Land for compensation (Nelson and Marlborough) Act 1860
Land for compensation (Nelson and Marlborough) Act 1860
Land for compensation (Nelson and Marlborough) Act 1860
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Land for compensation (Nelson and Marlborough) Act 1860
Public Act |
1860 No 26 |
|
Date of assent |
2 November 1860 |
|
Contents
An Act to provide compensation in land for certain persons named in the “Compensation in Land Act, 1858,”
of the Provincial Council of Nelson, on account of damages arising from breach of Contract by the New Zealand Company.
Preamble.
WHEREAS by a Bill passed by the Provincial Council of Nelson, intituled “An Act to authorize the Superintendent to purchase Crown Lands for certain persons as compensation for damages sustained by them, by reason of the non-fulfilment of certain contracts made by the New Zealand Company,”
it was enacted that it should be lawful for the Superintendent to purchase out of the Public Revenues of the Province, for and in the name of each of the several persons whose names are inserted in the Schedules to the said Bill annexed, Waste Land of the Crown in the Province of Nelson, to the value of the sums specified in the Schedules wherein such names are included respectively, as compensation for all damages sustained by such persons in consequence of the non-fulfilment of the contracts aforesaid.
And whereas the assent of the Governor was withheld from the aforesaid Bill.
And whereas it is just that such of the said persons as have valid claims as aforesaid should receive compensation in land in respect of the same out of the Crown Lands of the Provinces of Nelson and Marlborough.
Be it therefore enacted by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—
I Short Title.
The Short Title of this Act shall be “The Land for compensation (Nelson and Marlborough) Act, 1860.”
II Power to Governor to appoint Commissioners to investigate and report upon the validíty of claims for compensation.
It shall be lawful for the Governor to appoint a Commissioner or Commissioners not exceeding three in number to investigate and report upon the validity of the claims of the persons aforesaid, and every Commissioner so appointed shall have power to summon all necessary witnesses and to examine them on oath on all matters touching the claims aforesaid: Provided always that no such investigation as aforesaid shall take place with respect to the claims of any such persons to compensation in Land within the Province of Marlborough, until the assent of the Provincial Council and Superintendent thereof, to such investigation and compensation as provided by this Act, shall have been signified to the Governor nor shall any such compensation as aforesaid be made in respect of the claim of any such person within either of the Provinces of Nelson or Marlborough, until the assent of the Provincial Council and Superintendent of the Province in which such compensation is proposed to be granted shall have been signified to the Report of the Commissioner or Commissioners awarding the same: Provided also that it shall not be lawful for the Commissioner or Commissioners to entertain the claim of any person, his heirs, or assigns, to compensation under this Act, unless the name of such person is contained in one of the Schedules annexed to the said Bill passed by the Provincial Council of Nelson, intituled “An Act to authorize the Superintendent to purchase Crown Lands for certain persons as compensation for damages sustained by reason of the nonfulfilment of certain contracts made by the New Zealand Company.”
III Power to Governor to make free grants of land to persons entitled to compensation.
When the Commissioner or Commissioners shall have reported to the Governor that any one of the said persons was at the time of the passing of the said Bill entitled to compensation it shall be lawful for the Governor to make a free grant to such person, his heirs or assigns, of a parcel of land, out of the Crown Lands of the Province either of Nelson or Marlborough aforesaid, within the territory comprised in which such person was at the passing of the said Bill habitually resident: Provided always that the land to be included in any such Grant stall in no case exceed in value the amount specified in the Schedule annexed to the aforesaid Bill of the Provincial Council of Nelson in which the name of such person is contained
IV Such land to be taken as compensation for all losses or damages sustained in consequence of nonfulfilment of New Zealand Company’s contracts.
No land to be granted affected by any Contract of the Crown, nor after the expiration of two years from the passing of this Act.
All such lands shall be taken by the persons aforesaid as compensation for all losses or damages sustained by them in consequence of the nonfulfilment by the New Zealand Company of their contracts, and on the terms and conditions (except the single one of payment of the purchase money) upon which Crown, Lands are sold in the Provinces aforesaid, under the regulations for the sale and disposal of the Waste Lands of the Crown in force within the said Provinces respectively, at the time of the coming into operation of this Act: Provided always that no land shall be granted under the authority hereof which is affected by any contract of the Crown, nor after the expiration of two years from the coming into operation hereof.
V Commencement of Act
This Act stall not come into operation until Her Majesty’s pleasure shall have been taken thereon, and the same shall have been confirmed by Her Majesty with the advice of Her Privy Council, and a Proclamation of such confirmation having been given, shall have been made by the Governor or person administering the Government of New Zealands
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Versions
Land for compensation (Nelson and Marlborough) Act 1860
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