ne,v zealand~ · 384 1883, no. 27.) special powers and contracts. [47 viet. ne,v zealand~ title....

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384 1883, No. 27.) Special Powers and Contracts. [47 VIeT. Ne,v Title. Preamble. 1. Short Title. 2. Crown Grants to issue. 3. Legal estate may be antevested. ANALYSIS. 4. Provision in case of land inalienable for e, longer period than twenty-one years ex- cept with consent of Governor. Schedule. Title. Preamble. Short Title. Crown grants to issue. 1883, No. 27.-Local. AN ACT to grant certain Special Powers to the Governor to issue Crown Grants, and to enable him to carry out certain Contracts and Promises. [8th September, 1883. WHEREAS it is expedient and necessary to give the Governor power to issue the Crown grants and to do, execute, and perfonn the several acts and things set forth in the second column of the Schedule hereto, in fulfilnlent of the promises and for the several reasons and purposes set forth in the first column of such Schedule: BE IT THEREFORE ENACTED by the General Assembly of New Zealand in Parliament assenlbled, and by the authority of the same, as follows :- 1. The Short Title of this Act is "The Special Powers and Contracts Act, 1883." 2. The Governor may issue such Crown grants and do, execute, and perform the several acts, deeds, Inatters, and things which are specified in the second column of the Schedule hereto. All Crown grants, acts, deeds, matters, and things so issued, done, executed, or performed shall be good, valid, and effectual to all intents and purposes whatsoever. Legal estate may be 3. For the purpose of evidencing the title to any land specified antevested. in the said second column of the Schedule, the Governor may, in any Crown grant issued under the authority hereof, antevest the legal estate in the grantee to such date as he thinks fit. in case of 4. In respect to any land mentioned in the Schedule hereto for which is to be inn lienable by sal n lease gift or mortaaae for a longer a longer penod than cu G, (" OC b \ years period than twenty-one years except with the consent of the Governor, consent it is hereby declared that no lease of any such land for the period of twenty-one years or a less period shall be valid, unless such lease is sold at public auction after not less than thirty days' public notice of such auction has been given in some newspaper having general circulation in the district wherein the lands offered for lease are

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Page 1: Ne,v Zealand~ · 384 1883, No. 27.) Special Powers and Contracts. [47 VIeT. Ne,v Zealand~ Title. Preamble. 1. Short Title. 2. Crown Grants to issue. 3. Legal estate may be antevested

384 1883, No. 27.) Special Powers and Contracts. [47 VIeT.

Ne,v Zealand~

Title.Preamble.

1. Short Title.2. Crown Grants to issue.3. Legal estate may be antevested.

ANALYSIS.4. Provision in case of land inalienable for e,

longer period than twenty-one years ex­cept with consent of Governor.

Schedule.

Title.

Preamble.

Short Title.

Crown grants toissue.

1883, No. 27.-Local.AN ACT to grant certain Special Powers to the Governor to issue Crown

Grants, and to enable him to carry out certain Contracts andPromises. [8th September, 1883.

WHEREAS it is expedient and necessary to give the Governor powerto issue the Crown grants and to do, execute, and perfonn the severalacts and things set forth in the second column of the Schedule hereto,in fulfilnlent of the promises and for the several reasons and purposesset forth in the first column of such Schedule:

BE IT THEREFORE ENACTED by the General Assembly of NewZealand in Parliament assenlbled, and by the authority of the same,as follows :-

1. The Short Title of this Act is "The Special Powers andContracts Act, 1883."

2. The Governor may issue such Crown grants and do, execute,and perform the several acts, deeds, Inatters, and things which arespecified in the second column of the Schedule hereto.

All Crown grants, acts, deeds, matters, and things so issued,done, executed, or performed shall be good, valid, and effectual to allintents and purposes whatsoever.

Legal estate may be 3. For the purpose of evidencing the title to any land specifiedantevested. in the said second column of the Schedule, the Governor may, in any

Crown grant issued under the authority hereof, antevest the legalestate in the grantee to such date as he thinks fit.

Pro~si0t: in case of 4. In respect to any land mentioned in the Schedule heretolandmahen~blefor which is to be inn lienable by saln lease gift or mortaaae for a longera longer penod than cu G, (" OC b \

twenty-o~e years period than twenty-one years except with the consent of the Governor,~rG~;e;~~.consent it is hereby declared that no lease of any such land for the period of

twenty-one years or a less period shall be valid, unless such lease issold at public auction after not less than thirty days' public notice ofsuch auction has been given in some newspaper having generalcirculation in the district wherein the lands offered for lease are

Page 2: Ne,v Zealand~ · 384 1883, No. 27.) Special Powers and Contracts. [47 VIeT. Ne,v Zealand~ Title. Preamble. 1. Short Title. 2. Crown Grants to issue. 3. Legal estate may be antevested

47 VIeT.] Special Powers and Contracts. [1883, No. 27. 385

AUCXLAND.

Schedule.

fine, premium,situate; and also that such lease is sold without anyor foregift being paid or received in respect thereof.

t~ SCHEDULE.FIRST COitfN.

1. To enable the Board of Governors ofAuckland College and Grammar School toconstruct a road through the land described,so that access may be regained to the mainroad to Auckland, approach to which wascut off by the construction of the AucklandWaikato Railway.

SECOND COLUMN.1. Notwithstanding any provision in

"The Public vVorks Act, 1882," mayconvey to the Board of Governors of theAuckland College and Grammar School allthat parcel of land in the Provincial Dis­trict of Auckland, containing by admea­surement thirty-three perches and decimalsix (33'6) of a perch, more or less, in theRangitoto Survey District, and being por­tion of Allotments Nos. 16, 17, 18, 21,22, 23, and 24, of a subdivision intoallotments of original Allotment No.9, ofSection No. 95, of the Suburbs of Auck­land. Bounded towards the North-eastby lines, 76·1 links, 51 links, and 114'8links; towards the South-east by a line,126'8 links; towards the South-west bya line, 253 links; and towards the North­west by a street, 82'4 links: be all theaforesaid linkages more or less; as thesame is delineated on Plan No. 3003, de­posited in the Survey Office at Auckland.

2.. To provide a public hall for the 2. May, by notice in the Gazette, vest ininhabitants of Pokeno, Parish of Manga- nine Trustees upon trust as a site for atawhiri, Provincial District of Auckland. public hall the undermentioned parcel of

land, together with the buildings thereon,namely: All that parcel of land in theProvincial District of Auckland, contain­ing by admeasurement 32 perches, more orless, being Lot 144A of Section 1, Parishof 11angatawhiri. Bounded towards theNorth-east by Lot 144,100 links; towardsthe South-east by Lot 144 aforesaid, 200links; towards the South-west by a roadline, 100 links; and towards the North­west by a road, 200 links: be all theaforesaid linkages more or less. The landto be held by the Trustees under the pro­visions of "The Public Reserves Act,1881," and any Acts amending the same.Any vacancies which may occur in theTrust may from time to time be filled upby the Governor by notification in theNew Zealand Gazette.

• 3. It being desirable to change the 3. :May,uponpaymentofasumtobefixedurpose of a portion of Allotment No. 20, by the Government, being the present value

Section No.9, of the Suburbs of Auckland, of the said land, issue a Crown grant in feeParish of Waitemata, and County of Eden, to the Mayor, Councillors, and citizens ofwhich was, under the provisions of section the City of Auckland of all that piece or11 of "The Auckland Waste Lands Act, parcel of land in the Provincial District of1867," proclaimed and declared, on the Auckland, containing by admeasurement10th day of October, 1874, by John 4 acres and 1 rood, more or less, situatedWilliamson, the Superintendent of· the in the Parish of Waitemata and vVaitemataProvince of Auckland, and upon the Survey District, and being the easternrecommendation of the Auckland Provin- portion of Allotment No. 20, of Sectioncial Council made in conformity therewith, No.9, of the Suburbs of Auckland.as a reserve, and dedicated for the public Bounded towards the North-west by thepurpose of an endowment for or towards I Waitemata Harbour; towards the North­the maintenance and support of the-lunatic east by the Waitemata Harbour aforesaid

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386 1883, No. 27.] Special PO'll)e1~S and, Oontracts. (47 VIeT.

40

40

40

40

30

30

40.

30

30

IArea..Description of Land.

Lot No.8, of subdivision ofLot 18, Parish of Katikati

Lot No.9

Isabella Neighbour, wife of JamesLovel Neighbour, of Tauranga,settler

Jervis Faulkner, of Tauranga,half-caste

Eliza Bush, wife of Robert SmeltBush, of Opotiki, gentleman

Alfred Faulkner, of Katikati,half-caste

Lot N0.10, of subdIvision ofLots 18 and 22, P~rish of.n..atikati

1, George Frederick Christopher Lots Nos 85, 86 and 87,Faulkner; and 2, Clara Maud Parish of KatikatiFaulkner, children of GeorgeFa.ulkner, half-caste, decea.sed' I

. J

4. For the purpose of rectifying certainprocedures under the Native Lands Acts,and to more satisfactorily determine thetitles, according to Native customs andusages, to the blocks of land known asPaengaroa, Rauo-te-Huia, Pukehina, Puke­tauhinu, Whakapaupakihi No.1, Mata­hina, Pokohu, and Hauturu, renderednecessary by technical errors and defaultsin the procedures aforesaid, having norelation to the several titles on the merits.

SECOND COLUMN.and Allotment No. 18A" 1130 links; andtowards the North-west by a road reserveand the western portion of Allotment No.20 aforesaid, 1930 links: be all the afore­said linkages more or less.

4. May declare that the several parcelsof land knownasPaengaroa, Rauo-te-Huia,Pukehina, Puketauhinu, WhakapaupakihiNo.1, Matahina, Pokohu, and Hauturu,shall be thereafter deemed and taken to belands held by the Native owners accordingto Native customs or usages in the mannerthey were severally held before any actionin relation thereto was taken in anyNative Land Court, and may declare it tobe a duty of the Native Land Court ofNew Zealand to investigate, according andsubject to its ordinary practice, the titlesto such lands, and to ascertain who maybe the owners thereof according to Nativecustoms or usages, and may declare appli­cations for investigation of title heretoforemade by any Natives claiming to beowners to be good and valid applicationsuuder "The Native Land Court Act,1880."

5. The half - caste I 5. May issue Crown grants to the persons named in thechildren of Rihepete Puhi first column in the under-mentioned Schedule for the lands(Mrs Faulkner), of Tau- respectively described in the second and third columnranga, who had not joined therein. The grants to be antevested as from the 11thin rebellion, petitioned May, 1877, and issued without restrictions upon alienation.Parliament for compensa-tion for land which had SCHEDULE.been confiscated by the IGovernment, anq. the Names and Description of Grantees.Native Affairs Com-mittee, on 25th Septem- ACRES.

bel', 1873, recommended John Faulkner, alias Haki Lot No.1, of subdivision of 30that the sons of Rihepote Pakana, of Tauranga, half- Lot 20, Parish of Katikatishould be awarded thirty I caste

h t f th Joseph Faulkner, of Tauranga, Lot No.2acres eac ou 0 e half-castelands in the Tauranga :Maria Maxwell, "dfe of James Lot No.3district. Subsequently Max,well, of Hokianga, set~ler

Sir Donald McLean as Jane Sell~rs, of 'l'auranga, WIdow Lot No.4. . . ' of Damel Sellars, deceased

N~tIve MmIst~r, pr~- 1, Elizabeth Regina Beazley; 2, Lot No.5Illised that Rlhepete s William Henry Beazley; 3,five dauahters should George Beazley; 4, Johnhave two bhundred acres Beazley; 5, Mary Eliza Munro

b h Beazley; 6, Sarah Janeetween t em. Beazley, of Hbkianga: all

children of Elizabeth Beazley,decoased

Ohristopher Faulkner, of Kati- Lot No.6, of subdivision of 30kati, half-caste Lots 20 and 18, Parish of

KatikatiLot No.7

~FIRST COLUMN.

a.nd other asylums within the Province ofAuckland, which portion is found to beuseless for such purpose.

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47 VIeT.] Spec·ial P01liers and Contracts. [1883, No. 27. 387

9. A Courthouse having been erectedon another site at \Vaiuku, in the Pro­vincial District of Auckland, it is desirableto sell the old Courthouse and site.

8. To give effect to the recommendatio~of the Waste Lands Committee, dated the30th day of August, 1882, on Petition No.453.

FIRST COLUMN. I

6. It being desirable to change thep~of a portion of the reserve for aril~ ;~~ge at Mangapiko with the view ofmaking provision for certain Natives interms of the \Vaikato Confiscated LandsActs.

r7 j I 7. To give legal effect to an arrange-

-, iment made by the Han. Mr. Whitaker ini Qctober, 1880, with a view to the settle­/ ment of a lGng-pending land dispute withl:ertain Natives of Hikutaia.

SECOND COLUMN.

6. :M:ay, by warrant, gazetted, changethe purpose of all that parGel of land inthe Provincial District of Auckland, con­taining by admeasurement 19 acres 1 rood,being Lot No. 326A, Parish of 1'langapiko,from a HiLle Bange Heserve to a reserve interms of the \Vaik8"to Confiscated LandsActs, and upon the gazetting of suchwarrant the purpose of the said reserveshall be deemed to be so changed.

7. 1\:1ay grant to Tamati Paetai, TeAmo Paetai, Hangihooro Paetai, \VikitoriaTo \V~w, 'and Miriama Konehu, in fee­simple, as tenants in common, SectionNo.1, Block VI., Ohinemuri Survey Dis­trict, in the Provincial District of Auck-land, containing 260 acres, more or less.The land to be inalienable, except witbthe consent of the Governor previouslyobtained, by sale, gift, mortgage, or bylease for a longer period than twenty-oneyears. The Governor may reserve in thegrant a right of road in any part of thesaid land not exceeding 100 links wide.

8. May issue a Crown grant to JaneMaria Phillips (half-caste) for SectionNo. 11, Block VI., Waoku Survey District,Provincial District of Auckland, containing68 acres 1 rood.

9. May sell by public auction, and exe­cute a conveyance fOl the following pieceof land in the Village of vVaiuku, beingLot No. 18:-

All that allotment or parcel of land,containing by admeasurement 1 rood,more or less, situate in the Village ofWaiuku, Parish of Waiuku and Countyof Eden, and being Allotment No. 18.Bounded on the North by Lot No. 17,250 links; on the East by a road, 100 links;on the South by Lot No. 19, 250 links;and on the vVest bv Lot No. 38, 100 links.vVith the buildings' thereon and the rightsand appurtenances thereto belonging.I 10. The Komata North Block, Hauraki, 10. May issue Crown grants in favour of

rwhich contains 888 acres, was put through Tukukino for the under-mentioned lands,the Native Land Court about 1870 in the viz.: 222 acres, more or less, situated inabsence in Waikato of Tukukino, who was the Te Komata North Block, No. 2268, inthe recognized chief of the locality. It the Waihou and Ohinemuri Survey Dis­vms awarded to eight o\vners, of whom tricts, in Blocks Nos. XII. and IX. respec­Tukukino was one; seven of the owners tively, and being Section No. 2 in the

~7J/v sold, but Tukukino would neither sell nor former and Section No. 3 in the latter\~ recognize the right of the other natives, survey district, in the Provincial District

and asserted his ownership to the whole of Auckland; and 50 acres, more or less,block. To prevent a serious complication situated in the Te Komata North Block,the Government some years ago bought No. 2268, in the Waihou Survey District,from the European purchaser the seven and being Section No.6 of Block XII., inundivided shares in the block held by him, the Provincial District of Auckland. Thebut the land could not be utilized owing lands to be inalienable, except with theto Tukukino's attitude. The HOll. Native consent of the Governor previously ob­Minister, on the 14th March, 1883, in tained, by sale, gift, mortgage, or by leasesettlement of the difficulty, arranged that, for a longer period than twenty~oneyears.upon Tukukino conveying his share of i The Governor may reserve in the grants

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388 1883, No. 27.J Special PoweTs and Contracts. [47 VIeT.

FIRST COLUMN.

the land to the Queen, a grant should bemade to him of the land upon which hissettlement was situated, 222 acres, andalso the burial-places of his ancestors, 50acres. Tukukino accepted this arrange­ment, and has .conveyed by deed to theQueen his interest, one-eighth, in thewhole block. The land to be granted tohim is described in the second column.

\ 11. In 1871 the sections enumerated inthe second column were promised to begranted to Samuel Ludbrook Clarke, ascmnpensation for a public road from TePapa to Judea (new portion), taken throughhis property, as described in a Proclama­tion published in the New Zealand Gazetteof 5th May, 1871.

12. Mr. John Chambers being desirousof obtaining a lease, to a company to behereafter formed, of portions of foreshoreas described in the second column hereto,for the purpose of working the iron-sanddeposits thereon, the Land Board ofAuckland has recommended that leasesbe issued for a period of 66 years, whichrecommendation cannot be given effect toowing to the provisions of "The HarboursAct, 1878."

SECOND COLUMN.

a right of road in any part of the said landsnot exceeding 100 links wide.

11. May grant, under the provisions of"The Crown Grants Act, 1866," and" TheCrown Grants Act Amendment Act, 1867,"to Samuel Ludbrook Clarke, of Tauranga,Allotments numbered 507, 508, 509, and510, of Section No.2, of the Town ofTauranga, containing 3 acres 2 roods and20 perches. Bounded towards the North­east by the Eleventh Avenue, five hundredand forty-five (545) links; towards theSouth-east by Clarke Street, five hundredand ninety (590) links; towards theSouth-west by Stack Street, seven hundredand fifty (750) links; and towards theNorth-west by a road-line, one hundredand eighty-three (183) links and threehundred and seventy-two (372) links: beall the aforesaid linkages more or less.

12. May issue leases of the lands here­inafter described, to any company thatmay be registered for the purpose ofworking the iron-sand deposits, upon suchterms as he may think fit, for any periodnot exceeding 66 years, namely: All thatparcel of land being part of the foreshoreof the Manukau Harbour, containing byadmeasurement 7 acres 1 rood and 25perches, more or less. Bounded towardsthe North by the seaward boundary ofLot 6 of Section 30 of the Town of One­hunga, and the seaward boundary of theroad to the eastward of said Lot 6; to­wards the East by a line being the pro­duction of the western boundary of Lot8 of Section 27 of the Town of Onehungaaforesaid, 1620 links; towards the Southby a line, 222 links; and towards theWest by lines, 330 links, 1240 links, and519 links: be all the aforesaid linkages,more or less.

Also, the foreshore between high- andlow-water mark, extending for a dis­tance of about four miles, commencing ata point by the production to the sea-coastin a westerly direction of the northernboundary of Lot 59 of the Parish ofKarangahape, and extending thence in asoutherly direction to Paratutai, on theNorth Head of Manukau Harbour, withliberty to take iron-sand from the adjoiningsandhills at such places and in such manneras shall be approved of by the Governor.Also, the foreshore between high- and low­water mark, commencing at a point being

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47 VWT.] Special Powers and Oontracts. [1883, No. 27. 389

FIRST COLUMN.

13. In order to secure a continuous roadfrontage to Crown and freehold lands inthe Taramarama and Waiau Survey Dis­tricts, County of 'Vairo3J.

14. In 1851 certain land abutting onAlten Road, Auckland, was granted tocertain trustees for the maintenance of acollege and grammar school. In conse­quence of inaccuracy of the surveys, theline between the land so granted and thisstreet was placed in a wrong position, asnow appears from a recent accurate sur­vey. The strip of land described in thesecond column, therefore, is found tointervene between the grammar schoolland, as described by the grant of 1851,and the street. Buildings and fences havebeen erected on the land, and the streetmade and used outside the fence. Thegrammar school leases are just falling inand the property is about to be againleased. The object is to remove all ques­tion of title before the new leases areissued.

15. To give legal effect to an arrange­ment made by the Mayor, Councillors,and citizens of the City of Auckland ,,,iththe Auckland College and Grammar Schoolby which the lands described in the secondcolumn, which are parts of a piece ofland granted on the 27th day of Feb­ruary, 1873, to the Superintendent ofAuckland and his successors, by deed ofgrant registered in the Land RegistryOffice at Auckland, Vol. vi., folio 85, asa site for a Grammar School and play­ground, and which are now, by virtue ofH The Au.ckland College and Grammar

SECOND COLUMN.

the production to the sea-coast in awesterly direction of the line which formsthe northern boundary of Lot 141 of theParish of Awitu, and extending thencealong the sea-coast in a southerly direc­tion for a distance of two miles.

13. May exchange with the owners ofthe Owhio and Pihanui Nos. 1 and 2Blocks, situated in the County of Wairoa,the Crown lands lying between the roadwhich runs along near their boundary andthe said boundary for equal areas of thesaid blocks which lie between such boun­dary and the said road.

Or, in case equality of exchange cannotbe effected, may, for the purpose of arriv­ing at such equality, either purchase landfrom the owners aforesaid within the saidlimits, at a price not exceeding fifteen shil­lings for every acre, or may sell to the saidowners Crown lands between the said roadand boundary at a price not less thanfifteen shillings for every acre.

14. May issue a Crown grant to theGovernors of the Auckland College andGrammar School for the following pieceofland:-

All that parcel of land in the ProvincialDistrict of Auckland, containing by ad­measurement 2 roods and 2 perches, moreor less, situated in the City of Auckland,in the Rangitoto Survey District, andbeing a portion of the western side of theAlten Road as originally surveyed, andlying between Wynyard and StanleyStreets. Bounded towards the North­east generally by lines, 151 links, 73'3links, 60'3 links, 143 links, 221 links, and219·5 links respectively; towards theSouth-east by Stanley Street, 25 links;towards the South-west generally byAllotment No. 20 of Section No.9, 243links, 458 links, 154·5 links, and 11 linksrespectively; and towards the North-westby VVynyard Street, 57 links, to thecommencing point; be all the aforesaidlinkages, more or less; as the same isdelineated on Plan No. 2772, deposited inthe Survey Office at Auckland.

15. May, by notice in the Gazette,declare that all that parcel of land, con·taining by admeasurement 7 perches,situated in the City of Auckland, in theRallgitoto Survey District, in the Provin­cial District of Auckland, being a part ofthe south-west portion of Section 34,bounded towards the South-west by partof the south-west portion of Section 34:,362'6 links; towards the South-east byWynyard Street, 12·1 links; towards theNorth-east by other part of Section 34,362·6 links; and towards the North-westby Symonds Street, 12'1 links, to the point

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390 1883, No. 27.J Special Powers and Contracts. l47 VICT.

FIRST COLUMN.

School Act, 1877," vested in the AucklandCollege and Grammar School for the pur­pose specified in the said Act, should here­after be vested in the 1\1ayor, Councillors,and citizens of the City of Auckland asand for a street and public highway.

16. Under "The Auckland Improve­ment (Albert Barracks Reserves) Act,1872," as amended by "The AucklandImprovement Act, 1873," and under "TheAuckland Improvement CommissionersTransfer of Powers Act, 1879," the bodycorporate of the Mayor, Councillors, andcitizens of .the City of Auckland wererequired to set out and reserve, as abso­lutely inalienable, not less than 15 acresof the land described in the First Scheduleto the first-mentioned Act, and were em­powered to layout, plant, and enclose thesame, as mentioned in section 13 thereof;but it was required by section 14 of thefirst-mentioned Act, as amended by thesecond-mentioned Act, to layout a streetfrom Coburg Street, near Victoria Street,to Princes Street, with as good gradientsas could be conveniently obtained, whichthe said body corporate did, and called thesaid street Bowen Street; but the saidbody corporate lately formed and com­pleted an adjoining public street calledVictoria Quadrant, and being one of theboundaries mentioned in the said Schedule,which connects the said points, and pro­vides full and ample communication fromCoburg Street, near Victoria Street, toPrinces Street aforesaid; and it isdesirable that the said body corporateshould have power to enclose the saidpiece of land called. Bowen Street, anddeal with the same as though the samewere part of the said 15 acres mentionedin said section 13 of the said first­mentioned Act.

~17. To give effect to a promise of the late

Mr. McLean, Land Purchase Commis­sioner.

SECOND COLUMN.

of commencement; and all that parcelof land, containing by admeasurement17'2 perches, situated in the City of Auck­land, in the Rangitoto Survey District, inthe Provincial District of Auckland, beinga part of the south-west portion of Section34, bounded towards the North-west byother part of the south-west portion ofSectio1l34, 202'2 links ; towards the South­east by Wynyard Street, 166'7 links; andtowards the South-west by Gillies Street,129'5 links, to the point of commence­ment: shall be changed from a reserve asa site for a grammar school and play­ground, or for educational purposes, tostreets within the meaning of " TheMunicipal Corporations Act, 1876," andthereupon the said two pieces of land shallbecome vested in the Mayor, Councillors,and citizens of the City of Auckland asstreets.

16. May, by notice in t4e Gazette,declare that all that piece or parcel ofland in the City of Auckland, being partof the land firstly described in the FirstSchedule to "The Auckland Improvement(Albert Barracks Reserves) Act, 1872," andbeing that part thereof which was formedand is now known as Bowen Street, shallthereafter be held by the Mayor, Council­lors, and citizens of the City of Auckland,as absolutely inalienable, as ground forrecreation and amusement, and with thesame powers as is specified in section 13of "The Auckland Improvement (AlbertBarracks Reserves) Act, 1872, as thoughthe said street had formed part of the 15acres therein mentioned.

17. 1\1ay issue a Crown grant to RawiriWaiaua, for Section No. 28, BellDistrict, Paritutu Survey District, Pro­vincial District of Taranaki, containing20 acres, more or less. The land to be

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4:7 VICT.] Special Powers and Oontracts. [1883, No. 27. 391

FIRST COLUMN.

---~18. The Provincial Government of Tara-

naki, in the year 1855, decided to open anew street in the Town of New Plymouth,connecting Courtenay Street with EliotStreet. Among other lands required forthe purpqse _was part of Allotment No.1715, and arrangements were made withIsaac Newton vVatt, then owner of thesaid allotment, whereby he agreed to sur­render to the Superintendent of Taranaki25 perches thereof, receiving in exchange17 perches of Allotment No. 1696, thenvested as a reserve in the said Superinten-dent.

Under "The New Plymouth ExchangesCommission Act, 1865," and Acts amend­ing the same, bearing date respectively1866 and 1867, Commissioners were ap­pointed to inquire into and confirm ex­changes of land in the Town of New Ply­mouth made by the Provincial Governmentfor purposes of public utility, and con­firmed, among others, the above-mentionedexchange, ratifying the same as betweenthe Superintendent and Thomas Hirst, theowner of Allotment No. 1715 at the timeof the Commissioners aw~rd.

In the year 1874 the New PlymouthExchanges Completion Act was passedfor the purpose of completing the awardsof the Exchanges Commissioners above

. referred to, and in the Schedule theretothe above exchange is erroneously set forthas a surrender of the whole of AllotmentNo. 1715 by Thomas Hirst, in exchangefor 17 perches of Allotment No. 1696, andgiven effect to accordingly.

In order to remedy the above error, andto give effect to the original exchangemade between the Provincial Governmentof Taranaki and the owner of AllotmentNo. 1715, may reconvey the land described. the second column.

I 19. The Education Board having erected. school-buildings on Sections Nos. 8 and 19,I Block II., Manaia Township, which hadI..been res~rved for municipal purposes, it is, proposed to change these reserves from

lClass I. to Class III. in the Schedule to"The Public Reserves Act, 1881," whichcannot now be done owing to the provisionsof that Act. The Manaia Town Boardconcurs.

20. By conveyance dated 19th Decem­ber, 1874, and issued under the authority of

SECOND COLUMN.

inalienable by sale or by lease for a longerperiod than twenty-one years, or by mort­gage, except with the consent of theGovernor previously obtained to everysuch sale, lease, . or mortgage. TheGovernor may reserve in the grant a rightof road in any part of the said land notexceeding 100 links wide.

18. May, on deposit of Crown grant ofAllotment No. 1715, in the Town of NewPlymouth, in the custody of the Registrarof Deeds, in the name and on behalf ofHer Majesty the Queen, execute a con­veyance, free of cost, of 17 perches ofAllotment No. 1696, in the said town, toThomas Hirst.

19. May, by notice ill the Gazette,change the purpose of Sections Nos. 8 and19, Block 11., Town of Manaia, from" municipal purposes" to a " school site."

20. May, on receipt of a certificate of WELLINGTON,

title under the Land Transfer Act, in

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an Ordinance of the Provincial Council ofthe Province of Wellington, Session XI.,No. 10, intituled, " An Act to grant a pieceof Ground to the Society of Freemasons,"the Superintendent conveyed, as in saidOrdinance provided, all that parcel ofland situate in the City of \Vellington,containing twenty-seven and a half (27t)perches, more or less, being part of BlockVII., reclaimed land. Bounded towardsthe North-east, 100 feet, by Sections 9 and10; towards the South-east, 75 feet, bySection 7; towards the South-west, 100feet, by Ballance Street; and towards theNorth-west, 75 feet, by Lambton Quay:be all the said several admeasurementsmore or less.

This land, being a portion of the blockupon which the Supreme Court and PoliceBuildings in the -City of Wellington areerected, and being adjoining the PoliceCourt Buildings, it is desirable to have thesaid land reconveyed to the Crown to pre­vent its use for purposes other than as asite for future extension of Governmentbuildings.

21. On the 23rdMarch, 1872, the Superin­tendent of Wellington purchased SectionNo. 443, in the Township of Palmerston,Manawatu District, containing 198 acres1 rood and 27 perches, for the sum of£198 5s., with the intention of resellingthe land to one Peter Pope Fagg, on de­ferred payments, on condition that it wasused for growing hops. 1\fr. Fagg paid adeposit of £30 to the Provincial Treasuryat the time the land was purchased by theProvincial Government.

The ¥laste Lands Committee have re­commended this session that the landshould be offered for sale as of specialvalue, and weighted with improvements.

MABLBOBOUGH. r 22. The portion of the reserve described" /'/,. in the second column hereto being no

Jt.? ~'-!~ . longer required as a resting-place for stock,J '\ ()! i it is proposed, on the recommendation of

L' the Marlborough Land Board, to offer itfor sale.

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favour of Her lVlajesty, from the persons,in connection with the Society called theOrder of Freemasons, in whom the landdescribed in the first column hereto may beat present vested, convey to such personsas he shall think fit, all that parcel ofland situate in the City of \Vellington, con­taining by admeasurement thirty-six (36)perches, more or less, and being Sections9 and 10 of Block V., reclaimed land.Bounded towards the North-east by Sec­tion 8,99 feet; towards the South-east bySections 4 and 5, 99 feet; towards theSouth-west by Section 11, 99 feet; andtowards the North-west by Stout-street,99 feet: be all the said several admea­surements more or less.

To hold the same upon such trusts forbhe use and benefit of every regularly con­stituted Lodge within the City of Wel­lington, holding a charter from any recog­nized Grand Lodge of the said Order, asthe Governor may approve jn any con­veyance t~at he may execute.

21. May, by notice in the Gazette, directthe Commissioner of Crown Lands atWellington to sell by public auction theland described in the first column hereto,at such upset price per acre as may befixed in such notice; the sum of £30,paid by Peter Pope Fagg, and the value ofthe improvements which have been effectedupon the land, being added to the upsetprice:

Such sum of £30 and the amount of thevaluation of the improvements to be paidto the present occupant of the section,James Fowler (who has purchased it fromPeter Pope Fagg) , as provided by section155 of "The Land Act, 1877," in the eventof his not acquiring the land when sub­mitted to auction.

22. May sell by public auction the landhereinafter described, and may executetitles under the Land Transfer Acts to theseveral persons who may purchase anyportion or portions of the same.

All that piece or parcel of land in theProvincial District of Marlborough, beingpart of Section two hundred and twenty­six (226), in the District of KaikouraSuburban; approximate area, one hundredand sixty-five (165) acres. Bounded~

Northerly by a public road; North-westerlyby another public road; South-westerly \partly by Section one of one hundred andninety (1 of 190), and partly by Sectiontwo of one hundred and ninety (20£ 190) .;and Easterly by the edge of the terracerunning through the said seeticn: as thesame is more particularly delineated· on

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the official map in the office of the ChiefSurveyor, Blenheim.

23. Reserve No. 161 was made for Pro- 23. May, by notice in the Gazette, changevineial Government an:1 other public pur- i the purpose from Provincial Governmentposes, an:1 ~t is no,,:, exp'"")~ient to S3t a1?3Jrt I and other public purposes to a recreation-the rema1l1ll1g podIOn of It as a recreatIOn- ground. .grounl, which cannot be done owing to All tInt p'1rcel of land in the HaJswellthe provisions of " The Public R3serve Act, Survey District, Provincial District of1881." Canterbury, containing by admeasurement

188 acres 3 roo:1s 11 perches, more or less,being Section No. 161 (in red). Boundedtowards the North by Section No. 2147,4491'7 links; towards the East by SectionNo. 20922, 5256 links; towards the Southby Sections Nos. 1122', and 11170, 4019'6links; and towards the vVest by theDyer's Pass Road; subject, nevertheless,to a road-line 1 chain wide branching fromthe Dyer's Pass Road, and leading to Sec­tion No. 11170: as the same is delineatedon the official map in the District SurveyOffice, Christchurch.

24. Notwithstanding anything in "ThePublic Reserves Sale Act, 1882," to thecontrary, the Governor may by Order inCouncil vest part of Reserve No. 178, con­taining 180 acres, which was Crown­granted on the 21st February, 1870, tothe Superintendent of Canterbury and hissuccessors in trust as a site for a ferry, inthe Board of Conservators of the SouthvVaimakariri District, in trust for the im-provement and protection of the banks ofthe Waimakariri River.

25. l\fay, by notice in the Gazette,change the purpose from hospital site to asite for a drillshed of part of Reserve No.204 (in red), in the Town of Timaru, con­tainingtwo roods. Bounded-Northwardby North-street, 200 links; Eastward byRose Street, 250 links; and Southwardand westward by lines parallel to thenorthern and eastern boundaries.

26. May, by notice in the Gazette,authorize the sale of the under-mentionedland, viz. :-

All that parcel of land in the ProvincialDistrict of Canterbury, containing by ad­measurement 301 acres, more or less, beingthe strip of land, 3 chains wide, extendingfrom the southern bank of the River Wai-para in a southerly direction to ReserveNo. 119 (in red): as the same is delineatedon the plan deposited in the District Sur­vey Office, Christchurch. Save and ex­cepting so much of the above describedarea as may be required for the purposesof public roads or railways.

Also all that parcel of land in the Pro­vincial (in red) District of Canterbury, con­taining by admeasurement 87 acres, moreor less, being a strip of land 3 chains wide,

. situate in the Oxford and Kowai Survey

25. Reserve No. 204 (in red), in theTown of Timaru, was made in 1866 for ahospital. The hospital buildings havingbeen since erected in another place, it isnot required for the purpose, and it is ex­pedient to set apart a portion of it as asite for a drillshed.

24. It was enacted by "The PublicReserves Sale Act, 1882," that theGovernor might declare part of ReserveNo. 178, containing 180 acres, in theCounty of Selwyn, open for sale under theprovisions of "The Land Act, 1877." Itis now, however, considered desirable tovest the land in the Board of Conservatorsof the South Waimakariri District.

26. The portions of the railway re­serve not numbered between Balcairnand Waipara, and Reserve No. 457, whichare described in the second column hereto,being no longer required for the purposefor which they were set apart, it is deemeddesirable to sell them. .

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27. The land described in the secondcolumn was transferred to Her 1\1ajestythe Queen by Elizabeth Ann Carter as asite for a Courthouse at Amberley. Thepurchase-money was not paid. A moreconvenient site having subsequently beenobtained, it is desirable to re-transfer theland to the original owner.

28. On the 15th April, 1874, GeorgeWillis conveyed to the SupOlrintendent ofCanterbury 1 acre, being part of RuralSOlction 9176, described in L::1nd ROlgister,Canterbury, 66 D, folio 764, upon trustfor purposes of a public library.

This site is now found to be inconvenientfor the purpose for which it was conveyedto the Superintendent, and the LtbraryCommittee wish to allow the land to revertto Mr. Willis, and to remove the buiUingto a more convenient site which has beensecured for a library.

29. The two par(lels of land described inthe second column hereto having been pur­chased by the Provincial Government ofOtago, it is desirable to dedicate them torailway and recreation-ground purposesrespectively, which cannot now be doneowing to the prwrisions of "The PublicReserves Act, 1881."

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Districts, numbered 457 (in red), and ex­tending north-westerly from the Coal Tram­"yay Reserve to the Dalethorpe and KowaiRoad: as the same is delineated on theplan deposited in the District Survey Office,Christchurch. Save and excepting somuch of the above described area as maybe required for the purposes of publicroads or railways.

27. :May, on behalf of Her Majesty,execute a tra"nsfer of all that piece of landsituated in the Ashley District, containingone rood and twenty perches, more or less,being part of Rural Section 4713, and in­cluded in Certificate of Title Vol. xxvii,folio 232 (the same having been errone­ously transferred to the Crown), to Eliza­beth Ann Carter of Portsmouth, in Eng­land, Spinster.

28. :May, on behalf of Her Majesty,execute a conveyance to George Willis of1 acre, being P?ut of Rural S3ction 9176,described in L::1nd Register, -Canterbury,66 D, folio 764, after the building erectedthereon has been removed to a more con­venient site which has been secured for apublic library at Sheffield.

•29. May, by notice in the Gazette, de­

clare that the following pieces of land maybe respectively a railway reserve and arecreation-greund :-

Proposed Railway Reserve near lYIaheno.All that area containing by admeasure­

ment sixteen (16) acres three (3) roodsand thil ty-four (34) perches, more or less,being part of Section No.2 of 22, BlockVII., Oamaru Survey District, and tworoad-lines. Bounded towards the North­east by the Kakanui River; towards theSouth-east by the main road; towards theSouth-west by Island Stream; towardsthe North-\vest by a right line, 1391 links ;again towards the South-west by a rightline, 1883 links; and again towards theNorth-west by a right line, 75 links ; againtowards the North~east by a right line,1883 links; and again towards the North­west by a right line, 1039 links, to theKakanui River: be all the aforesaid link­ages more or less; as the same is delineatedon the plan deposited in the Survey Office,Dunedin.Proposed Recreation Reserve near Maheno.

All that area containing by admeasure­ment forty-seven (47) acres three· (3) roodsand nineteen (19) perches, more or less,being part of Section No. 2 of 22, Block

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30. It being deemed desirable to ex­change Section No. ·19, Block I., CromwellTownship, Crown lands temporarily re­served from sale, for Section No. 20 ofthat block owned by Stephen Noble Brown,with the view of including the latter sec­tion in the reserve for recreation.

31. Before the Proclamations of the 9thFebruary, 1875, and 27th July, 1876,made under the sixty-first section of " TheImmigration and Public Works Act, 1871 "(Amendment Act), reserving for the pur­poses of immigration, and to be dealt withunder the said Act, the land now com­prised in the Jackson's Bay Special Set~le­

ment, John Marks and Joseph Collyerwere in possession and occupation of theparcels of land described in the secondcolumn hereto; and it was always under­stood and agreed by the Superintendentof the Province of Westland, who had thecontrol and management of the SpecialSettlement established at Jackson's Bay,that the said John Marks and JosephCollyer should retain possession of theland so occupied by them, and should holdthe same on the same terms and condi­tions as if the said land had been selectedunder the provisions of Part II. of "TheWestland vVaste Land Act, 1870," and ofSection 28 and the subsections thereto of" The Westland Waste Land Act Amend­lllent Act, 1873." And since the saidJohn Marks and Joseph Collyer cannothold the said lands under the provisionsof " The Jackson's Bay Special Settlement

ct, 1881," by reason of the size of theiroldings being in excess of the area allowedy the said Act, and it is just and right

that they should be entitled to hold thesaid land upon payment of a fair rent,and thereby to acquire the freehold thereofupon proper conditions.

SECOND COLUMN.VII., Oamaru Survey District-a road-lineand a shingle-bank; and bounded towardsthe North by Section No. 20 of said BlockVII.; towards the East by the KakanuiRiver; generally towards the South-eastby the boundary-lines of a railway reserve,1039 links, 1883 links, 75 links, 1883 links,and 1391 links, to the Island Stream;towards the South-west by that stream;and towards the West by Section No.1 of22 of said Block VII: be all the aforesaidlinkages more or less; as the same isdelineated on the plan deposited in theSurvey Office,. Dunedin.

30. May authorize issue of grant or cer­tificate of title to Stephen Noble Brownfor Section 19, Block I., which is no longerrequired for the purpose for which it waswithheld from sale, on his conveying toHer Majesty Section No. 20 in the sameblock.

31. 1\1:ay authorize the Land Board ofWestland to allot to the said John Marksand Joseph Collyer respectively, under theprovisions of "'1'he Jackson's Bay SpecialSettlement Act, 1881," the parcels of landhereinafter described, notwithstanding thatthe area of the said lands is in excess ofthe area permitted under the sa,id Act,and to give credit to the said John M:arksand Joseph Collyer for any rent that mayhave been paid by them, and to determinefor what further period it shall be neces­sary for the said John Marks and JosephCollyer to occupy the said lands in orderto entitle them to a grant of the said landsunder the provisions of section six of thesaid Act.

Description of the said Lands.(1.) Land occupied by John Marks at

the Haast.T\vo hundred and sixty-twa a~res two

roods (262a. 21'.), more or less, situate inSpecial Settlement Block I., Jackson'sBay District, commencing at a point onthe road reserve along the south side of theRaast River, diskmt two chains seventylinks, and bearing southerly 183° 40' mag.from traverse peg marked B on said roadreserve; thence Southerly along a line incontinuation of said bearing for sixtychains; thence Easterly at a bearing of90° 37' mag. for fifty-seven chains thirty­one links; thence Northerly, parallel withwestern boundary, for seventy-three chainsto the road reserve before mentioned; and

,thence North-vvesterly down the said roadreserve to the commencing-point, beingSection No. 289; as the same is delineatedon the map of the Chief Surveyor ofvVestland, setting out and describing thesaid Special Settlement Block No.1,

WESTLAND.

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32. A dispute of a serious nature ex­isted between a portion of the Ngaterangitribe, of Tauranga, and a portion of oneof the Thames tribes, for an injury doneto the former at a meeting of the Thamestribes to settle with the Governmentvarious outstanding land questions. Thedisputing tribes refused to proceed withany matter before the. Ngaterangi weresatisfied for the injury done them. Aftera long discussion it was arranged that 49tacres of land belonging to Rawiri teWakaite and others of the Thames tribes,should be given in payment to Akapita teTere and others of the Ngaterangi tribeas compensation; and one of the con­ditions of settlement was that a Crowngrant should be made of the land to begiven, and this was promised.

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Excepting so much and such part notexceeding five per cent. of the land sodescribed above as may be necessary forthe making of roads, tramways, or rail­ways.

(2.) Land occupied by Joseph Collyerat the Okura.

Two hundred and sixty-two acres tworoods (262a. 2r.), more or less, situate inSpecial Settlement Block No.1, Jackson'sBay District, commencing at a point onthe southern bank of the Okuru River,being the northernmost corner of theFerry Reserve; thence South-easterly alongnorth-eastern boundary of said Ferry Re­serve and line in continuation thereof forfifty-six chains seventy-seven links; thenceNorth-easterly at a right angle for fifty­eight chains thirty-six links to the roadreserve before mentioned; and thenceWesterly along said road reserve to thecommencing point, being Se.ctiol1 No. 231;as the same is delineated on the map ofthe Chief Surveyor of Westland, settingout and describing the said Special Settle­ment Block No. 1. Excepting so muchand such part not exceeding five per cent.of the land above described as may benecessary for the making of roads, tram­ways, or railways.

32. May issue a Crown grant to Aka­pita te Tere and others of the Ngaterangitribe of the ~9t acres of land mentionedin the other column.

WELLINGTON: Printed under authority of the New Zealand Governmentby GEORGE DIDSBURY, Government Printer.-1883.