New Plymouth Exchanges Completion Act 1874 Amendment Act 1885

New Plymouth Exchanges Completion Act 1874 Amendment Act 1885

Local Act1885 No 4
Date of assent22 September 1885

An Act to amend The New Plymouth Exchanges Completion Act 1874, and to make provision for the completion of other Exchanges.

BE IT 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 is The New Plymouth Exchanges Completion Act 1874 Amendment Act 1885.

2 Act to be read with The New Plymouth Exchanges Completion Act 1874
  • This Act shall be deemed to be incorporated with The New Plymouth Exchanges Completion Act 1874, hereinafter referred to as the said Act, and the provisions of the said Act as herein modified shall apply to this Act and to the exchanges included herein.

3 Interpretation
  • In this Act, if not inconsistent with the context,—

    Exchangee means any person whose land may have been taken or injured under the provisions of certain ordinances of the Superintendent and Provincial Council of Taranaki intituled The Town of New Plymouth Compensation Ordinance 1859, and The Town of New Plymouth Consolidation Ordinance 1859, or either of them, and includes the persons named in the Schedule to the said Act and in the Schedules to this Act, and the heir-at-law, devisee, purchaser, or other persons who on the thirty-first day of August, one thousand eight hundred and seventy-four, shall be proved to have been legally entitled, under the person so named, to the land so taken or injured.

4 Exchanges in Schedule 1 to be subject to the New Plymouth Exchanges Completion Act 1874
  • The exchanges included in Schedule 1 hereto be subject to the provisions of the said Act as amended hereby.

5 Antevesting land in Superintendent of Taranaki
  • The lands mentioned in the first column of the Schedule to the said Act, as amended by this Act, and in the first column of Schedules 1, 2, and 3 to this Act, shall be deemed to have vested in the Superintendent of the late Province of Taranaki on the thirty-first day of August, one thousand eight hundred and seventy-four, upon the trusts and for the purposes provided by section two of the said Act.

6 Grants to be taken up before exchange made
  • Section four of the said Act is hereby repealed, and in lieu thereof it is enacted that, before section three of the said Act shall take effect to vest in the exchangee the land included in the third column of the Schedule to the said Act, as amended by this Act, or in the third column of Schedules 1 and 2 to this Act, the exchangee or person claiming under him shall obtain and take up a grant from the Crown (or, in cases where such exchangee claims under a prior exchange, a certificate of the completion of such prior exchange) for the land to be given up by such exchangee; and such grant or certificate, together with all instruments of title in his control under which the exchangee claims the section given up by him, shall be by such person delivered to the Commissioner of Crown Lands for the district, who shall thereupon issue to such person a certificate in the form in Schedule 4 hereto.

7 Issue of certificate deemed to vest land in exchangee as from 31st August, 1874
  • Any certificate issued under the said Act, or to be issued under this Act (whether under the hand of the Superintendent of the late Province of Taranaki, or of the Commissioner of Crown Lands), shall vest and be deemed to have vested absolutely the land received by the exchangee in such exchangee on the thirty-first day of August, one thousand eight hundred and seventy-four.

8 Before delivering grant security to be given
  • And whereas Crown grants in fulfilment of contracts with the New Zealand Company have been issued, and may hereafter be issued, in the names of persons entitled thereto, but which persons have not made any claim for the issue of such grants, or produced the land orders under which the land included in such grants was held; and it is expedient, in order to facilitate the completion of titles under The New Plymouth Exchanges Commission Act 1865, and the various Acts amending the same, generally to enact as follows: Be it enacted that it shall be lawful for the registrar of Deeds or District Land Registrar, as the case may be, for the district wherein the affected lands are situated to require security (such security being taken in the name of the Lost Land Orders Commissioner), in such form and to such extent as he shall think right, in any case where such land order has been lost or destroyed, and where security has not previously been given, from the person entitled to the Crown grant, before delivering such grant; and the security so taken shall be deemed to be in satisfaction of that required under The Lost Land Orders Act 1861.

9 Removing doubts as to validity of certain conveyances executed by Superintendent
  • And whereas, under the provisions of The New Plymouth Public Works Ordinance 1855, various sections of land in the Town of New Plymouth have been sold by the late Provincial Government, and conveyances of the lands so sold have been executed by the then Superintendent to the purchasers thereof, and it is desirable to remove doubts as to the validity of such conveyances: Be it enacted that such conveyances shall be deemed to have been valid and effectual to vest absolutely in the respective purchasers thereunder the lands therein comprised.

10 Public Trustee to act for grantee absent from colony
  • And whereas it may happen that the owners of sections granted in fulfilment of contracts with the New Zealand Company may be absent from the colony, and have no known agent in the colony: Be it enacted that the Public Trustee, whenever he shall deem it expedient, in order to complete exchanges, or otherwise in the interest of such owner, so to do, may take up such grant and complete such exchange; and all moneys paid by the Public Trustee for such purpose shall be a charge upon the land in respect of which they have been paid.

11 Agreement for certain exchanges deemed to have lapsed
  • And whereas the exchanges intended to have been effected of the following sections cannot be carried out, by reason of the intended exchangees thereof not having acquired a title thereto, and it is expedient to declare that such intended exchanges shall be deemed to have lapsed: Be it therefore enacted that all contracts for the exchange of sections one thousand one hundred and forty-eight, one thousand two hundred, one thousand two hundred and eight, and one thousand two hundred and eleven, New Plymouth, for any other sections, and all certificates of exchange issued under The New Plymouth Exchanges Commission Act 1865, in respect thereof, shall be deemed to have been void.

12 Section 1540, New Plymouth, vested in John Harrison
  • And whereas under the said Act it is provided that one John Harrison, upon surrendering a Crown grant for section one thousand one hundred and seven, New Plymouth, should be entitled to section one thousand five hundred and forty, New Plymouth, and it is expedient to vest the said section one thousand five hundred and forty, New Plymouth, in the said John Harrison, without requiring the surrender of the said Crown grant: Be it enacted that the said section one thousand five hundred and forty may be granted to the said John Harrison as from the thirty-first day of December, one thousand eight hundred and sixty-one, unconditionally.

13 Section 146, New Plymouth, deemed to have vested in Superintendent
  • And whereas one James Evans or his assigns surrendered to the Superintendent of the late Province of Taranaki the Crown grant for section one hundred and forty-six, New Plymouth, and received in lieu thereof a grant from the Crown for section one thousand and thirty-six, New Plymouth: Be it enacted that the whole estate and interest of the said James Evans, the grantee, in the said Section one hundred and forty-six, shall be deemed to have vested in the said Superintendent as from the thirty-first day of December, one thousand eight hundred and sixty-one.

14 Repeal
15 Amendment of Schedule to The New Plymouth Exchanges Completion Act 1874
  • And whereas various errors have been found to exist in the Schedule to the said Act, and it is expedient to amend the same: Be it therefore enacted that the said Schedule shall be read as if the exchanges included in Schedule 2 hereto had been inserted in the said Act, instead of the exchanges for which the same are substituted.

16 Validating grants in Schedule 3
  • And whereas the several exchanges in the said Act comprised in Schedule 3 hereto cannot be given effect to as in the said Act provided, and it is expedient to make other provision for the completion of such exchanges: Be it therefore enacted that grants from the Crown to the exchangees or to the persons through whom they claim for the sections mentioned in the third column of the said Schedule 3 hereto shall be and the same are hereby validated.

17 Section 390, New Plymouth, may be exchanged for Section 297
  • And whereas the exchange intended to have been effected of Sections three hundred and ninety and two hundred and ninety-seven, Town of New Plymouth, cannot be carried out by reason of an error made in the Report number one thousand two hundred and fifty-six of the New Zealand Company's Lands Claims Commissioner on claim number one thousand six hundred and eighteen, respecting the former of such sections, and there is no means by which such Commissioner can now correct the said error: And whereas it is expedient, in order to enable the said exchange to be completed, to annul the said report: Be it therefore enacted that the said Report number one thousand two hundred and fifty-six, whereby one Samuel Farrar is decided to be entitled to a Crown grant for Section three hundred and ninety, Town of New Plymouth, is hereby annulled from the date thereof.


Schedule 1
Exchange certificates issued in continuation of certificates in Schedule to Act of 1874

Col 1Column 2Col 3
Sections given to Superintendent.EXCHANGEE.Sections received from the Superintendent.
No. No.
110Henry Lancelot Redhead, New Plymouth, gentleman113
136Henry Lancelot Redhead, New Plymouth, gentleman140
390Thomas Poole Waterhouse, Halifax, Yorkshire, gentleman297
392Ellen Fletcher, Naples, spinster1319
405Thomas John Lowndes, Liverpool, wine merchant265
416Thomas Poole Waterhouse, Halifax, Yorkshire, gentleman130
433Joseph Hartley, Halifax, Yorkshire, printer367
434Joseph Thorp, Halifax, Yorkshire, gentleman792
437Mary Wilson, Halifax, Yorkshire, spinster291
447George Gutch, Harrow Road, Middlesex, Esquire1578
449John Watson, Trafalgar Square, London, Esquire1633
471George Gutch, Harrow Road, Middlesex, Esquire1554
473John Watson, Trafalgar Square, London, Esquire1609
474John Watson, Trafalgar Square, London, Esquire1608
477Richard William Birch, Derby, England, Esquire1289
478Richard William Birch, Derby, England, Esquire1290
491Henry Garrett Key, Tulse Hill, Surrey, gentleman196E
513Thomas John Lowndes, Liverpool, wine merchant239
522Hannah Wigglesworth, Warley, Halifax, Yorkshire, spinster797
529Francis Liardet, New Plymouth, settler1320
530Richard William Birch, Derby, England, Esquire1321
1104William Glegg Gover, Pimlico, London, Esquire1505
1124William Glegg Gover, Pimlico, London, Esquire1504
1145Benjamin Charles Thomas Grey, London, merchant1619
1162Benjamin Charles Thomas Grey, London, merchant1620
1219Samuel Stephens, Walsall, England, gentleman1957
1247Thomas Curtis Vipan, Thetford, England, Esquire1316
1255Samuel Stephens, Walsall, England, gentleman1958
1644Charles Ibbotson, Tadcaster, England, clerk1620
1720Mary Ann Elliott Kidman, Luton, England, spinster1678
1722Joseph Morgan, Covent Garden, London, Esquire850
1733Sir Antony Buller, Pound, Devon1534
1753James Bishop, Auckland, Private 65th Regiment1662
1755Jane Kingdon New Plymouth, widow1378H
1847Frederick Rouch, Canterbury, England, clerk1681
1874Lady Elizabeth Bulteel, Pamflete, Devon, widow2072
1896Thomas Poole Waterhouse, Halifax, Yorkshire, gentleman292
1916George Thomas Croft, Dover, England, gentleman1657
1922Elizabeth Nelson, Halifax, Yorkshire, spinster1699
1924John Bawn or Barron, Cheltenham, England, MD1658
Pt 2028Edward James Cudd, New Plymouth, storekeeper843
2102Henry Garrett Key, Tulse Hill, Surrey, gentleman1351
2103Henry Garrett Key, Tulse Hill, Surrey, gentleman1350
2140Lady Elizabeth Bulteel, Pamflete, Devon, widow1599
2150Frederick Rouch, Canterbury, England, clerk1317
2190Henry Garrett Key, Tulse Hill, Surrey, gentleman1611
2219George Depledge, Leeds, England, gentleman262
2221George Depledge, Leeds, England, gentleman263
2249John Richards, Birmingham, England, gentleman322
2250John Richards, Birmingham, England, gentleman323
2253Elizabeth Wigglesworth, Warley, Halifax, Yorkshire, spinster798
2270Smythe White, Birmingham, England, gentleman203
2270AJohn Richards, Birmingham, England, gentleman324
2309Maria Gover, Pimlico, London, spinster103

Schedule 2
Corrections required to the New Plymouth Exchanges Completion Act 1874

Town of New Plymouth
Col 1 Column 2 Col 3
Sections given to Superintendent. EXCHANGEE. Sections received from the Superintendent.
No.   No.
789    
pt 801 Thomas Bayly, Taranaki, farmer, and others, trustees for Primitive Methodists G
and part of Marsland Hill    
1320 Richard Chilman, New Plymouth, Collector of Customs pt 1694
    pt 1735
pt 1060 Edward James Cudd, New Plymouth, storekeeper pt N
1082 Edward James Cudd, New Plymouth, storekeeper 1309
2025 Richard Grylls, New Plymouth, publican 110
410 Thomas Hirst, New Plymouth, land agent Pt Gardner Street
pt 1715 Thomas Hirst, New Plymouth, land agent pt 1695
    pt 1700
    and part of Gilbert Street
    pt 1701
2145 William King Hulke, New Plymouth, settler and part of Gilbert Street
    pt 1702
    and part of Gilbert Street.
     

Schedule 3

Col 1Column 2Col 3
Sections vested in the Superintendent.EXCHANGEE.Sections to be granted in Exchange.
No. No.
228AJames Marsh, New Plymouth, shoemaker1589
pt 761Andrew Morton, New Plymouth, carpenter782
pt 761Octavius Carrington, New Plymouth, surveyor783
1177Eliza Hammerton, New Plymouth, widow1590

Schedule 4
Form of certificate of completion of exchange

New Plymouth Exchanges

I HEREBY certify that the Crown grant (or the certificate of completion of prior exchange) and instruments evidencing the title of the exchangee to Section , New Plymouth, have been surrendered to me; and that the exchangee has become entitled to Section        , New Plymouth, as shewn by the plan in the margin hereof.

Dated
Commissioner of Crown Lands.
Plan of Section acquired by exchangee: