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 sixteenth 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 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 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 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 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 the said lands hereinafter described are Crown Lands, subject to be dealt with under the provisions of the said sixteenth section of the "Gold Fields Act 1866," and are now, or lately were, held by Mr. David M’Kellar, under a lease for depasturing purposes, issued under the provisions of the "Otago Waste Lands Act 1866," and bearing date the 4th September, one thousand eight hundred and sixty-nine: And whereas the Executive Government of the Province of Otago have determined 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:

Now therefore I, James Macandrew, Superintendent of the Province of Otago, by and with the advice and consent of the Executive Council of the said Province, and 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 me in this behalf, do hereby cancel the said lease, 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)—

First Parcel

All that area situate in the Province of Otago, containing by admeasurement twenty-five (25) acres, more or less, being part of Run 137 in the Beaumont district, and now surveyed as part of the Town of Beaumont: bounded towards the north-west by the Clutha river, one thousand three hundred and fifty links; towards the north-east by Crown Lands and the north-east side of Falstone street, one thousand six hundred and ten links; towards the south-east by the south-east side of Stonewall street, one thousand three hundred links; and towards the south-west by the south-west side of Alston street, one thousand six hundred links.

Given under my hand, and issued under the Public Seal of the Province of Otago in presence of Donald Reid and George Duncan, Esquires, two of the members of the Executive Council of the said Province, being also members of the Provincial Council thereof, this twenty-second day of February, one thousand eight hundred and seventy.

(L.S.)

J. MACANDREW,
Superintendent.

D. Reid,
George Duncan,
Members of the Executive Council of the Province of Otago, and of the Provincial Council thereof.

Second Parcel

All that area in the Province of Otago, containing by admeasurement three thousand four hundred and eighty (3,480) acres, more or less, being part of Run numbered 194, situate in Wendon District being Block numbered one, (1) on the map of the said district: bounded towards the north by Crown Lands, fourteen thousand three hundred and three (14,303) links; towards the south-east by the Wakaia river, fifty-six thousand (56,000) links; towards the south-west by Garvie burn, fifteen thousand two hundred (15,200) links; and towards the north-west by Crown Lands, twenty-six thousand two hundred and eighty-seven (26,287) links.

Given under my hand, and issued under the Public Seal of the Province of Otago, at Dunedin, in presence of Donald Reid and George Duncan, Esquires, two of the members of the Executive Council of the said Province, being also members of the Provincial Council thereof, this twenty-third day of February, one thousand eight hundred and seventy.