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The Pamphlet Collection of Sir Robert Stout: Volume 2

Additional Instructions

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Additional Instructions.

Additional Instructions to our Governor-in-Chief of New Zealand, or to the Officer exercising the said office of Governor-in-Chief for the time being: To our Governor and Commander-in-Chief in and over the Province of New Ulster, or to the Officer exercising the said office of Governor and Commander-in-Chief for the time being: To our Governor and Commander-in-Chief in and over the Province of New Minister, or to the Officer exercising the said Office of Governor and Commander-in-Chief for the time being: or to our Lieutenant-Governor of the Province of New Ulster, or to the Officer exercising the said office of Lieutenant-Governor for the time being : or to our Lieutenant-Governor of the Province of New Minister, or to the Officer exercising the said Office of Lieutenant-Governor for the time being. Given at our Court at Osborne House, Isle of Wight, this Twelfth Day of August, 1850, in the Fourteenth Year of Our Reign.

Whereas, by Our Instructions under our Signet and Sign Manual accompanying our Letters Patent under the Great Seal of our United Kingdom, bearing date the Twenty-third Day of December, One Thousand Eight Hundred and Forty-six, We did, among other things, make certain Rules and Regulations respecting the Settlement of the Waste Lands of the Crown, which are comprised in the Thirteenth Chapter of the said Instructions:

And whereas, by an Act of Parliament passed in the Eleventh Year of our Reign, entitled "An Act to Promote Colonization in New Zealand, and to Authorize a Loan to the New Zealand Company," it page 43 it was, amongst other things, enacted, "that the several provisions relating to the Settlement of the Waste Lands of the Crown, contained in the Thirteenth Chapter of the said Instructions, under Her Majesty's Sign Manual and Signet, except such as relate to the Registration of Titles to Land, the means of ascertaining the Demesne Lands of the Crown, the Claims of the Aboriginal Inhabitants to Land, and the Restrictions on the Conveyance of Lands belonging to any of the Aboriginal Natives, unless to Her Majesty, Her Heirs and Successors, shall be suspended and of no force and effect, within the Province of New Munster, in the said Colony of New Zealand, until the Fifth day of July, in the Year One Thousand Eight Hundred and Fifty, and during such further time as shall be directed by Parliament:"

And whereas Parliament has made no such further direction as aforesaid, and the said recited Instructions are therefore now in force in the Province of New Munster:

And whereas it is by the said Act further provided "that if the Directors of the said Company shall give notice to one of Her Majesty's Principal Secretaries of State within three calendar months next after the said fifth day of April, one thousand eight hundred and fifty, by any instrument under the Seal of the Company, that they are ready to surrender the charter of the said Company to Her Majesty, and all claim and title to the lands granted or awarded to them in the said colony, all the powers and privileges of the said Company, except such as shall be necessary for enabling the Directors to receive the several sums of money hereinafter mentioned, and to distribute the same among the shareholders, and other persons entitled thereunto, and for enabling the Directors to adjust and close the affairs of the Company, shall cease and determine, and all the lands, tenements, and hereditaments of the said Company, in the said colony, shall therupon revert to, and become vested in Her Majesty, as part of the demesne lands of the Crown in New Zealand, subject nevertheless to any contracts which shall be then subsisting in regard to any of the said lands :

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And whereas the Directors of the New Zealand Company did, on the fifth day of July last past, give to the Right Honourable Earl Grey, our Principal Secretary of State for the Colonies, such notice as aforesaid, in pursuance of the above recited provision :

And whereas, on the giving of such notice as afore-said, all the lands, tenements, and hereditaments of the said Company in New Zealand, reverted to and became vested in Us, as part of the demesne lands of the Crown in New Zealand, subject nevertheless as aforesaid to any contracts which were then subsisting in regard to any of the said lands:

And whereas certain Contracts have been entered into between the New Zealand Company and certain bodies of Settlers and others in regard to lands in New Munster aforesaid, namely, with the Settlers at Wellington, Nelson, and New Plymouth, and the Associations of Otago and Canterbury:

And whereas it is apprehended that the provisions contained in the thirteenth chapter of the said Instructions are in certain respects inconsistent with the said contracts between the New Zealand Company and the said respective Settlers and Associations; and it is expedient that the said Instructions should be repealed, so far as regards the lands comprised in, or affected by the said Contracts, as far as the same may be inconsistent with the said contracts respectively, or any part thereof:

Now therefore know you, that We have revoked and determined, and do by these Our Instructions, under our Sign Manual and Signet, revoke and determine so much and such part only of the thirteenth chapter of the said Instructions as relates to the lands comprised in, or affected by, the aforesaid contracts between the New Zealand Company and the Settlers at Wellington, Nelson, and New Plymouth, and the Associations of Otago and Canterbury, and so far as the same may be inconsistent with the said Contracts respectively, or any part thereof.

And We do hereby declare, That the said Contracts respectively, or any amendments in such Contracts which may hereafter be made by and between Us, Our Heirs and Successors, or parties on Our or their page 45 behalf lawfully authorized, and the said Bodies respectively, are and shall be in force as regards the lands comprised in, or affected by, the said Contracts.

Provided always, That on the expiration, or sooner determination of any such Contract, the regulations comprised in the said Thirteenth Chapter of the said recited Instructions shall again become and remain in force as regards the lands comprised in or affected by such contract.