OTAGO

PROVINCIAL GOVERNMENT GAZETTE.

(PUBLISHED BY AUTHORITY.)

Vol. XVIII. Dunedin: Wednesday, April 1, 1874. No. 901.

PROCLAMATION.

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

By His Honour 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 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 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 Mr. Joseph Clarke 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 of 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)—all that parcel of land in the Province of Otago, containing by estimation one hundred and seventeen (117) acres more or less, situated in block six (VI.) Benger District, and being part of Run numbered two hundred and fifteen (215), and extending along the Clutha River between the township of Ettrick and block numbered two (II.), Benger District, bounded as follows, that is to say:—towards the north-west, by the town of Ettrick, one hundred and seventy (170) links; towards the north-east, by the Clutha River, thirty-one thousand seven hundred (31,700) links; towards the south, by the said block numbered two (II.), five hundred and forty-nine (549) links; and towards the south-west, by a road line, thirty-one thousand five hundred and forty-five (31,545) links.

Given under my hand, and issued under the Public Seal of the Province of Otago, in presence of George Turnbull and Horace Bastings, Esquires, Members of the Executive Council