✨ Land Lease Cancellation




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 to suspend such license or lease, 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, 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 "Goldfields 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 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 the said lands are now, or lately were, held in occupation by Messrs Robert Wilkin and Archibald M'Murdo Thomson, under a lease for Depasturing purposes, issued under the "Otago Waste Lands Act 1866:" 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 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):β€”

All that part of Run 346, containing 5000 acres, more or less, lying between the Dart and Rees rivers, and comprised by the following boundary lines, viz., commencing at the mouth of Earnslaw creek; thence northerly along western bank of Rees river to a point one mile distant from boundary of run; thence by line running exactly north-west to boundary of run; thence westerly and southerly along boundary of run to a point due west of the western end of Diamond Lake; thence due east to Diamond Lake; thence along Lake Margin to source of Earnslaw creek, and down Earnslaw creek to point of commencement.

Given under my hand, and issued under the Public Seal of the Province of Otago, in presence of Donald Reid and George Duncan, Esquires, Members of the Executive Council of the said Province, being also Members of the Provincial Council thereof, this thirtieth day of December, one thousand eight hundred and seventy.

(L.S.)
J. MACANDREW,
Superintendent.

D. REID,
GEO. DUNCAN,
Members of the Executive Council of the Province of Otago, and of the Provincial Council thereof.



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Online Sources for this page:

VUW Te Waharoa PDF Otago Provincial Gazette 1871, No 707





✨ LLM interpretation of page content

πŸ—ΊοΈ Cancellation of Lease to Depasture Stock on certain Crown Lands in the Province of Otago (continued from previous page)

πŸ—ΊοΈ Lands, Settlement & Survey
30 December 1870
Lease Cancellation, Depasturing Stock, Otago, Gold Fields Act
  • Robert Wilkin, Lease holder for depasturing purposes
  • Archibald M'Murdo Thomson, Lease holder for depasturing purposes

  • James Macandrew, Superintendent of the Province of Otago
  • Donald Reid, Member of the Executive Council of the Province of Otago
  • George Duncan, Member of the Executive Council of the Province of Otago