APPENDIX
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APPENDIX.
A.---Proclamation asserting her Majesty's authority in New Zealand.........Page 305
B.---Proclamation declaring all Titles to Land in New Zealand null and void.....307
C.---Treaty of Waitangi between her Majesty and the Native Chiefs ....... 309
D.---Sailing Directions for Auckland . . . . 311
B.---Charter for erecting the Colony of New Zealand .............. 314
F.---Table of Duties of Customs payable in New Zealand ............. 321
G.---Ordinance of Governor and Council to appoint Commissioners for Land Claims .... 322
H.---Estimates of the Colony of New Zealand for the year 1841---1842..........337
I.---A Bill for Regulating the Survey and Sales of Land belonging to the Crown in the Australian Colonies and New Zealand ...... 356
(While this volume was in the press, this Bill was brought into the House of Commons by Lord Stanley, and ordered to be printed.---22nd March, 1842.)
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APPENDIX.
(A.)
PROCLAMATION,
By His Excellency William Hobson, Esq., Lieutenant-Governor of the British Settlement, in progress in New Zealand.
Whereas Her Majesty Victoria, Queen of the United Kingdom of Great Britain and Ireland, has been graciously pleased to direct that measures shall be taken for a settled form of Civil Government, over those of Her Majesty's subjects who are already settled in New Zealand, or who may hereafter resort thereto. And whereas Her Majesty has been also graciously pleased to direct Letters Patent to be issued under the Great Seal of the United Kingdom, bearing date the 15th June, 1839, by which the former boundaries of the Colony of New South Wales are so extended as to comprehend any part of New Zealand, that is or may be acquired in Sovereignty by Her Majesty, Her Heirs, and Successors. And whereas, Her Majesty has been further pleased, by a Commission under the Royal Signet and Sign Manual, bearing date the 13th July, 1839, to appoint me, William Hobson, Esq., Captain in the Royal Navy, to be Lieutenant-Governor in and over any Territory which is or may be acquired in Sovereignty by Her Majesty, Her Heirs, and Successors, within that group of Islands in the Pacific Ocean, commonly called New Zealand, and lying between the latitudes of 34 deg. 30' and 47 deg. 10' south, and longitude of 166 deg. 5' and 179 deg. east, from the meridian at Greenwich. Now, therefore, I, the said William
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APPENDIX.
Hobson, do hereby declare and proclaim, that I did on the 14th day of January instant, before his Excellency Sir George Gipps, Knight, Captain General and Governor-in-Chief in and over the territory of New South Wales, and its dependencies and the Executive Council thereof, take the accustomed oaths of office as Lieutenant-Governor aforesaid; and I do hereby further proclaim and declare, that I have this day opened and published the two Commissions aforesaid: that is to say, the Commission under the Great Seal extending the boundaries of the Government of New South Wales, and the Commission under the Royal Sign Manual, appointing me Lieutenant-Governor as aforesaid. And I do hereby further proclaim and declare, that I have this day entered on the duties of my said office as Lieutenant-Governor as aforesaid, and I call on Her Majesty's subjects to be aiding and assisting me in the execution thereof.
Given under my hand and seal at Kororarika, the 30th day of January, 1840, in the third year of Her Majesty's reign.
(Signed) WILLIAM HOBSON.
By His Excellency's command,
(Signed) GEORGE COOPER.
God save the Queen.
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APPENDIX.
(B.) PROCLAMATION,
By His Excellency William Hobson, Esq., Lieutenant-Governor of the British Settlements in New Zealand.
Whereas Her Majesty Queen Victoria, Queen of the United Kingdom of Great Britain and Ireland, has been graciously pleased by Indenture, under the hand of the most noble the Marquis of Normanby, one of Her Majesty's principal Secretaries of State, bearing date the 14th August, 1839, to command that it shall be notified to all Her Majesty's subjects, settled in or resorting to the Islands of New Zealand, that Her Majesty, taking into consideration the present as well as future interests of the said subjects, and also the rights and interests of the Chiefs and Native Tribes of the said Islands, does not admit it expedient to recognise as valid any titles to Land in New Zealand which are not derived from, or confirmed by Her Majesty. Now, therefore, I, William Hobson, Esq., Captain in Her Majesty's Navy, and Lieutenant-Governor in and over such parts of New Zealand as have been or may be acquired in Sovereignty by her said Majesty, do hereby accordingly proclaim and declare to all Her Majesty's subjects, that Her Majesty does not deem it expedient to recognize any titles to Land in New Zealand which are not derived from, or confirmed by Her Majesty, as aforesaid. But in order to dispel any apprehension that it is intended to dispossess the owners of land acquired on equitable conditions, and not in extent or otherwise prejudicial to the present or prospective interests of the community, I do hereby further proclaim and declare, that Her Majesty has been pleased to direct that a Commission shall be appointed with certain powers to be derived from the Governor and
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APPENDIX.
Legislative Council of New South Wales, to inquire into and report on all claims to such lands, and that all persons having such claims will be required to prove the same before the said Commissioners when appointed. And I do further proclaim and declare, that all purchases of land in any part of New Zealand which may be made from any of the Chiefs or Native Tribes thereof, after the date of these presents, will be considered as absolutely null and void, and will not be confirmed, or in any way recognized by Her Majesty.
Given under my hand and seal at Kororarika, this 30th day of January, 1840, in the third year of Her Majesty's reign.
(Signed) WILLIAM HOBSON.
By His Excellency's command,
(Signed) GEORGE COOPER.
God save the Queen.
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APPENDIX.
(C.)
TREATY OF WAITANGI.
Her Majesty Victoria, Queen of the United Kingdom of Great Britain and Ireland, regarding with her royal favour the Native Chiefs and Tribes of New Zealand, and anxious to protect their just rights and property, and to secure to them the enjoyment of peace and good order, has deemed it necessary, in consequence of the great number of her Majesty's subjects who have already settled in New Zealand, and the rapid extension of emigration both from Europe and Australia, which is still in progress, to constitute and appoint a functionary authorized to treat with the Aborigines of New Zealand for the recognition of Her Majesty's sovereign authority over the whole, or any part of those Islands. Her Majesty, therefore, being desirous to establish a settled form of civil Government with laws and institutions alike to the native population and to her subjects, has been graciously pleased to empower and to authorize me, William Hobson, a Captain in Her Majesty's Royal Navy, Consul, and Lieutenant-Governor over such parts of New Zealand as may be, or hereafter may be, called to her Majesty, to invite the confederated and independent Chiefs of New Zealand to concur in the following articles and conditions :---
Article the First.---The Chiefs of the Confederation of the United Tribes of New Zealand, and the separate and independent Chiefs who have not become members of the Confederation, cede to Her Majesty the Queen of England, absolutely and without reservation, all the rights and powers of sovereignty which the said confederation or individual Chiefs respectively exercise or possess, or may be supposed
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APPENDIX.
to exercise or possess, over their respective territories, as the sole Sovereigns thereof.
Article the Second.---Her Majesty the Queen of England confirms and guarantees to the Chiefs and Tribes of New Zealand, and to the respective families and individuals thereof, the full, exclusive, and undisturbed possession of their lands and estates, forests, fisheries, and other properties which they may collectively or individually possess, so long as it is their wish and desire to retain the same in their possession. But the Chiefs of the United Tribes and the individual Chiefs yield to Her Majesty the exclusive right of preemption over such lands as the proprietors thereof may be disposed to alienate, at such prices as may be agreed upon between the respective proprietors and persons appointed by Her Majesty to treat with them on that behalf.
Article the Third.---In consideration thereof Her Majesty the Queen of England, extends to the Natives of New Zealand her royal protection, and imparts to them all the rights and privileges of British subjects.
(Signed) WILLIAM HOBSON.
Now, therefore, we, the Chiefs of the Confederation of the United Tribes of New Zealand, being assembled in Congress at Victoria, at Waitangi, and we, the separate and independent Chiefs of New Zealand, claiming authority over the Tribes and Territories which are specified after our respective names, accept and enter into the same in the full meaning and spirit thereof.
In witness whereof, we have attached our signatures or marks at the places and dates, respectively specified.
[Five hundred and twelve Signatures, &c]
Done at Waitangi,
6th January, 1840.
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APPENDIX.
(D)
NOTICE TO MARINERS.
The town of Auckland, on the southern shore of the river Waitemata, is situated in latitude 36 deg. 51' 26" south, and longitude 174 deg. 43' east. The entrance of the Waitemata is on the western side of the Gulf of Houraki, or the Frith of the Thames, and is screened from the north-east by the Islands of Rangi Toto, Motu Tapu, and a succession of bold precipitous Islands lying off the north-west end of Island Waiheki.
DIRECTIONS.
Vessels bound to Auckland from the northward, after making Point Rodney, should steer for the island of Tiri Tiri Matangi, taking care to avoid a small rocky islet one league north, 53 deg. W. magnetic, from Port Takatou Wenua, and passing it on either side, steer for Rangi Toto, keeping between that island and the main, and not approaching either in less than five fathoms water. When to the westward of Rangi Toto, the Bluff north Head of the Waitemata becomes visible.
Vessels coming from the eastward should enter the Frith between Cape Colville and the Great Barrier, passing on either side of the small island which is about a league distant N. N. W. from the Cape, whence a course may be shaped for the mid channel, between Tiri Tiri Matangi and Motu Tapu, which nearly joins Rangi Toto, and over which the peaks of Rangi Toto are visible. Then proceed as if coming from the northward.
Vessels drawing less than 14 feet may enter the Tohawaki Channel on either side of Waiheki, and pass to the southward of the group formed by Waiheki, Motu Tapu and Rangi Totu, to the entrance of the Waitemata; but the
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channel is not one recommended to strangers unaided by a pilot. In the event of stress of weather, or other emergency, excellent shelter may be found inside any part of Waiheki, or under the east end of Motu Tapu; the passage so far, and the channel leading to it, being perfectly free from dangers.
On approaching the entrance of the river care must be taken to avoid a ledge of rocks extending in a northwesterly direction from the Southern Shore, which may be avoided by keeping the North Head, southward of west, (magnetic,) until a remarkable rock on the South Shore, resembling the bastion of a fort, called the Bastion Rock--- bears south (magnetic.)
With a fair wind the North Head may be rounded at half a cable's length distance, and a mid channel course will lead to the anchorage of the town.
With a beating wind, tack on the South Shore on coming into six fathoms water, and on the North Shore, which is much deeper, at the first shoal cast; the only dangers within the Heads are a spit of land that projects half a cable's length from a low sandy point on the North Shore, about a quarter of a mile inside the North Head, and a mud flat which lines the Southern Shore to a distance of nearly one-third of a mile throughout the whole river, and all the bays on both sides are shoal. These dangers will be avoided by attention to the lead, and the directions given above.
The navigation of the Gulf of Houraki, with ordinary care, is perfectly safe; but attention is required in hazy weather, or at night, to avoid many small Islets, which vary in height from six or eight to an hundred feet, and which are generally surrounded with deep water.
The only known exceptions to this rule, are the Peronguesin, latitude 30 deg. 7' south, longitude 175 deg. 18' east, according to D'Urville, and a rock, on which the sea breaks
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APPENDIX.
occasionally, called Simpson's Rock, lying about 4 or 5 miles north-north-east from the north-west end of the Great Barrier. There is a sunken rock reported to exist on the north side of Waiheki, and is marked on the charts about north from the centre of that island, a long league offshore, the position, or even the existence of which is not positively known.
These rocks, as will be seen by the reference to the Chart, are out of the ordinary track of shipping, but contrary winds may oblige vessels to approach them, and, therefore, are worthy of notice. The rocky islet of Takatou, above alluded to, stands about eight feet above high water mark, and is bold too. Its position is accurately laid down by D'Urville.
High water at Waitemata, on full and change, 6 hours 45 minutes; rise and fall about ten feet on the spring tides. The flood runs to the southward within in the Frith of the Thames, but to the north on the coast.
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APPENDIX.
(E)
CHARTER
For erecting the Colony of New Zealand, and for creating and establishing a Legislative Council and an Executive Council, and for granting certain powers and authorities to the Governor for the time being of the said Colony.
Victoria, &c, to all to whom these presents shall come greeting.
Whereas, by an Act of Parliament, made and passed in in the fourth year of our reign, intituled, "An act to continue until the 31st day of December, 1841, and to the end of the then Session of Parliament, and to extend the provisions of an act to provide for the more effectual government thereof, and for other purposes relating thereto." After reciting, amongst other things, that the said Colony of New South Wales is of great extent, and that it may be fit that certain dependencies of the said Colony should be formed into separate colonies, and provisions made for the temporary administration of the government of any such newly-erected colony, it is enacted, that it shall be lawful for us, by letters patent, to be from time to time issued under the great Seal of the United Kingdom, to erect into a separate colony, or colonies, any islands which now are, or which hereafter may be comprised within, and be dependencies of the said Colony of New South Wales, and were comprised within, and were dependencies of the said Colony of New South Wales. Now, know ye, that we, in pursuance of the said recited Act of Parliament, and in exercise of the powers thereby in us vested, of our especial grace, certain knowledge and mere motion, have thought fit to erect, and do hereby erect the said Islands of
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APPENDIX.
New Zealand, and all other Islands adjacent thereto, and lying between the 34th degree 30 minutes south, to the 47th degree 10 minutes south latitude, and between the 166th degree 5 minutes to the 179th degree of east longitude, reckoning from the meridian of Greenwich, into a separate colony, and the same are hereby erected into a separate colony accordingly. And we do hereby declare, that from henceforth the said islands shall be known and designated as the Colony of New Zealand, and the principal islands heretofore known as, or commonly called the "Northern Island," the "Middle Island," and "Stewart's Island," shall henceforward be designated, and known respectively, as "New Ulster," "New Munster," and "New Leinster." And whereas, by the said recited Act of Parliament, it is further enacted, that in case we shall by any letters patent, as aforesaid, establish any such new colony, or colonies, as aforesaid, it shall be lawful for us, by any such letters patent, to authorize any number of persons, not less than seven, including the Governor, or Lieutenant-Governor, of any such new colony, or colonies, to constitute a Legislative Council or Legislative Councils for the same, and that every such Legislative Council shall be composed of such persons as shall from time to time be named, or designated by us for that purpose, and shall hold their places therein at our pleasure; and that it shall be lawful for such Legislative Council to make and ordain all such laws and ordinances as may be required for the peace, order, and good government of any such colony as aforesaid, for which such Legislative Council may be appointed; and that, on the making of such laws and ordinances, the said Legislative Council shall conform to, and observe all such instructions as we, with the advice of our Privy Council, shall from time to time make for their guidance therein, provided always that no such instructions, and that no such laws or ordinances, as aforesaid, shall be repugnant to the laws of England, but
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APPENDIX.
consistent therewith so far as the circumstances of any such colony may admit; provided, also, that all such laws and ordinances shall be subject to our confirmation or disallowance, in such manner, and according to such regulations as we by any such instructions, as aforesaid, shall from time to time see fit to prescribe: provided also, that all instructions which shall, in pursuance of the said recited act, be made by us, with the advice of our Privy Council; and that all laws and ordinances which shall be made in pursuance of the said recited act, by any such Legislative Council, of any such newly-erected colony as last aforesaid, shall be laid before both Houses of Parliament within one month from the date of any such instructions, or from the arrival in this kingdom of the transcript of any such laws and ordinances, if Parliament shall then be in Session sitting, or if not, then within one month from the commencement of the next ensuing Session of Parliament. Now, therefore, in pursuance and further exercise of the powers so vested in us as aforesaid, in and by the said recited Act of Parliament, we do by these our letters patent, authorize the Governor, or the Lieutenant-Governor, for the time being of the Colony of New Zealand, and such other persons, not less than six, as are hereinafter designated, to constitute and be a Legislative Council for the said Colony: and in further exercise of the powers aforesaid, we do hereby declare, in addition to the said Governor or Lieutenant-Governor, the said Legislative Council shall be composed of such public officers within the said colony, or of such persons as shall from time to time be named or designated for that purpose by us, by any instruction or instructions, or warrant or warrants, to be by us for that purpose issued under our signet and sign manual, and with the advice of our Privy Council, all of which councillors shall hold their places in the said Council at our pleasure.
And we do hereby require and enjoin, that such Legisla-
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tive Council, shall in pursuance of the said Act of Parliament, make and ordain all such laws and ordinances as may be required for the peace, order, and good government of the said Colony of New Zealand, and that in making all such laws and ordinances the said Legislative Council shall conform to and observe all such instructions as we with the advice of our Privy Council, shall from time to time make their guidance therein.
And whereas it is expedient that an Executive Council should be appointed to advise and assist the Governor of our said Colony of New Zealand, for the time being in the administration of the government thereof, we do, therefore, by these our letters patent, authorize the Governor of our said Colony for the time being, to summons as an Executive Council, such persons as may from time to time be named or designated by us in any instructions under our signet and sign manual, addressed to him on that behalf.
And we do hereby authorize and empower the Governor of our said Colony of New Zealand for the time being, to keep and use the public seal, appointed for the sealing of all things whatsoever that shall pass the seal of our said Colony.
And we do hereby give and grant to the Governor of our said Colony of New Zealand for the time being, full power and authority, with the advice and consent of our said Executive Council, to issue a proclamation or proclamations, dividing our said Colony into Districts, Counties, Hundreds, Towns, Townships and Parishes, and to appoint the limits thereof respectively.
And we do hereby give and grant to the Governor of our said Colony of New Zealand for the time being, full power and authority in our name and on our behalf, but subject, nevertheless, to such provisions as may be in that respect contained in any instructions which may from time to time be addressed to him by us for that purpose, to
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APPENDIX.
make and execute, in our name and on our behalf, under the public seal of the said Colony, grants of waste land, to us belonging within the same, to private persons for their own use and benefit, or to any persons bodies politic or corporate, in trust for the public uses of our subjects there resident, or any of them.
Provided always, that nothing in these our letters patent contained shall affect, or be construed to affect the rights of any aboriginal Natives of the said Colony of New Zealand to the actual occupation or enjoyment in their own persons, or in the persons of their descendants, of any lands in the said Colony now actually occupied or enjoyed by such Natives.
And we do hereby authorize and empower the Governor of our said Colony of New Zealand, for the time being, to constitute and appoint judges, and, in cases requisite, Commissioners of Oyer and Terminer, Justices of the Peace, and other necessary Officers and Ministers in our said Colony, for the due and important administration of justice, and for putting the laws into execution, and to administer, or cause to be administered unto them such oath or oaths as are usually given for the due execution and performance of these offices and places, and for the clearing of truth in judicial matters.
And we do hereby give and grant unto the Governor of our said Colony of New Zealand, for the time being, full power and authority as he shall see occasion, in our name and on our behalf, to remit any fines, penalties or forfeitures, which may accrue, or become payable to us, provided the same do not exceed the sum of fifty pounds sterling in any one case; and to respite and suspend the payment of any such fine, penalty, or forfeiture exceeding the said sum of fifty pounds, until our pleasure thereon shall be made known and signified to such Governor.
And we do hereby give and grant unto the Governor of
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APPENDIX.
the said Colony of New Zealand, for the time being, full power and authority as he shall see occasion, in our name and our behalf, to grant to any offender convicted of any crime in any court or before any judge, justice, or magistrate within our said Colony, a free and unconditional pardon, or a pardon subject to such conditions as by any law or ordinance hereafter to be in force in our said Colony, may be thereunto annexed, or any respite of the execution of the sentence of any such offender for such period as to such Governor may seem fit.
And we do hereby give and grant unto the Governor of our said Colony of New Zealand, for the time being, full power and authority, upon sufficient cause to him appearing, to suspend from the exercise of his office, within our said colony, any person exercising any office or place under or by virtue of any commission or warrant granted, or which may be granted by us, or in our name, or under our authority, which suspension shall continue, and have effect only until our pleasure therein shall be made known, and signified to such Governor. And we do hereby strictly require and enjoin the Governor of our said Colony, for the time being, in proceeding to any such suspension, to observe the directions on that behalf given to him by our instructions under our signet and sign manual accompanying his commission of appointment as Governor of the said Colony.
And on the event of the death or absence out of our said Colony of New Zealand of such person as may be commissioned and appointed by us to be the Governor thereof, we do hereby provide and declare our pleasure to be, that all and every the powers and authorities herein granted to the Governor of our said Colony of New Zealand, for the time being, shall be, and the same are hereby vested in such person as may be appointed by us by warrant under our signet and sign manual, to be the Lieutenant-Governor of our said Colony; or in the event of there
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APPENDIX.
being no person within our said Colony commissioned and appointed by us to be Lieutenant-Governor thereof, then our pleasure is, and we do hereby provide and declare, that in such contingency all the powers and authorities herein granted to the Governor or the Lieutenant-Governor of our said colony shall be, and the same are hereby granted to the Colonial Secretary of our said Colony for the time being, and such Lieutenant-Governor, or such Colonial Secretary, as may be, shall have all and every the powers and authorities herein granted until our further pleasure shall be signified therein: And we do hereby require and command all our Officers and Ministers, civil and military, and all other the Inhabitants of our said Colony of New Zealand, to be obedient, aiding and assisting to such persons as may be commissioned and appointed by us to be the Governor of our said Colony; or in the event of his death or absence, to such person as may, under the provisions of these our letters patent, assume and exercise the functions of such Governor.
And we do hereby reserve to us, our Heirs and Successors, full power and authority from time to time to revoke, alter, or amend these our letters patent, as to us or them shall seem fit.
In witness, &c, witness, &c,
16th November, 1840.
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APPENDIX.
(F.)
A TABLE OF DUTIES OF CUSTOMS
Payable on Goods, Wares and Merchandize, which shall be imported into any Port or place in the Colony of New Zealand and its Dependencies, on and after the 1st of July, 1841.
| |
£. s. d. |
| On all SPIRITS the produce or manufacture of the United Kingdom
of Her Majesty's possessions in America and of New South Wales
and Van Diemen's Land, for every gallon not exceeding the strength of proof
|
0 4 0
|
| On all other SPIRITS per gallon ....
|
0 5 0
|
| TOBACCO from and after 1st January, 1842 Snuff and Cigars, per lb.......
|
0 2 0
|
| Manufactured ......
|
0 10
|
| Unmanufactured ......
|
0 0 9
|
| WINE, for every £100. value.....
|
15 0 0
|
| TEA, SUGAR, FLOUR, MEAL, WHEAT, RICE, and other Grains and Pulse, for every £100.
|
0 5 0
|
| All Foreign Goods for every £100. value .
|
10 0 0
|
| All British Produce and Manufactures, as well as those from
New South Wales and Van Diemen's Land, except Spirits ....
|
Free
|
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APPENDIX.
(G.)
ANNO QUARTO VICTORIA REGINAE.
By His Excellency WILLIAM HOBSON, ESQUIRE, Captain in Her Majesty's Royal Navy, first Governor and Commander-in-Chief in and over Her Majesty's Colony of New Zealand, with the advice and consent of the Legislative Council thereof.
"An Ordinance to repeal within the said Colony of
"New Zealand, a certain Act of the Governor and
"Legislative Council of New South Wales, made and
"passed in the Fourth Year of the Reign of Her
"present Majesty, and adopted under an Ordinance
"of the Governor and Legislative Council of New
"Zealand for extending the laws of New South Wales
"to the said Colony of New Zealand, and which said
"Act of the Governor and Council of New South
"Wales is intituled 'An Act to empower the Go-
"vernor of New South Wales to appoint Commission-
"ers, with certain powers, to examine and report on
"Claims to Grants of Land in New Zealand,' and
"also to terminate any Commission issued under the
"same, and to authorize the Governor of the Colony
"of New Zealand to appoint Commissioners, with
"certain powers, to examine, and report on Claims
"to Grants of Land therein, and to declare all other
"Titles, except those allowed by the Crown, null and
"void."
Whereas, by an Act of the Governor and Legislative Council of New South Wales and its Dependencies, made
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and passed in the Fourth Year of the Reign of Her present Majesty, intituled, "An Act to empower the Governor of New South Wales to appoint Commissioners, with certain powers, to examine and report on Claims to Grants of Land in New Zealand;" after reciting that, in various parts of the Islands of New Zealand, comprehended within the limits of the territory and Government of New South Wales, tracts or portions of Land were claimed to be held by various individuals, by virtue of purchases or pretended purchases, gifts or pretended gifts, conveyances or pretended conveyances, or other titles, either mediately or immediately from the Chiefs or other individuals of the Aboriginal tribes inhabiting the same; and reciting that, no such individual or individuals, could acquire a legal title to, or permanent interest in, any such tracts or portions of Land, by virtue of any gift, purchase, or conveyance, by or from the Chiefs or other individuals of such Aboriginal tribes, as aforesaid; and also reciting, that Her Majesty had, by instructions under the hand of one of Pier Majesty's Principal Secretaries of State, dated the Fourteenth Day of August, One thousand eight hundred and thirty-nine, declared Her Royal Will and Pleasure, not to recognize any titles to Land in New Zealand which did not proceed from, or were not, or should not be allowed by Her Majesty; and after stating that it was expedient and proper to put beyond doubt the invalidity of all titles to Land within the said Islands of New Zealand, founded upon such purchases or pretended purchases, gifts or pretended gifts, conveyances or pretended conveyances, or other titles, from the same uncivilized tribes, or Aboriginal inhabitants of New Zealand; it was, therefore, in and by the said now reciting Act, declared and enacted, That all titles to Land in New Zealand which were not, or might not, thereafter be allowed by Her Majesty, were and should be absolutely null and void: And the said now reciting Act, then authorizes and
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empowers the said Governor of New South Wales to issue one or more Commission or Commissions, and thereby to appoint Commissioners, who should have full power and authority to hear, examine, and report on, all Claims to Grants of Land in New Zealand, with certain other powers and provisions in the said Act contained. And whereas the said Governor of New South Wales, under and by virtue of the said Act, did issue his Commission, bearing date, under the seal of the said colony of New South Wales, the Thirtieth Day of September, in the Year of our Lord one thousand eight hundred and forty, thereby appointing certain Commissioners with power to hear, examine, and report on all Claims to Grants of Land in New Zealand: And the said Commissioners appointed therein did proceed to hear and examine certain of such Claims, but have not as yet reported thereon; and other of the like Claims have been lately referred to the said Commissioners by the said Governor of New South Wales: And whereas, since the appointment of the said Commissioners, the Islands of New Zealand have been separated from the Government of New South Wales, and erected into a colony by Her Majesty's Royal Charter; and it is therefore expedient and necessary, that the said Act of the Governor and Legislative Council of New South Wales and its Dependencies, should be repealed, and the said Commission so issued by the said Governor thereof determined: And whereas, it is expedient and proper that a Local Ordinance for the same general purposes, intended to be provided for by the said in part recited Act of the Governor and Council of New South Wales; together with such other enactments applicable to the altered circumstances of the colony of New Zealand, should be enacted by the Governor and Legislative Council of the same.
I. Be it therefore enacted and ordained, by His Excellency the Governor in and over the said colony of New
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Zealand, with the advice and consent of the Legislative Council of the same colony, that from and immediately after the passing of this Ordinance, the said Act of the Governor and Council of New South Wales so adopted as aforesaid, intituled, "An Act to empower the Governor of New South Wales to appoint Commissioners with certain powers, to examine and report on Claims to Grants of Land in New Zealand" be, and the same is hereby repealed, and of no effect within the said colony of New Zealand: And the said Commission so issued by the said Governor of New South Wales, under and by virtue of the powers for that purpose contained in the said Act, is hereby determined and declared to be null and void, any thing in the said Act, to the contrary thereof, notwithstanding.
II. And whereas, it is expedient to remove certain doubts which have arisen in respect of Titles of Land in New Zealand, be it therefore declared, enacted, and ordained, That all unappropriated Lands within the said colony of New Zealand, subject however to the rightful and necessary occupation and use thereof, by the Aboriginal inhabitants of the said colony, are and remain Crown or Domain Lands of Her Majesty, Her Heirs and Successors, and that the sole and absolute right of pre-emption from the said Aboriginal inhabitants, vests in and can only be exercised by Her said Majesty, Her Heirs and Successors; and that all Titles to Land in the said colony of New Zealand, which are held or claimed by virtue of purchases or pretended purchases, gifts or pretended gifts, conveyances or pretended conveyances, leases or pretended leases, agreements, or other titles, either mediately or immediately from the Chiefs, or other individuals or individual of the Aboriginal tribes inhabiting the said colony, and which are not, or may not hereafter be allowed by Her Majesty, Her Heirs and Successors, are and the same shall be absolutely null and void.
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APPENDIX,
Provided, and it is hereby declared, that nothing in this Ordinance contained is intended to, or shall affect the Title to any Land in New Zealand already purchased from Her Majesty's Government, or which is now held under Her Majesty.
III. And whereas Her Majesty hath, in the said instructions, been pleased to declare Her Majesty's gracious intention to recognize Claims to Land, which may have been obtained on equitable terms from the said Chiefs or Aboriginal inhabitants or inhabitant of the said colony of New Zealand, and which may not be prejudicial to the present or prospective interests of such of Her Majesty's subjects who have already resorted to, or who may hereafter resort to, and settle in, the said Colony. And whereas, it is expedient and necessary, that in all cases wherein Lands are claimed to be held by virtue of any purchase, conveyance, lease, agreement, or any other title whatsoever from the said Chiefs or Tribes, or any Aboriginal inhabitants or inhabitant whomsoever, of the said Colony of New Zealand, an inquiry be instituted into the mode in which such Claims to Lands have been acquired, the circumstances under which such claims may be, and are founded, and also to ascertain the extent and situation of the same.
Be it therefore enacted and ordained, That it shall and may be lawful for the Governor of the said Colony of New Zealand, and he is hereby authorized and empowered to issue one or more Commission or Commissions, and thereby to appoint Commissioners, who shall have full power and authority under the same to hear, examine, and report on all Claims to Grants of Land in virtue of any of the Titles aforesaid, in the said Colony of New Zealand: And each of such Commissioners shall, before proceeding to act as such, take and subscribe before a Judge of the Supreme Court of New Zealand, or before such person as the Governor or Chief Justice for the time being shall, in writing, appoint
[Image of page 327]
APPENDIX.
for that purpose, the Oath set forth in the Schedule to this Act annexed, marked A; which Oath shall be recorded in the office of the Colonial Secretary of the said colony.
IV. And be it further enacted and ordained, That the Claims of all persons who may have already made application to the Governor of New South Wales, to have Grants of Land within the said colony of New Zealand, arid whose Claims have by the said Governor been referred, or directed to be referred, to the said Commissioners so appointed by the said Governor of New South Wales, shall be, and the same are hereby referred, to the Commissioners to be appointed under and by virtue of this Ordinance, to the end that all such Claims may be heard, examined, and reported on for the information and guidance of the said Governor of New Zealand: And the said Commissioners, or any two of them, shall proceed to hear, examine, and report on such Claims in manner hereinafter mentioned: Provided always that in each and every Claim already heard and examined, or partly heard and examined, it shall and may be lawful for the said Commissioners, and they are hereby authorized to receive and act upon, the evidence, statements, and documents, or other information taken and recorded by the Commissioners appointed under the said repealed Act of the Governor and Council of New South Wales aforesaid, and shall and may report thereon as if the same had been heard and examined, and the said evidence, statements, documents, and other information had been taken and recorded under and by virtue of the provisions of this Ordinance.
And whereas, in and by the said Act of the said Governor and Council of New South Wales, it is provided, that all Claims which should not be preferred in writing to the Colonial Secretary of New South Wales within six months after the passing of that Act, should be absolutely null and void, unless it should be made to appear to the
[Image of page 328]
APPENDIX.
satisfaction of the said Governor, that any Claimant or Claimants should not by reason of absence, or other sufficient cause, have been able to prefer his or their Claims within the said term of six months, in which case it should be lawful for the said Governor at any time within a further term of six months, to refer such claim or claims to the said Commissioners, who should have power and authority to receive and report upon the same as in other cases: And whereas, the first term of six months so fixed has expired; and it is expedient and proper that the said term under which His Excellency the Governor is empowered to receive and refer further claims, shall be extended under this Ordinance.
V. Be it therefore enacted and ordained, That it shall and may be lawful for the Governor of New Zealand, if at any time within twelve months next after the passing of this Ordinance, it shall be made to appear to the satisfaction of the said Governor, that any claimant or claimants shall not, by reason of absence from the Colony, or other sufficient reason, have been able to prefer his or their claims within the said term so fixed by the said in part recited Act of the Governor and Council of New South Wales, it shall be lawful for the said Governor at any time, within a further term of twelve months from and after the passing of this Ordinance, to refer such claim or claims to the said Commissioners, who shall have power and authority to receive and report upon the same as in other cases. Provided always, that nothing herein contained shall authorize the said Commissioners to receive or report upon claims, except such as shall be referred to them, under and by virtue of the provisions of this Ordinance.
VI. And be it enacted and ordained, That in hearing and examining all claims to Grants as aforesaid, and reporting on the same, the said Commissioners shall be guided by the real justice and good conscience of the case, without
[Image of page 329]
APPENDIX.
regard to legal forms and solemnities, and shall direct themselves by the best evidence they can procure, or that is laid before them, whether the same be such evidence as the law would require in other cases or not: And that the said Commissioners shall, in every case, inquire into and set forth, so far as it shall be possible to ascertain the same, the price or valuable consideration, with the sterling value thereof, paid for the Lands claimed, to any of the said Chiefs or Tribes, or any Aboriginal inhabitants or inhabitant of the said colony of New Zealand, as well as the time and manner of the payment, and the circumstances under which such payment was made, without taking into consideration the price or valuable consideration which may have been given for the said Lands by any subsequent purchaser or to any other person or persons, save such Chiefs or Tribes, or Aboriginal inhabitants or inhabitant as aforesaid; and shall also inquire into and set forth the number of acres which such payment would have been equivalent to, or according to the rates fixed in a Schedule marked B, annexed to this Ordinance: And if the said Commissioners, or any two of them, shall be satisfied that the person or persons claiming such Lands, or any part thereof, is or are entitled according to the declaration of Her Gracious Majesty as aforesaid, to hold the said Lands or any part thereof, and to have a Grant or Lease thereof, made and delivered to such person or persons under the Great Seal of the said colony, they the said Commissioners, shall report the same, and the grounds thereof, to the said Governor accordingly, and shall state whether the claim or claims reported on is or are original or derivative, with the name or names of the party or parties to whom the Grant or Lease should issue, and shall set forth the situation, measurement, and boundaries by which the said Lands, or portions of Land, shall and may be described in every such Grant or Lease, so far as it shall be possible to, and they conveniently can, ascertain
[Image of page 330]
APPENDIX.
the same; Provided, however, that no Grant of Land shall be recommended by the said Commissioners, which shall exceed in extent Two thousand five hundred and sixty acres, unless specially authorized thereto by the Governor, with the advice of the Executive Council, or which shall comprehend any Headland, Promontory, Bay, or Island, that may hereafter be required for any purpose of defence, or for the site of any Town or Village reserve, or for any other purpose of public utility; nor of any Land situate on the Sea shore, within one hundred feet of high water mark: Provided also that nothing herein-contained shall be held to oblige the said Governor to make and deliver any such Grants as aforesaid, unless His Excellency shall deem it proper so to do.
VII. Provided, nevertheless, and be it enacted and ordained, that the said Commissioners shall not propose to grant to any Claimant whatsoever, any Land which may, in the opinion of the majority of the said Commissioners, or of the majority of the Commissioners appointed to investigate the demand of such claimant, be required, for the site of any Town or Village, or for the purposes of defence, or for any other purpose of public utility: nor shall they propose to grant to any individual any Land of a similar character, which they may be directed to reserve by the Governor of New Zealand, but that in every case in which Land of such description would otherwise form a portion of the Land which the Commissioners would propose to grant to the Claimant, they shall, in lieu of such Land, propose to grant to him, or her, a compensation in such quantity of other Land, as they the said Commissioners, or the majority of them, shall deem an equivalent for every acre, or part of an acre, so required to be reserved either for the site of Village or Township, or for the purpose of defence, or for any other purpose of public utility, as aforesaid.
[Image of page 331]
APPENDIX.
VIII. And be it enacted and ordained, That the meetings of the said Commissioners shall be holden in such manner and at such place or places as the Governor shall, from time to time appoint, and the said Commissioners shall proceed, with all due dispatch, to investigate and report upon the claims referred to them.
IX. And be it enacted and ordained, That it shall and may be lawful for the said Commissioners, upon receiving any such claim as aforesaid, to notify in the New Zealand Government Gazette, or in any Gazette or Newspaper published in New Zealand, the day appointed for inquiring into such claim. And that such Notification shall be a sufficient warning and summons to any claimant or opponent under this Ordinance: provided that the said Commissioners, or any one of them, are and is hereby authorized, to issue summonses requiring all such persons as shall therein be named to appear before the said Commissioners, at the day, time and place therein appointed, to give evidence as to all matters and things known to any such person, respecting such claim, and to produce in evidence all Deeds, Instruments, or Writings, in the possession or control of any such persons which they might by law be required and compelled to give evidence of, or to produce in evidence in any cause respecting the like matters depending in any of Her Majesty's Courts of Law, in so far as the evidence of such persons, and the production of such Deeds, Instruments, and Writings shall be requisite for the due investigation of such claim depending before the said Commissioners, and that all such evidence shall be taken down in writing, in presence of, and be signed by the witnesses respectively giving the same; but in case any witness shall refuse, or shall be unable to sign, the said evidence shall be attested as having been taken, and read over, by one or more of the said Commissioners, and that
[Image of page 332]
APPENDIX.
all such evidence shall be given on oath, which oath it shall and may be lawful for the said Commissioners, or any one of them, to administer to every person appearing before them to give evidence; and that any person taking a false oath, in any case wherein an oath is required to be taken by this Ordinance, shall be deemed guilty of wilful and corrupt perjury, and being thereof duly convicted, shall be liable to such pains and penalties as by any law now in force, any person convicted of wilful and corrupt perjury, is subject and liable to: Provided always, that in all cases in which it may be necessary to take the evidence of any Aboriginal Native who shall not be competent to take an oath, it shall be lawful for the said Commissioners to receive in evidence, the statement of such Aboriginal Native, subject to such credit as it may be entitled to from corroborating or other circumstances.
X. And be it enacted and ordained, That whenever any person who, being duly summoned to give evidence before the said Commissioners as aforesaid, his or her reasonable expenses having been paid or tendered by the party requiring such witnesses, and not having any lawful reason or impediment allowed by the said Commissioners, shall fail to appear at the time and place specified in such summons, or after appearing, shall refuse to be sworn, or to answer any lawful question, or to produce any Deed, Instrument, or writing which he or she may lawfully be required to produce, or without leave obtained from the said Commissioners, shall wilfully withdraw from further examination, without a satisfactory excuse being given to the said Commissioners for such default, or appearing, shall refuse or decline to be examined, or give evidence according to law, touching the matter in question, it shall and may be lawful for the said Commissioners, and they are hereby authorized and empowered to issue their warrant for the apprehension of such
[Image of page 333]
APPENDIX.
person, in order that he may be brought before them to give evidence touching such matter as shall be in question, for which he shall have been summoned as aforesaid; and it shall be further lawful for the said Commissioners, if such person shall not shew sufficient cause, to the satisfaction of such Commissioners for such default, to commit such person to prison, there to remain, without bail or mainprize, for any time not exceeding twenty-one days, or in lieu of such imprisonment, to pay such fine not exceeding one hundred pounds, as the said Commissioners shall impose, which fine shall be paid to the Colonial Treasurer of New Zealand, and appropriated to the public uses of the Government thereof.
XI. And be it enacted and ordained, That the said Commissioners shall and may receive for their own respective use such salaries as the Governor of New Zealand shall direct and appoint, which salaries it shall and may be lawful for the said Governor to order and direct by warrant under his hand, to be paid from and out of the revenues of New Zealand; and the same shall be the whole remuneration of the said Commissioners for and in respect of their said office.
XII. And be it enacted and ordained, That there shall be paid to the said Commissioners, by every person making a claim to a Grant of Land, which shall be referred by the Governor to the said Commissioners for examination, as herein-before is provided, the several fees specified in the annexed Schedule to this Ordinance marked C: And the said Commissioners shall duly account for all fees so paid to them or him as aforesaid, and shall pay the same into the hands of the Colonial Treasurer of New Zealand monthly, or as nearly so as practicable, to be appropriated to the public uses of the Government thereof.
XIII. Provided always, and be it declared and ordained, That nothing in this Ordinance contained shall be deemed
[Image of page 334]
APPENDIX.
in any way to affect any Right or Prerogative of Her Majesty, Her Heirs or Successors.
(Signed) "WILLIAM HOBSON, Governor."
Passed the Legislative Council, the Ninth Day of June, in the Year of Our Lord One thousand eight hundred and forty-one.
J. COATES, Clerk of the Council.
SCHEDULES REFERRED TO.
A. --- Commissioners' Oath.
I, Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â do solemnly swear
That I will faithfully, diligently, impartially, and honestly, to the best of my ability, execute the several powers and trusts reposed in me as a Commissioner appointed under and by virtue of a certain Ordinance of the Governor of New Zealand, with the advice of the Legislative Council of the said Colony, made and passed in the Fourth Year of the Reign of Her Majesty Queen Victoria, intituled " An
"Ordinance to repeal, within the said Colony of New Zea-
"land, a certain Act of the Governor and Legislative
"Council of New South Wales, made and passed in the
"Fourth Year of the Reign of Her present Majesty, and
"adopted under an Ordinance of the Governor and Legis-
"lative Council of New Zealand, for extending the laws of
"New South Wales to the said Colony of New Zealand,
"and which said Act of the Governor and Council of New
"South Wales, is intituled 'An Act to empower the Go-
"vernor of New South Wales to appoint Commissioners
"with certain powers, to examine and report on claims to
"Grants of Land in New Zealand; and also to terminate
"any Commission issued under the same; and to authorize
[Image of page 335]
APPENDIX.
"the Governor of the Colony of New Zealand to appoint
"Commissioners, with certain powers, to examine and re-
"port on Claims to Grants of Land therein; and to declare
"all other Titles except those allowed by the Crown, null
"and void;'" And that I will not myself, directly or indirectly, take or receive any fee or reward for any thing done or performed, under and by virtue of the provisions of the said Ordinance, other than and except such as is authorized by the said Ordinance.
So help me God.
(Signed) A. B.
Sworn before me, this
day of         184
Judge of the Supreme Court of New Zealand, or Commissioner appointed for this purpose.
B.
| Time when the Purchase was made
|
|
|
|
s. d.
|
s. d.
|
| From 1st Jan.
|
1815,
|
To 31st Decr.
|
1824
|
0 6 to
|
0 0
|
|
|
1825,
|
|
1829
|
0 6
|
0 8
|
|
|
1830,
|
|
1834
|
0 8
|
1 0
|
|
|
1835,
|
|
1836
|
1 0
|
2 0
|
|
|
1837,
|
|
1838
|
2 0
|
4 0
|
|
|
1839,
|
|
1839
|
4 0
|
8 0
|
And Fifty per cent, above these rates for persons not personally resident in New Zealand, or not having a resident agent on the spot.
Goods, when given to the Natives in barter for Land, to be estimated at three times their selling price in Sydney at the time.
[Image of page 336]
APPENDIX.
FEES TO BE RECEIVED BY THE SAID COMMISSIONERS.
|
|
£.
|
s.
|
d
|
| For filing any Memorial with the Colonial Secretary,
or opposition thereto.......
|
5
|
0
|
0
|
| For every Summons for Witnesses, each Summons
containining two names, by the party requiring the same
|
0
|
5
|
0
|
| For every Witness examined, or Document or Voucher
produced in evidence, by the party on whose behalf examined or produced
|
0
|
5
|
0
|
| For taking down the examination of any Witness
|
0
|
5
|
0
|
| For every one hundred words after the first hundred, additional..........
|
0
|
2
|
6
|
| For every Certificate granted by Commissioners,
of default, refuse to answer, or wilful withdrawing of any witness.......
|
1
|
0
|
0
|
| For any final Report, to be paid by the party or parties in whose favour made,
when the extent of the Land recommended be not exceeding five hundred acres......
|
5
|
0
|
0
|
| For every additional one hundred acres . . .
|
0
|
10
|
0
|
[Image of page 337]
APPENDIX.
(H.)
ESTIMATE
Of the probable Expenditure of the Government of New Zealand, for One Year, commencing 2nd May, 1841.
Ordered by the Legislative Council to be printed.
ABSTRACT of the estimated Expenditure of the Government New Zealand, for One Year.
| NO.
|
SERVICE.
|
Amount of Estimate
|
| |
|
£. s. d |
| I.
|
His Excellency the Governor and Judge .
|
2,200 0 0
|
| II.
|
Civil Establishment .
|
16,609 16 10
|
| III.
|
Survey Department
|
6,164 12 6
|
| IV.
|
Department of Public Works and Buildings
|
5,354 0 0
|
| V.
|
Judicial Establishment .
|
3,068 11 3
|
| VI.
|
Police and Gaols
|
7,957 9 3
|
| VII.
|
Ecclesiastical Establishment
|
450 0 0
|
| VIII.
|
School Establishment .
|
140 0 0
|
| IX.
|
Miscellaneous .
|
8,977 13 6
|
|
|
Total
|
£50,922 3 4
|
WILLOUGHBY SHORTLAND,
COLONIAL SECRETARY.
Colonial Secretary's Office, Auckland,
New Zealand, 2nd July, 1841.
[Image of page 338]
ESTIMATE of the Probable Expenses of the GOVERNMENT OF NEW ZEALAND,
For One Year.
|
|
Salaries.
|
Contingencies.
|
Total of each
Department.
|
Total.
|
|
|
£. s. d.
|
£. s. d.
|
£. s. d.
|
£. s. d
|
| I.---THE GOVERNOR AND JUDGE.
|
|
|
|
|
| His Excellency the Governor -
|
1200 0 0
|
|
|
|
| The Chief Justice
|
1000 0 0
|
|
|
2200 0 0
|
| II.---CIVIL ESTABLISHMENT.
|
|
|
|
|
| ESTABLISHMENT OF HIS
EXCELLENCY THE GOVERNOR.
|
|
|
|
|
| Private Secretary
|
150 0 0
|
|
|
|
| Superintendent of the Government
Domain at 7s. 6d. per diem
|
136 17 6
|
|
|
|
| Ranger at 4s. 6d. per diem |
82 2 6 |
|
|
|
| Office-keeper at 3s. 6d. ditto |
63 17 6 |
|
|
|
| One Gardener |
72 0 0 |
|
|
|
| Labourers
|
|
500 0 0
|
|
|
| Forage for three horses for
the Governor, and one
for Private Secretary,
at 2s. 6d. per diem
|
|
182 10 0
|
|
|
|
|
504 17 6
|
682 10 0
|
1187 7 6
|
|
| EXECUTIVE AND LEGISLATIVE COUNCILS..
|
|
.........
|
|
..........
|
| Clerk of the Councils
|
350 0 0
|
|
|
|
| One Clerk, third Class
|
125 0 0
|
|
|
|
| Messenger
|
70 0 0
|
|
|
|
| |
|
|
545 0 0 |
|
| COLONIAL SECRETARY'S DEPARTMENT.
|
|
|
|
|
| Colonial Secretary
|
600 0 0
|
|
|
|
| Chief Clerk
|
270 0 0
|
|
|
|
| Clerks, one at £200.,
one at £170.,
and two at £125. each
|
620 0 0
|
|
|
|
| Messenger
|
70 0 0
|
|
|
|
| |
|
|
1560 0 0 |
|
| AUDIT BRANCH.
|
|
|
|
|
| One Clerk, 2nd Class
|
200 0 0
|
|
|
|
| One ditto, 3rd Class ...
|
125 0 0
|
|
|
|
| |
|
|
325 0 0 |
|
| COLONIAL TREASURY.
|
|
|
|
|
| Treasurer
|
600 0 0
|
|
|
|
| One Clerk, 2nd Class
|
200 0 0
|
|
|
|
| One ditto, 3rd Class
|
125 0 0
|
|
|
|
| One Sub-Treasurer at Russell
|
100 0 0
|
|
|
|
| One ditto at Port Nicholson
|
100 0 0
|
|
|
|
|
|
|
|
1125 0 0
|
|
| Amount carried forward
|
|
|
4742 7 6
|
2200 0 0
|
[Image of page 340]
|
|
Salaries.
|
Contingencies.
|
Total of each
Department.
|
Total.
|
|
|
£. s. d.
|
£. s. d.
|
£. s. d.
|
£. s. d.
|
| Amount brought forward
|
|
|
4742 7 6
|
2200 0 0
|
| CUSTOMS.
|
|
|
|
|
| Auckland.
|
|
|
|
|
| Collector
|
500 0 0
|
|
|
|
| Additional to present holder
|
100 0 0
|
|
|
|
| One Clerk
|
150 0 0
|
|
|
|
| One Landing Waiter and Tide Surveyor
|
200 0 0
|
|
|
|
| One Tide Waiter and Locker ...
|
150 0 0
|
|
|
|
| Five Boatmen at £60. each
|
300 0 0
|
|
|
|
| One Messenger
|
70 0 0
|
|
1470 0 0
|
|
| Russell.
|
|
|
|
|
| Sub-Collector
|
200 0 0
|
|
|
|
| One Landing Waiter and Tide Surveyor
|
200 0 0
|
|
|
|
| One Tide Waiter and Locker
|
130 0 0
|
|
|
|
| Five Boatmen, at £60. each
|
300 0 0
|
|
830 0 0
|
|
| Port Nicholson.
|
|
|
|
|
| Sub-Collector -
|
200 0 0
|
|
|
|
| 1 One Landing Waiter and Tide Surveyor
|
203 0 0
|
|
|
|
| One Tide Waiter and Locker -
|
130 0 0
|
|
|
|
| Five Boatmen, at £60. each
|
300 0 0
|
|
830 0 0
|
|
| POST OFFICE.
|
|
|
|
|
| Auckland.
|
|
|
|
|
| Postmaster .
|
160 0 0
|
|
|
|
| One Clerk, 3rd Class
|
125 0 0
|
|
|
|
| Gratuities to Masters of Vessels
for conveyance of Ship Letters
|
|
20 0 0
|
|
|
| Stationery, Mail Bags, and
Office Furniture
|
|
20 0 0
|
|
|
| Transmission of Overland Mails
|
|
10 0 0
|
|
|
|
|
285 0 0
|
50 0 0
|
1
|
|
| Bay of Islands.
|
|
|
335 0 0
|
|
| Deputy Postmaster .
|
20 per cent,
on collections.
|
30 0 0
|
|
|
| Gratuities to
Masters of Vessels, &c.
|
|
15 0 0
|
|
|
| Stationery, Mail Bags, &c.
|
|
10 0 0
|
|
|
| Port Nicholson.
|
|
|
55 0 0
|
|
| Deputy Postmaster .
|
20 per cent,
on collections.
|
50 0 0
|
|
|
| Gratuities to Masters of
Vessels, &c.
|
|
15 0 0
|
|
|
| Stationery, Mail Bags, &c. ...
|
|
5 0 0
|
|
|
| Hokianga.
|
|
|
70 0 0
|
|
| Deputy Postmaster
|
20 per cent,
on collections.
|
15 0 0
|
|
|
| Gratuities to Masters of
Vessels, &c.
|
collections.
|
5 0 0
|
|
|
| Stationery, Mail Bags, &c. ...
|
|
5 0 0
|
|
|
| Transmission of Overland Mails ...
|
|
15 0 0
|
|
|
| Amount carried forward
|
|
|
40 0 0
|
|
|
|
|
8372 7 6
|
2200 0 0
|
[Image of page 342]
|
|
Salaries.
|
Contingencies.
|
Total of each
Department.
|
Total.
|
|
|
£. s. d.
|
£. s. d.
|
£. s. d.
|
£. s. d.
|
| Amount brought forward.........
|
|
|
8372 7 6
|
2200 0
|
| Waimate. |
|
|
|
|
| Deputy Postmaster
|
20 per cent,
on collections.
|
5 0 0
|
|
|
| Stationery, Mail Bags, &c. -
|
|
5 0 0
|
|
|
|
|
|
|
10 0 0
|
|
| Kaipara. |
|
|
|
|
| Deputy Postmaster ...
|
20 per cent,
on collections.
|
5 0 0
|
|
|
| Gratuities to Masters of
Vessels, &c.
|
|
5 0 0
|
|
|
| Stationery, Mail Bags, &c.
|
|
5 0 0
|
15 0 0
|
|
|
|
|
|
|
|
| COMMISSIONERS FOR EXAMINING
INTO TITLES TO LAND.
|
|
|
|
|
| One Commissioner at £2. per diem
|
730 0 0
|
|
|
|
| Two ditto at £1. 10s. ditto
|
1095 0 0
|
|
|
|
| One Clerk, third Class
|
125 0 0
|
|
|
|
| Travelling Expenses |
|
500 0 0 |
2450 0 0 |
|
| COLONIAL STORE.
|
|
|
|
|
| Storekeeper ....
|
250 0 0
|
|
|
|
| One Clerk at 6s. per diem
|
109 10 0
|
|
|
|
| One Store-Porter at 5s. ditto
|
91 5 0
|
|
|
|
|
|
|
|
450 15 0
|
|
| HARBOUR-MASTER'S DEPARTMENT.
Auckland.
|
|
|
|
|
| Harbour Master .
|
200 0 0
|
|
|
|
| Four Coxswains at £69 each ...
|
276 0 0
|
|
|
|
| Eight Boatmen at a60. each ...
|
480 0 0
|
|
|
|
| Conductor for Signal Station ...
|
60 0 0
|
|
|
|
| Bay of Islands.
|
|
|
|
|
| Conductor for Signal Station
|
60 0 0
|
|
|
|
| COLONIAL BRIG " VICTORIA."
|
|
|
1076 0 0
|
|
| Commander at 7s 6d per diem -
|
136 17 6
|
|
|
|
| First Officer at £6. per month
|
72 0 0
|
|
|
|
| Second ditto, and Boatswain,
at £4. per month
|
48 0 0
|
|
|
|
| Steward at £4. per month
|
48 0 0
|
|
|
|
| Carpenter 3s. 9d. per diem - - -
|
68 8 9
|
|
|
|
| Twelve Seamen, each £3. 10s. per month
|
504 0 0
|
|
|
|
| Allowance to Commander for
necessary Money £24.,
and Stationery £3. ...
|
|
27 0 0
|
|
|
| Table Allowance for Commander
and two Officers, at 1s. 6d.
each, per diem ...
|
|
82 2 0
|
|
|
| Rations for Crew and Officers of
Brig (17 in number), at Is. l 1/2.
each per diem - . .
|
|
349 0 7
|
|
|
| Wear and Tear of Vessel and Stores
|
|
200 0 0
|
|
|
| I
|
877 6 3
|
658 3 1
|
|
|
|
|
|
|
1535 9 4
|
|
| Amount carried forward
|
|
|
13909 11 10
|
2200 0 0
|
[Image of page 344]
|
|
Salaries.
|
Contingencies.
|
Total of each
Department.
|
Total.
|
|
|
£. s. d.
|
£. s. d.
|
£. s. d.
|
£. s. d.
|
| Amount brought forward
|
|
|
13809 11 10
|
2200 0 0
|
| ABORIGINES.
|
|
|
|
|
| Chief Protector -
|
400 0 0
|
|
|
|
| Four Sub-Protectors at £150. each
|
600 0 0
|
|
|
|
| One Clerk of the third Class
|
125 0 0
|
|
|
|
| Forage for one Horse,
at 2s. 6d. per diem
|
|
45 12 6
|
|
|
| Allowance for Six Natives for
Chief Protector, and four for
each Sub-Protector at £20. per annum each
|
|
440 0 0
|
|
|
| Travelling Expenses
|
|
525 0 0
|
|
|
| Incidental Expenses for
Food and Presents to Natives
|
|
200 0 0
|
|
|
|
|
1125 0 0
|
1210 12 6
|
2335 12
|
|
| COLONIAL SURGEON.
|
|
|
|
|
| Colonial Surgeon at 13s. per diem
|
237 5 0
|
|
|
|
| Lodging Money
|
|
50 0 0
|
|
|
| Allowance for Hospital Servant
|
|
27 7 6
|
|
|
| Medicines and Incidental Expenses
|
|
50 0 0
|
|
|
|
|
237 5 0
|
127 7 6
|
364 12 6
|
|
| Total Civil Establishment
|
|
|
|
16609 16 10
|
| III.---SURVEY DEPARTMENT. |
|
|
|
|
| Surveyor-General
|
600 0 0
|
|
|
|
| Five Assistant Surveyors,
at £200. each
|
1000 0 0
|
|
|
|
| Two Draftsmen, at £150. each
|
300 0 0
|
|
|
|
| Two Clerks, 3rd class,
at £125. each
|
259 0 0
|
500 0 0
|
|
|
| Forty Men for Field Parties,
at £70. each -
|
2800 0 0
|
|
|
|
| Work to be performed by Contract
|
|
|
|
(
|
| Forage for 2 Horses for
Surveyor-General, and 5 for
|
|
|
|
|
| five Assistant Surveyors,
at 2s. 6d. each, per diem
|
|
264 12 6
|
|
|
| Instruments and Field Equipment
|
|
250 0 0
|
|
|
| Incidental Expenses - -
|
|
100 0 0
|
|
|
|
|
4950 0 0
|
1214 12 6
|
|
|
| Total Survey Department
|
|
|
|
6164 12 0
|
| IV.---DEPARTMENT OF PUBLIC
WORKS AND BUILDINGS...
|
|
|
|
|
| Superintendent
|
180 0 0
|
|
|
|
| Clerk, at 5s. per diem
|
91 5 0
|
|
|
|
| Foreman
|
156 10 0
|
|
|
|
| Superintendent of Stock,
at 5s. per diem
|
91 5 0
|
|
|
|
| Forage for 8 Horses,
at 2s. 6d. each ditto
|
|
365 0 0
|
|
|
| Carts, Harness, Tools,
and Incidental Expenses
|
|
350 0 0
|
|
|
|
|
519 0 0
|
715 0 0
|
|
|
| Amount carried forward
|
|
|
1234 0 0
|
24974 9 4
|
[Image of page 346]
|
|
Salaries.
|
Contingencies.
|
Total of each
Department.
|
Total.
|
|
|
£. s. d
|
£. s. d.
|
£. s. d.
|
£. s. d.
|
| Amount brought forward
|
|
|
1234 0 0
|
24,974 9 4
|
| PUBLIC WORKS.
|
|
|
|
|
| Fencing and Clearing
the Government Domain
|
|
350 0 0
|
350 0 0
|
|
| PUBLIC BUILDINGS.
|
|
|
|
|
| Towards constructing a
Court House (already ordered)
|
|
390 0 0
|
|
|
| For completing the same
|
|
600 0 0
|
|
|
| For constructing Public
Offices at Auckland
|
|
500 0 0
|
|
|
| " " a Post Office ditto
|
|
100 0 0
|
|
|
| " " a Custom House ditto
|
|
280 0 0
|
|
|
| " " a Police Lock-up and temporary
|
|
|
|
|
| Cells for Gaol
|
|
500 0 0
|
|
|
| For the construction of Stables,
& completing kitchen,
|
|
|
|
|
| Servants' Bed-rooms,
Out-houses, and Verandah
|
|
|
|
|
| of Government House
|
|
1,100 0 0
|
|
|
| Incidental Expenses
|
|
300 0 0
|
|
|
|
|
|
|
3,770 0 0
|
|
| TOTAL PUBLIC WORKS AND BUILDINGS
|
|
|
|
5,354 0 0
|
| V.---JUDICIAL ESTABLISHMENT.
|
|
|
|
|
| SUPREME COURT.
|
|
|
|
|
| Registrar and Clerk of the Court
|
300 0 0
|
|
|
|
| Crier of the Court and Tipstaff
|
20 0 0
|
|
|
|
| Travelling Expenses of
Judge and Officers
|
|
150 9 0
|
|
|
| Expenses of Jurors and Witnesses
attending Criminal Trials
|
|
150 0 0
|
|
|
|
|
320 0 0
|
300 0 0
|
|
|
| LAW OFFICERS OF THE CROWN.
|
|
|
620 0 0
|
|
| Attorney-General
|
400 0 0
|
|
|
|
| Clerk to ditto, 3rd class
|
125 0 0
|
|
525 0 0
|
|
| COURTS OF GENERAL,
QUARTER, AND PETTY
|
|
|
|
|
| SESSIONS, AND OF REQUESTS.
|
|
|
|
|
| Chairman of Quarter Sessions
and Commissioner of Court of Requests
at Auckland and Russell
|
300 0 0
|
|
|
|
| Ditto ditto Travelling Expenses
|
|
50 0 0
|
|
|
| Ditto ditto at Port Nicholson
|
300 0 0
|
|
|
|
| Clerk of the Peace and Petty
Sessions, and Registrar
of the Court of Requests at Auckland
|
200 0 0
|
|
|
|
| Ditto at Russell
|
200 0 0
|
|
|
|
| Ditto at Port Nicholson
|
200 0 0
|
|
|
|
| Three Criers at £12. each
|
36 0 0
|
|
|
|
| Expenses of Witnesses and Jurors
|
|
200 0 0
|
i
|
|
|
|
1,236 0 0
|
250 0 0
|
|
|
| CORONERS.
|
|
|
1,486 0 0
|
|
| Auckland.
|
|
|
|
|
| Coroner (by Fees) -
|
|
30 0 0
|
|
|
| Medical Attendance at Inquests
|
|
15 0 0
|
|
|
|
|
|
45 0 0'
|
|
|
| Amount carried forward
|
|
|
2,631 0 0
|
30,328 9 4
|
[Image of page 348]
|
|
Salaries.
|
Contingencies.
|
Total of each
Department.
|
Total.
|
|
|
£. s. d.
|
£. s. d.
|
£. s. d.
|
£. s. d.
|
| Amount brought forward
|
|
45 0 0
|
2,631 0 0
|
30,328 9 4
|
| Bay of Islands.
|
|
|
|
|
| Coroner (by Fees)
|
|
30 0 0
|
|
|
| Medical Attendance at Inquests
|
|
5 0 0
|
|
|
| Port Nicholson.
|
|
|
|
|
| Coroner (by Fees)
|
|
30 0 0
|
|
|
| Medical Attendance at Inquests
|
|
15 0 0
|
135 0 0
|
|
| SHERIFF'S DEPARTMENT.
|
|
|
|
|
| Sheriff
|
|
|
|
|
| Deputy Sheriff, Port Nicholson
|
50 0 0
|
|
|
|
| ditto Russell
|
50 0 0
|
|
|
|
| One Clerk, 3rd class
|
125 0 0
|
|
|
|
| Sheriff's Bailiff,
at 4s. 3d. per diem
|
77 11 3
|
|
|
|
| TOTAL JUDICIAL ESTABLISHMENT
|
|
|
302 11 3
|
3,068 11 3
|
| VI.---DEPARTMENT OF POLICE AND GAOLS
|
|
|
|
|
| MOUNTED POLICE.
|
|
|
|
|
| One Lieutenant at 6s. per diem
|
109 10 0
|
|
|
|
| One Sergeant, at 2s. 4d. do. -
|
41 12 8
|
|
|
|
| One Corporal, at Is. 9d. do.
|
31 18 9
|
|
|
|
| One Trooper, at Is. 2d. do.
|
21 5 10
|
|
|
|
| Seven ditto, at Is. do.
|
127 15 0
|
|
|
|
| Forage for 11 horses, for
Commandant, Non-commissioned Officers,
& Troopers, at 2s. 6d. per diem
|
|
501 17 6
|
|
|
| Saddlery and Incidental Expenses
|
|
50 0 0
|
|
|
| Clothing for 2 Non-commissioned
Officers and 10
|
|
|
|
|
| Troopers, at £4. 16s. each
|
|
57 12 0
|
|
|
| Arms, Accoutrements, and Ammunition
|
|
5 10 0
|
|
|
| Rations
|
|
400 0 0
|
|
(
|
|
|
332 2 3
|
1,014 19 6
|
1,347 1 9
|
|
| AUCKLAND POLICE.
|
|
|
|
|
| Chief Police Magistrate
|
300 0 0
|
|
|
|
| Chief Constable at 5s.,
two Sergeants at 4s. 3d.,
|
|
|
|
|
| and six Privates at 3s. 6d.
each per diem
|
707 3 9
|
|
1,007 3 9
|
|
| RUSSELL.
|
|
|
|
|
| Police Magistrate -
|
250 0 0
|
|
|
|
| Chief Constable at 5s.,
three Sergeants at 4s. 3d.,
|
|
|
|
|
| and six Privates at 3s. 6d.
each per diem
|
629 12 6
|
|
|
|
| Four Boatmen at £60. each
|
240 0 0
|
|
1,119 12 6
|
|
| PORT NICHOLSON.
|
|
|
|
|
| Police Magistrate
|
250 0 0
|
|
|
|
| Chief Constable at 5s.,
three Sergeants at 4s. 3d.,
and eight Privates
at 3s. 6d. each per diem
|
834 18 9
|
|
|
|
| Four Boatmen at £60. each
|
240 0 0
|
|
|
|
|
|
|
|
1,324 18 9
|
|
| Amount carried forward
|
|
4,798 16 9
|
330,397 7
|
[Image of page 350]
|
|
Salaries.
|
Contingencies.
|
Total of each
Department.
|
Total.
|
|
|
£. s. d.
|
£. s. d.
|
£. s. d.
|
£. s. d.
|
| Amount brought forward
|
|
|
4,798 16 9
|
33,397 0 7
|
| HOKIANGA.
|
|
|
|
|
| Police Magistrate - - - -
|
250 0 0
|
|
|
|
| Chief Constable at 5s.,
one Sergeant at 4s. 3d., and
two Privates at 3s. 6d. each per diem
|
295 13 9
|
|
|
|
| Four Boatmen to act as Constables
at 3s. 6d. each per diem .
|
255 10 0
|
|
801 3 9
|
|
| AKAROA.
|
|
|
|
|
| Police Magistrate - - - - -
|
250 0 0
|
|
|
|
| One Sergeant at 4s. 3d.,
two Privates at 3s. 6d., and
four boatmen at £60. each
|
445 6 3
|
|
695 6 3
|
|
| Visiting Magistrate for Cook's Straits
|
250 0 0
|
|
|
|
| Travelling Expenses, (Boat-hire, &c.)
|
|
500 0 0
|
|
|
|
|
250 0 0
|
500 0 0
|
750 0 0
|
|
| GAOLS.
|
|
|
|
|
| One Gaoler at - - Auckland, ditto -
Russell, ditto - Port Nicholson
at 5s. each per diem ...
|
273 15 0
|
|
|
|
| One Assistant at ditto, ditto,
ditto, at 4s. each per diem
|
219 0 0
|
|
|
|
| Rations for 30 Prisoners
at 7d. each per diem
|
|
319 7 6
|
|
|
| Medical Attendance -
|
|
100 0 0
|
|
|
|
|
492 15 0
|
419 7 6
|
912 2 6
|
|
| TOTAL POLICE AND GAOLS
|
|
|
|
7,957 9 3
|
| VII -ECCLESIASTICAL ESTABLISHMENT.
|
|
|
|
|
| One Minister at Auckland,
ditto Russell, ditto Port Nicholson,
at £150. each per annum
|
450 0 0
|
|
|
|
| TOTAL ECCLESIASTICAL ESTABLISHMENT
|
|
|
|
450 0 0
|
| VIII.---SCHOOL ESTABLISHMENT.
|
|
|
|
|
| One Schoolmaster at £40.
and one Schoolmistress at
£20. per annum,
at Auckland
|
60 0 0
|
|
|
|
| One Native Schoolmaster
|
40 0 0
|
|
|
|
| One Schoolmaster at Port Nicholson
|
40 0 0
|
|
|
|
| TOTAL SCHOOL ESTABLISHMENT
|
|
|
|
140 0 0
|
| Amount carried forward
|
|
|
41,944 9 10
|
[Image of page 352]
|
|
Salaries.
|
Contingencies
|
Total of each
Department.
|
Total.
|
|
|
£. s. d.
|
£. s. d.
|
£. s. d.
|
£. s. d.
|
| Amount brought forward
|
|
|
|
41,944 9 10
|
| IX.---MISCELLANEOUS. |
|
|
|
|
| Stationery .
|
|
219 13 6
|
|
|
| Printing Gazette
|
|
208 0 0
|
|
|
| Forms
|
|
650 0 0
|
|
|
| Ordinances of Council, &c.
|
|
200 0 0
|
|
|
| Fuel and Lights
|
|
100 0 0
|
|
|
| Furniture for Public Offices
|
|
400 0 0
|
|
|
| For Purchases of Land from the Natives
|
|
4,000 0 0
|
|
|
| Towards erecting Churches and
other places of Public Worship.
|
|
1,000 0 0
|
|
|
| For Roads and Bridges
|
|
2,000 0 0
|
|
|
| To meet unforeseen Expenses
|
|
200 0 0
|
|
|
| TOTAL MISCELLANEOUS
|
|
|
|
8,977 13 6
|
| TOTAL |
|
|
|
50,922 3 |
Amounting to Fifty thousand nine hundred and twenty-two Pounds, three shillings, and four-pence.
WILLOUGHBY SHORTLAND,
Colonial Secretary.
Colonial Secretary's Office, Auckland, New Zealand,
2nd July, 1841.
[Image of page 353]
APPENDIX.
No. 2.
ESTIMATE
Of the probable amount of Revenue for the service of the Government of New Zealand, for one Year.
| ORDINARY |
|
|
|
|
| Customs
|
£13000
|
0
|
0
|
|
| Post Office
|
500
|
0
|
0
|
|
| Publicans' and other Licenses
|
2400
|
0
|
0
|
|
| Auction Duties
|
1000
|
0
|
0
|
|
| Fees and Fines of Public Offices
|
2500
|
0
|
0
|
|
| Total of Ordinary Revenue
|
|
|
|
19,400 0 0
|
| EXTRAORDINARY |
|
|
|
| Probable amount of Proceeds of Sales
of Crown Lands, after payment of Charges
for Immigration, Survey Department and
Land Purchases
|
18,917
|
13
|
I
|
| Nett Revenue available for Government purposes .
|
£38,317
|
13
|
9
|
WILLOUGHBY SHORTLAND,
COLONIAL SECRETARY.
Colonial Secretary's Office, Auckland,
New Zealand, 2nd July, 1841.
[Image of page 354]
APPENDIX.
No. 3.
STATEMENT
Shewing the appropriation of the Revenue arising from the sale of Crown Lands in New Zealand.
| Probable Proceeds of Sale of Crown Lands .
|
£50,000
|
0
|
0
|
| Expenditure.
|
|
|
|
| For Survey Department - - - - - - -- - - - - - - £6,164 12 6
|
|
|
|
| For purchase of Lands from the Aborigines . 4,000 0 0
|
|
|
|
| Works indispensable to give an exchangeable value to the Land, viz:
For Roads, Bridges, &c. . 2,000 0 0
|
12,164
|
12
|
6
|
| Surplus of Land Fund
|
£37,835
|
7
|
6
|
| 50 per cent, for charges of Immigration
|
18,917
|
13
|
9
|
| Amount available for the general purposes of the Colony .
|
£18,917
|
13
|
9
|
WILLOUGHBY SHORTLAND,
COLONIAL SECRETARY.
Colonial Secretary's Office, Auckland,
New Zealand, 2nd July, 1841.
[Image of page 355]
No. 4.
ABSTRACT STATEMENT
Of the Revenue and Expenditure of the Government of New Zealand, for One Year.
| REVENUE.
|
AMOUNT.
|
|
EXPENDITURE.
|
AMOUNT
|
|
|
|
£. s. d.
|
|
|
£. s. d.
|
| Ordinary, per Statement No. 2.
|
19,400 0 0
|
Aggregate Amount, per Statement, No. 1.
|
|
|
| Extraordinary ditto ditto
|
18,917 13 9
|
|
£50,922 3 4
|
|
| Excess of Expenditure over Revenue..
|
439 17 1
|
Deductions ditto No. 3.
|
12,164 12 6
|
38,757 10 10
|
| Total.
|
38,757 0 10
|
|
|
38,757 10 10
|
WILLOUGHBY SHORTLAND,
COLONIAL SECRETARY.
Colonial Secretary's Office, Auckland,
New Zealand, 2nd July, 1841.
[Image of page 356]
APPENDIX,
A BILL
For regulating the Survey and Sales of Land belonging to the Crown in the Australian Colonies and New Zealand.
[Note.---The words printed in Italics are proposed to be inserted in the Committee.]
WHEREAS it is expedient that an uniform system of disposing of the waste lands of the Crown in the Australian Colonies should be established; Be it enacted, by the Queen's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That within the Australian Colonies the waste lands of the Crown shall be disposed of in the manner and according to the regulations hereinafter prescribed, and not otherwise.
And be it enacted, that the waste lands of the Crown in the Australian Colonies shall not, save as hereinafter is excepted, be conveyed or alienated by her Majesty, or by any person or persons acting on the behalf or under the authority of her Majesty, either in fee-simple or for any less estate or interest, unless such conveyance or alienation be made by way of sale, nor unless such sales be conducted in the manner and according to the regulations hereinafter prescribed.
Provided always, and be it enacted, that nothing in this act contained shall extend, or be construed to extend, to
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prevent her Majesty, or any person or person acting on the behalf or under the authority of her Majesty, from excepting from sale, and either reserving to her Majesty, her heirs and successors, or disposing of in such other manner as for the public interests may seem best, such lands as may be required for public roads or other internal communications, whether by land or water, or for the use or benefit of the aboriginal inhabitants of the country, or for purposes of military defence, or as the sites of places of public worship, schools, or other public buildings, or as places for the interment of the dead, or places for the recreation and amusement of the inhabitants of any town or village, or as the sites of public quays or landing places on the sea coast or shores of navigable streams, or for any other purpose of public safety, convenience, health, or enjoyment.
And be it enacted, that, save as hereinafter is excepted in reference to blocks of twenty thousand acres of land or upwards no waste lands of the Crown, in any of the said colonies, shall be so conveyed or alienated as aforesaid, until the same shall have been surveyed, and shall have been delineated in the public charts of such colony, in such lots as shall be subsequently offered and put up for sale, which lots shall in no case, save as aforesaid, contain an area exceeding one superficial square mile.
And be it enacted, that, under and subject to the various provisions and regulations hereinafter contained, the governor for the time being of each of the said colonies is hereby authorized and required in the name and on the behalf of her Majesty, to convey and alienate in fee-simple, or for any less estate or interest, to the purchaser or purchasers thereof, any waste lands of the Crown in any such colony; which conveyances or alienations shall be made in such forms, and with such solemnities, as shall from time to time be prescribed by her Majesty, and being so made shall be valid and effectual in the law, to transfer to and to invest in
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possession in any such purchaser or purchasers, any such lands as aforesaid for any such estate or interest as by any such conveyance as aforesaid shall be granted to him, her, or them.
And be it enacted, that once at the least in each of the four usual quarters of the year, and on as many other occasions as to the governor for the time being of any such colony shall seem meet, there shall be holden one or more public sales by auction of the waste lands of the Crown within such colony; and that every such governor shall, by proclamation or proclamations, to be from time to time by him for that purpose made in manner hereinafter mentioned, declare with all practicable precision the times and the places at which such auctions will be holden, and what are the lands to be offered for sale at each of such auctions, and what are the upset prices at which they will be offered for sale; and it shall not be lawful for any such governor to sell, or to cause to be sold, any such lands, unless they shall have been specified as about to be offered for sale by such proclamation as aforesaid, issued at some time within three calendar months next preceding the actual sale thereof.
And be it enacted, that in every such proclamation as aforesaid, the lands specified therein as about to be offered for sale shall be distinguished into three separate classes, the first of which shall be described as town lots, the second of which shall be described as suburban lots, and the third of which shall be described as country lots; and within the first of the said classes shall be comprised all lands situate within the limits of any existing town to be in that behalf especially named and described by the governor, or within any locality to be designated by the governor as the site of any town to be thereon erected; and within the second of the said classes shall be comprised all lands situate within the distance of five miles from the nearest point of any existing or contemplated town, unless in any case the governor for the
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time being of any such colony shall see fit to exclude any such last-mentioned lands from the said class of suburban lots, on the ground that they will not in his judgment derive any increased value from their vicinity to any such town: and within the third of the said classes shall be comprised all lands not comprised within the first and second classes: provided nevertheless, that nothing herein contained shall extend or be construed to extend to prevent the putting up for sale of lands of any one or more of the said classes, apart from lands of both or either of the other classes.
And be it enacted, that none of the waste lands of the Crown shall be sold at any such auction in any of the said colonies, unless the sum of one pound at the least for each acre of such land be then and there offered for the same, which sum of one pound per acre shall be the lowest upset price of any of the waste lands of the Crown in any of the said colonies, but which lowest upset price shall be liable to be from time to time raised in any such colony in manner hereinafter mentioned.
And be it enacted, that it shall be lawful for the governor of any such colony, at his discretion, by any such proclamation or proclamations as aforesaid, to raise the lowest upset price of the waste lands of the Crown in any such colony; and it shall be lawful for her Majesty, by any instructions addressed to any such governor, under her Majesty's signet and sign manual, with the advice of her Majesty's Privy Council, either to raise the lowest upset price of the waste lands of the Crown in any such colony, or to disallow and reduce back, either wholly or in part, any increase of the said upset price which, in exercise of the authority vested in him, any such governor may, in manner aforesaid, have made of the upset price, by any such proclamation or proclamations as aforesaid: provided always, that no such instructions reducing the lowest upset price of land as raised by any such proclamation or proclamations shall be so issued
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as aforesaid by her Majesty after the lapse of six months from the receipt by one of her Majesty's principal secretaries of state from such governor of a transcript of any such proclamation.
And be it enacted, that it shall not be competent to the governor of any such colony, nor, save as aforesaid, to her Majesty, to reduce the amount to which, in manner aforesaid, the lowest upset price of lands within such colony may at any time have been so increased by such governor, or by her Majesty.
And be it enacted, that in respect of any part not exceeding one tenth of the whole of the lands of the third class for the first time offered for sale at any such auctions as aforesaid, it shall be lawful for any such governor, by any such proclamation or proclamations as aforesaid, to name an upset price higher than the lowest upset price of waste lands in the colony, and such excepted lands of the third class shall be designated as "special country lots;" and that in respect of any lot or lots consisting of lands, either of the first or of the second classes to be comprised in any such sales, it shall be lawful for the governor for the time being to fix the upset price of any such lot or lots at any sum exceeding the lowest upset price of waste lands within the colony in which the same may be situated, and from time to time to raise or lower, as to him may seem requisite for the public interests, the price of such lots, consisting of lands of the first or the second class, so always that such upset price shall never be less than the lowest upset price of waste lands within the said colony.
And be it enacted, that no land comprised in the said first or second classes shall be sold in any of the said colonies, otherwise than by public auction; but that any lands comprised in the third of the said classes shall and may be sold by the governor for the time being of the colony within which the same are situate, by private contract, if the
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same shall first have been put up to public auction in manner aforesaid, and shall not have been sold at such auction: Provided, that no such land shall be so sold by any such private contract for less than the upset price at which the same was last put up for sale by auction; or if any bidding above that price was made for the same at such last preceding auction, then at less than the amount of such bidding, after deducting the amount of any deposit that may have been paid thereon; provided also, that if between any two successive sales by auction an increase shall, in manner aforesaid, have been made of the upset price of lands, no land affected by such increase shall subsequently be sold by private contract, until after the same shall again have been put up to sale by auction at such increased upset price.
And be it enacted, that no waste lands of the Crown shall be sold in any such colony by any such private contract as aforesaid, except for ready mony, to be paid at the signing of such contract; and that no waste lands of the Crown shall be sold at any such public auction as aforesaid, unless on condition of paying at the time of the sale, in ready money, a deposit, the amount of which shall be fixed by any such proclamation or proclamations as aforesaid, at not less than one-tenth of the whole price, nor unless the purchaser or purchasers shall contract to pay the residue of such price, within one calendar month next after the time of such sale by auction; and shall further contract that on failure of such payment the deposits shall be forfeited, and that the contract shall be thenceforward null and void.
And be it enacted, that by any proclamation or proclamations to be from time to time for that purpose issued by the governor of any such colony, in the manner hereinafter mentioned, it shall be lawful for him to divide such colony, for the purposes hereinafter mentioned, into any number of territorial divisions, not exceeding four; and for the purposes, and within the meaning of this present act each of
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such territorial divisions shall be considered as a distinct and separate colony, saving only that as regards the appropriation hereinafter directed, of a certain portion of the proceeds of sales of land to the introduction of emigrants from the United Kingdom, it shall be sufficient that such emigrants be introduced into any part of the entire colony, without reference to the territorial division in which such proceeds of sales may have accrued: and provided always, that it shall be lawful for her Majesty, by any instructions to be issued by her Majesty in manner before mentioned, to disallow and annul any such proclamation or proclamations; provided, that such instructions be issued within six calendar months next after the receipt by one of her Majesty's principal Secretaries of State, from such governor of the transcript of such proclamation: provided also, that such instructions shall take effect within the said colony, upon the receipt thereof by the said governor, and not before.
And be it enacted, that if any person or persons shall offer to purchase from the governor of any such colony by private contract any block of unsurveyed land, comprising twenty thousand acres or more, and forming, as nearly as the natural landmarks of the country will admit, a parallelogram, of which no one side shall be more than twice the length of any other side, it shall be lawful for the governor, by any such private contract, to effect any such sale on such terms and conditions as to him shall seem meet: Provided, that such lands be not sold for less than the lowest upset price of lands per acre in the colony in which the same may be situated; and provided, that the purchaser or purchasers of any such lands shall not be entitled to any survey thereof, except so far as may be necessary to ascertain the external marks and bounds thereof.
And whereas it may be convenient that means should be provided for the payment within the United Kingdom, of
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the purchase-money of waste lands of the Crown within the said colonies: and whereas by a warrant under her Majesty's sign manual, bearing date on the tenth day of January one thousand eight hundred and forty, her Majesty was pleased to appoint certain persons therein named to be, during her Majesty's pleasure, Commissioners in the United Kingdom, for the sale of the waste lands of the Crown in her Majesty's colonies, and for superintending the emigration of her Majesty's subjects to such colonies; be it therefore enacted, that if any person or persons shall pay for the purchase of waste lands of the Crown in any of her Majesty's Australian Colonies any sum or sums of money to the Commissioners of her Majesty's treasury of the United Kingdom of Great Britain and Ireland, or to any person or persons to be appointed by the said Commissioners of her Majesty's treasury, or any three of them, to receive the same, the said Commissioners of colonial lands and emigration for the time being are hereby authorized and required, subject to such rules as shall be prescribed for their guidance in that respect, by the Commissioners of her Majesty's treasury, to grant under their hands and seal of office certificates to any such purchaser or purchasers of the amount of any such payments, which certificates shall, on production thereof to the governor for the time being of any such colony, be received by him as equivalent to the amount of money for which the same shall respectively be given, so far, and only so far, as the same may be tendered to such governor in payment for the price of any waste lands of the Crown, to be there purchased, either at public auction or by private contract, in the manner and subject to the regulations by this present act prescribed, in respect of such purchasers.
And be it enacted, that nothing herein contained shall extend or be construed to extend to prevent the Governor of any of the said Colonies from granting to any person or
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persons a license for the occupation, for any time not exceeding twelve calendar months from the date thereof, of any waste lands of the Crown in any such colony, or a license for felling, removing and selling the timber growing on any such lands.
And be it enacted, that all charges which shall be incurred in any of the Australian colonies for the expense of the survey and management of the waste lands of the Crown therein, or for effecting such sales by auction or by private contract, or otherwise in carrying into effect the provisions of this present Act within any such colony, shall, in the first instance, be chargeable upon and defrayed from the proceeds of sales of Waste Lands, unless provision shall otherwise be made for defraying such charges by any law or ordinance to be enacted by the local Legislature of any such Colony.
And be it enacted, that, subject to the charge above mentioned, One equal half part, at the least, of the proceeds of the sales of the waste lands of the Crown in each of the said colonies shall be, and the same is hereby appropriated towards defraying the expense of the removal from the United Kingdom to the colony wherein such revenue accrued, of emigrants not possessing the means of defraying the expense of their own emigration thither, which money shall be expended by the commissioners of Her Majesty's Treasury, or by such person or persons as shall be authorized by them to expend the same, but subject to such regulations regarding the selection of emigrants, the means to be provided for their conveyance, and their superintendence during the voyage to the colony to which they are destined, and for their reception and settlement in that colony, as shall from time to time be prescribed by Her Majesty in Her Privy Council, or through one of Her Majesty's principal Secretaries of State, to the governor of such respective colonies, and to the commissioners for the time being of colonial lands and emigration.
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Provided always, and be it enacted, that nothing herein contained shall affect or be construed to affect any contract made by or on the behalf of Her Majesty with respect to any lands situate in any of the said colonies, in cases where such contracts shall have been lawfully made before the time at which this Act shall take effect in any such colony.
And be it enacted, that this Act shall take effect and have the force of law in each of the Australian colonies from the day of the receipt of a copy thereof by the governor of such colony, which day such governor shall certify and make known to the inhabitants of such colony by a proclamation, to be by him for that purpose forthwith issued.
And be it enacted, that by the words "Australian Colonies," as employed in this act, are intended and described the Colonies of New South Wales, Van Diemen's Land, South Australia and Western Australia, and New Zealand, with their respective Dependencies, as such colonies are now or shall hereafter be defined and limited, and also any other colonies which may hereafter be established within any of the existing limits of the said five colonies, unless it shall in any case seem fit to Her Majesty, by any instrument under the great seal, by which any such new colony may be founded, to postpone either for any period to be therein limited, or indefinitely, as to Her Majesty shall seem meet, the time at which this act shall take effect within any such new colony, in which case this act shall take effect therein from the time to be so limited by such commission, and not before.
And be it enacted, that by the word "Governor," as employed in the present Act, is intended and described the person who for the time being shall be lawfully administering the government of any of the said colonies respectively, and that the several proclamations which the governors of the said respective colonies are hereby authorized to issue,
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shall be so issued by him, under the public seal of the colony, and shall be made public in the most authentic and formal manner in use in any such colony; and that by the words "Waste lands of the crown," as used in the present Act, are intended and described any lands situate therein, and which now are or shall hereafter be vested in Her Majesty, her heirs and successors, and which have not been already granted or lawfully contracted to be granted to any person or persons in fee simple, or for an estate of freehold, or for a term of years, and which have not been dedicated and set apart for some public use.
And be it enacted, that this Act may be altered or amended during the present Session of Parliament.
THE END.
G. NORMAN, PRINTER, MAIDEN LANE, COVENT GARDEN.
