210

Present:

His Honor the Superintendent,

Donald Reid,

George M’Lean,

John L. Gillies,

and

John Mouat, Esquires,

Members of the Executive Council of the Province of Otago, being also Members of the Provincial Council of the said Province.

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, one thousand eight hundred and sixty-seven, constitute and appoint all the territory therein described (including amongst other lands the lands described in the Schedule hereto, comprising certain sections in the town of Naseby), to be a Gold Field, under the provisions of the “Gold Fields Act 1866,” to be called the “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 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 hitherto existing over the Crown Lands situated in the town of Naseby, specified in the Schedule hereto had been cancelled: And whereas the Executive Government of the Province of Otago have determined to open up for sale the Crown Lands situate and being within the said town of Naseby, specified in the Schedule hereto, in sections of the size and form in which the same have lately been surveyed, and as the same are now laid off and delineated in the maps of the Chief Surveyor of the Province of Otago relative thereto: Now, therefore, His Honor James Macandrew, 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,” and of any and every other power in anywise enabling the said Executive Government in this behalf, proclaim and declare, that from and after the day of the date hereof, all the Crown Lands in the said town of Naseby, specified in the Schedule hereto, shall be open for sale in sections of the size and form in which such Lands respectively have already been surveyed, and as the same are now laid off and delineated on the Map in the Office of the Chief Surveyor of the Province of Otago relative thereto.

SCHEDULE.

Sections 7 to 14, 28 to 30, 39 to 56, 63 to 65, 68 to 77, 107, 109, 110, 111 to 113, block I, as delineated on the record map of the town of Naseby, deposited in the Survey Office, Dunedin.

ALEX. WILLIS,
Clerk to the Executive Council.

PROCLAMATION.

Cancellation of Lease to Depasture Stock on certain Crown Lands in the Province of Otago.

By His Honor JAMES MACANDREW, Superintendent of the Province of Otago, in Council.

WHEREAS by the 16th section 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 of the said Act shall have been held under license or lease for depasturing purposes, it should be lawful for the Governor, at his discretion, to cancel the license 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 license or lease, or with the concurrence of the licensee, or lessee, to suspend such lease or license as regards the whole or any part of such lands: And 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, one thousand eight hundred and sixty-seven, constitute and appoint all the territory therein described, including amongst other lands the lands hereinafter described, 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 may 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 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 hitherto existing over the Crown Lands situated in the town of Naseby, specified in the Schedule hereto had been cancelled: And whereas the Executive Government of the Province of Otago have determined to open up for sale the Crown Lands situate and being within the said town of Naseby,