Marlborough Sale of Reserves Act 1870
Marlborough Sale of Reserves Act 1870
Checking for alerts... Loading...
Marlborough Sale of Reserves Act 1870
Public Act |
1870 No 65 |
|
Date of assent |
12 September 1870 |
|
Contents
An Act to declare valid the Sale of certain Reserves in the Province of Marlborough.
Preamble.
WHEREAS certain lands situate in the Province of Marlborough and specified in the Schedules to this Act have from time to time been set apart as Public Reserves under the provisions of the Laws for the time being in force in that Province relating to the Waste Lands of the Crown And whereas by a Proclamation of the Superintendent of the said Province published on or about the twenty-seventh day of February one thousand eight hundred and sixty-six in the Marlborough Provincial Government Gazette it was declared that such Reserves being the lands specified in the First Schedule to this Act should from and after that time be deemed to be Waste Lands of the Crown and be dealt with in accordance with the Land Regulations then in force in the said Province as if the same had not been reserved as aforesaid And whereas the lands specified in the Second Schedule to this Act were not included in the said Proclamation And whereas the lands specified in both the Schedules to this Act being part of the lands so reserved as aforesaid have since the publication of the said Proclamation been sold or otherwise dealt with under the Land Regulations in force within the said Province And whereas such sales were made without authority of law but the persons who have purchased or leased such lands having done so without fraud or collusion it would be just that their title to such land should after due inquiry be confirmed
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 Marlborough Sale of Reserves Act 1870.”
2 Persons may apply for title.
Any person who may have purchased or leased or who may claim title through any other person who may have purchased or leased any of the lands specified in the First and Second Schedules to this Act may apply in writing to the Colonial Secretary to have his title to such land confirmed under this Act.
3 Inquiry to be made.
Upon the receipt of any such application the Colonial Secretary shall refer the same to the Secretary for Crown Lands who shall thereupon institute the following inquiries—
(a.)
Whether the lands referred to in such application or any part thereof are necessary for the public use service or convenience of the Province of Marlborough or Nelson
(b.)
Whether the applicant or the original purchaser or lessee through whom he claims made such purchase or lease bona fide without collusion and without notice of the illegality of such transaction
(c.)
Whether the purchase money or rent for the same was according to the rate prescribed by the laws in force at the time of sale or lease within the Province of Marlborough
(d.)
Whether such purchase money or rent has been duly paid or accounted for
(e.)
Whether there are any circumstances in the transaction which would morally or equitably disentitle the applicant to receive confirmation of his title.
4 Secretary for Crown Lands to report.
If the Secretary for Crown Lands shall be satisfied upon the before-mentioned points in favour of the applicant he may report accordingly to the Colonial Secretary.
5 Governor may issue grants.
Upon receiving such report the Governor may make and issue a Crown Grant or Lease of such lands or any part thereof to or in favour of the applicant which grant or lease shall be valid and effectual any law to the contrary notwithstanding.
6 Powers to Secretary for Crown Lands.
The Secretary for Crown Lands shall for the purposes of this Act have all the powers which under the provisions of “The Commissioners Powers Act 1867”
may be exercised by Commissioners appointed by the said Act.
FIRST SCHEDULE
Village of Tua Marina—Sections 4 and 5.
District of North Bank of Wairau—Sections 50, 51, and 52.
District of Wakefield Downs—Part of Section 46 and part of Section 49.
District of Waipapa—Section 113, Woodbank Run, being a portion of the reserve marked A on the Plan of the Woodbank Run, containing 178 acres.
Village of Amuri—Sections 1 to 30 inclusive.
District of Kaikoura—A block of land on the Run licensed to the Executors of the late Robert Fyffe, containing about 6,000 acres.
SECOND SCHEDULE
Sections 489 and 490 of Town of Picton.
"Related Legislation
"Related Legislation
"Related Legislation
Versions
Marlborough Sale of Reserves Act 1870
RSS feed link copied, you can now paste this link into your feed reader.