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 by Clause forty-nine 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 hitherto existing over the Crown Lands situated in blocks 52, 47 and 46, Tokomairiro Survey District, 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 the Surveyed Crown Lands situated and being within the said blocks 52, 47 and 46, Tokomairiro Survey District, 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: 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 any wise enabling the said Executive Government in this behalf, proclaim and declare that from and after the date hereof all the Surveyed Crown Lands in the said blocks 52, 47 and 46, Tokomairiro Survey District, 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 laid off and delineated on the map in the office of the Chief Surveyor of the Province of Otago relative thereto.

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, do hereby cancel the said license, in so far as the lands comprised within the area hereinafter described are affected by the said license, but no further or otherwise (that is to say)—

All that area situated in Run 324, containing 3,650 acres, more or less, and comprised by the following boundary lines—viz., commencing at the mouth of the Afton Burn; thence easterly along the shore of Lake Wakatip to the base of the hills at Beach Bay; thence westerly along the foot of the hills to the Afton Burn; thence north-easterly along the Afton Burn to the commencing point.

Given under my hand and issued under the Public Seal of the Province of Otago, in presence of George Duncan and John Lillie Gillies, Esquires, two of the Members of the Executive Council of the said Province, being also Members of the Provincial Council thereof, this seventeenth day of January, one thousand eight hundred and seventy-one.

(L.S.)

J. MACANDREW,
Superintendent.

GEO. DUNCAN,
JOHN LILLIE GILLIES,

Members of the Executive Council of the Province of Otago, and of the Provincial Council thereof.

[Republished from last week’s Gazette, in consequence of several mistakes which then appeared.]

James Macandrew,
Superintendent
of the Province of Otago.

ORDER IN COUNCIL,

At the Provincial Government Buildings, Dunedin, the seventeenth day of January, one thousand eight hundred and seventy-one.

Present:

His Honor the Superintendent,
GEORGE DUNCAN, and
JOHN LILLIE GILLIES, 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) and comprising certain sections in blocks 52, 47 and 46, Tokomairiro Survey District, 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 forty-nine 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 hitherto existing over the Crown Lands situated in blocks 52, 47 and 46, Tokomairiro Survey District, 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 the Surveyed Crown Lands situated and being within the said blocks 52, 47 and 46, Tokomairiro Survey District, 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: 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 any wise enabling the said Executive Government in this behalf, proclaim and declare that from and after the date hereof all the Surveyed Crown Lands in the said blocks 52, 47 and 46, Tokomairiro Survey District, 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 laid off and delineated on the map in the office of the Chief Surveyor of the Province of Otago relative thereto.