Special Powers and Contracts Act 1878

Special Powers and Contracts Act 1878

Local Act1878 No 64
Date of assent2 November 1878

An Act to grant certain Special Powers to the Governor to issue Crown Grants, and to enable him to carry out certain Contracts and Promises.

  • Preamble

    WHEREAS it is expedient and necessary to give the Governor power to issue the Crown grants, and to do, execute, and perform the several acts and things set forth in the Schedule hereto:

BE IT THEREFORE ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—

1 Short Title

  • The Short Title of this Act shall be The Special Powers and Contracts Act 1878.

2 Crown grants to issue

  • [Repealed]

    Section 2 was repealed, as from 19 November 1907, by section 2 Statutes Repeal Act 1907 (1907 No 40).

3 Legal estate may be antevested

  • For the purpose of evidencing the title to any land specified in the Schedule, the Governor may, in any Crown grant issued under the authority hereof, antevest the legal estate in the grantee to such date as he thinks fit.

4 Validating the power of reservation of roads in The Poverty Bay Grants Act 1869

  • [Repealed]

    Sections 4 and 5, and clause 11 of the Schedule were repealed, as from 31 March 1910, by section 431 Native Land Act 1909 (1909 No 15).

5 Provision in case of land inalienable for a longer period than twenty-one years, except with consent of Governor

  • [Repealed]

    Sections 4 and 5, and clause 11 of the Schedule were repealed, as from 31 March 1910, by section 431 Native Land Act 1909 (1909 No 15).

Schedule
Purpose of legislation

Auckland
1 Tawhiao

  • [Repealed]

    Clauses 1, 2, 4 to 6, and 15 were repealed, as from 19 November 1907, by section 2 Statutes Repeal Act 1907 (1907 No 40).

2 Richard Bosanko

  • [Repealed]

    Clauses 1, 2, 4 to 6, and 15 were repealed, as from 19 November 1907, by section 2 Statutes Repeal Act 1907 (1907 No 40).

3

  • To authorize the Governor, upon the surrender of the scrip originally issued, to issue Volunteer scrip to the undermentioned persons to the amount set opposite the name of each, viz:—

    NameTotals
     $¢
    Frederick Maundrell Alexander...................................................................
    		900
    John Thomas Mellsop...................................................................
    		800
    Arthur Wellesley Manning...................................................................
    		730
    Samuel Barriball...................................................................
    		830
    Edward Constable...................................................................
    		500
    Charles Thomas Barriball...................................................................
    		810
    John Barriball...................................................................
    		830
    Jane Hedge (widow of John Hedge)...................................................................
    		8020
    H Udy...................................................................
    		8020
    Allen Wheeler...................................................................
    		870
    Heywood Crispe...................................................................
    		700
    George Cox...................................................................
    		7985
    James Mellsop...................................................................
    		8980
    Thomas Leddra Wallis...................................................................
    		680
    William Wallace Wallis...................................................................
    		700
    John Gordon...................................................................
    		8750
    Arthur Robert Shackell...................................................................
    		8750
    Henry Henderson...................................................................
    		700
    Archibald Cochrane...................................................................
    		800
    Charles Hooper Green...................................................................
    		820
    DJ Scott...................................................................
    		800
    William Henderson...................................................................
    		800
    James Henderson...................................................................
    		800
    Charles Droomgool...................................................................
    		1020
    Thomas Spur...................................................................
    		200
    Robert McCracken...................................................................
    		600
    Williams Henry Reynolds...................................................................
    		600
    Emile Adolph...................................................................
    		600

    The scrip to be exercised in the purchase of Crown lands in the Provincial District of Auckland, and to be exercised within twelve months from this Act coming into operation.

    The decimal currency references in the Schedule were substituted for the previous references, as from 10 July 1967, pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

4 Heteraka te Whakamua

  • [Repealed]

    Clauses 1, 2, 4 to 6, and 15 were repealed, as from 19 November 1907, by section 2 Statutes Repeal Act 1907 (1907 No 40).

Taranaki
5 James Hill

  • [Repealed]

    Clauses 1, 2, 4 to 6, and 15 were repealed, as from 19 November 1907, by section 2 Statutes Repeal Act 1907 (1907 No 40).

6 Honi Pihama

  • [Repealed]

    Clauses 1, 2, 4 to 6, and 15 were repealed, as from 19 November 1907, by section 2 Statutes Repeal Act 1907 (1907 No 40).

7 Charles Sampson

  • To grant to him in fee-simple land now in his possession, being part of Allotment numbered 103, Waitara West, containing by admeasurement not exceeding 39 acres 1 rood 36 perches, on the payment of $276.50, reserving right of road to and right of taking ballast from the land during five years.

    The expression “$276.50” was substituted, as from 10 July 1967, for the expression “£138 5s” pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

Taranaki-Wellington
8

  • To grant to John Brown, of 24, Grosvenor Street, Edinburgh, Rural Section No 168, Okotuku, Wellington Land District, and Town Section No 107, Kakaramea, Taranaki Land District. The grants to be subject to the provisions of The Crown Grants Act 1866, and Acts amending the same.

9 Tapa te Waero

  • To issue free grants to him for Allotment No 76, Okotuku, and Allotments Nos 396, 397, and 399, Waitotara District, containing together 1,500 acres. The land to be inalienable by sale, gift, or mortgage, and only to be leased for a period not exceeding twenty-one years, with the consent of the Governor. The grant to be subject to the provisions of The Crown Grants Act 1866, and Acts amending the same, and to date from the passing of this Act. The Governor may reserve in the grant a right of road not exceeding 100 links wide.

Wellington
10

  • Betty Nicol (a Maori woman). To grant 150 acres, to be selected by her from any rural land open for sale in the District of Wellington. The grant to be issued to a Trustee named by the Governor upon trust for the sole and separate use of the said Betty Nicol for life without power to anticipate, and after her death for all her half-caste children in equal shares. Trustee to have such powers as Governor may think expedient to set forth in the grant. The grant may be registered under The Land Transfer Act 1870, notwithstanding any trusts expressed therein. The assurance fund not to be responsible for any breach of such trusts. Grant to be subject to the provisions of The Crown Grants Act 1866, and Acts amending the same. The Governor may reserve in the grant a right of road not exceeding 100 links wide.

    The word “Maori” was substituted, as from 27 November 1947, for the word “Native” pursuant to section 2(2) Maori Purposes Act 1947 (1947 No 59).

11 Hoani Meihana

  • [Repealed]

    Sections 4 and 5, and clause 11 of the Schedule were repealed, as from 31 March 1910, by section 431 Native Land Act 1909 (1909 No 15).

12 Smith, William Mein, and Revans, Samuel

  • To authorize the issue of land scrip to them to the value of $1,050, in fulfilment of an award of the New Zealand Company's Land Claims Commissioner, at Wellington, dated 26th of June, 1854. Such scrip to be exercised in the purchase of Crown lands within the District of Wellington, within twelve months from the date of this Act coming into operation.

    The expression “$1,050” was substituted, as from 10 July 1967, for the expression “£525” pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

Canterbury
13

  • To authorize the Governor to sell and convey part of Rural Section No 247, Lyttelton District, to the Lyttelton Harbour Board, upon payment of the sum of $200.

    The expression “$200” was substituted, as from 10 July 1967, for the expression “£100” pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

14 Lyttelton Harbour Board

  • To sell and convey to it Section 232, Town of Lyttelton, on payment of the sum of $360. Site to be vested in the Harbour Board for the purposes of a graving dock.

    The expression “$360” was substituted, as from 10 July 1967, for the expression “£180” pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

Otago
15

  • [Repealed]

    Clauses 1, 2, 4 to 6, and 15 were repealed, as from 19 November 1907, by section 2 Statutes Repeal Act 1907 (1907 No 40).