegated by the Governor in Council, to have, hold, and exercise the said powers within the said Province of Otago: And whereas, by clause XLIX of the "Gold Fields Act, 1866," it is provided that if a Depasturing Lease or License shall not, at the date of the passing of the said Act, have been granted, or shall have been or shall be cancelled over any Crown Lands within a Gold Field, it shall be lawful for the Governor from time to time by Proclamation, to declare such Lands or any part thereof, open for sale or selection, in Sections of such size and form as he may determine, and any Lands so proclaimed may thereafter be sold at a like price, and subject to the like terms and conditions, or as near thereto as may be as Crown Lands of the same class not within a Gold Field, and it shall not be necessary to withdraw Lands from the operation of the said Act for the purposes aforesaid: And whereas at the date of the passing of the "Gold Fields Act, 1866," all Depasturing Licenses heretofore existing over the Crown Lands situated in the Towns of Queenstown, Lawrence, Cromwell, Clyde, Alexandra, and Roxburgh respectively, as the same are described in the Schedule hereto had been cancelled: And whereas the Executive Government of the Province of Otago have determined to open up for sale all the Crown Lands, whether surveyed or unsurveyed, situate and being within the said Towns of Queenstown, Lawrence, Cromwell, Clyde, Alexandra, and Roxburgh respectively, as to the said surveyed Crown Lands in Sections of the size and form in which the same have already been surveyed, and as the same are laid off and delineated in the Maps of the Chief Surveyor of the Province of Otago relative thereto respectively, and as to the said Unsurveyed Crown Lands in Sections of the size of one quarter of an acre each, such Sections to be of rectangular form, and of a depth of not less than twice the length of the frontage to the road or street on which the same shall abut: Now, therefore, I, James Macandrew, Esquire, Superintendent of the Province of Otago, in pursuance of the powers in this behalf vested in me, do hereby proclaim and declare that the said Crown Lands within the said Towns respectively hereinafter mentioned shall be opened for sale and selection accordingly.