which must have contemplation of all parties to such dealings, it is not probable that much has been done in this way which will require to be thus rendered valid ; nor is it my wish to give you any positive orders upon the subject until further information reaches me, but to indicate only the general views which are to be followed. 5. As the whole of the Company’s lands, under the terms of the Act, became, on the sth of July, “demesne lands,” and consequently subject to the Instructions, I have thought it advisable, in order to removeany doubts which might arise to cause a modification to take place in those Instructions, so as to exempt from the operation of the Regulations relative to sales by auction, all the lands comprised in the Company’s various settlements, and the amended Instruction will reach you as soon as it can be formally past. I have the honor to be, Sir, Your obedient Servant, (Signed) Grey.
(Copy.) No. 1. New Zealand House, 4th July, 1850. My Lord, By desire of the Court of Directors of the New Zealand Company, I do myself the honor to transmit to your Lordship the undermentioned documents, viz.: — 1. An Extract from the Resolutions adopted at to day’s adjourned Annual General Court of the Proprietors of the Company: and, 2. A Notice under the Company’s corporate seal in pursuance of the provisions of the 19th Section of the Act 10 and 11 Victoria, Chapter 112. I have, &c., &c., (Signed) T. C. Harixgtox. The Right Honorable, The Earl Grey, &c., &c., &c. Copy. (Extract.) At an adjourned General Court of the Proprietors of the New Zealand Company held at the Company’s House, in Broad Street Buildings, London, on Thursday the 4th day of July, 1850, Hexry Aglioxby Aglioxby, Esq., M.P., Deputy-Governor, in the Chair. Resolved, That in accordance with the recommendation contained in the Directors’ Report, the Court of Directors be empowered and required to give notice to Her Majesty’s Principal Secretary of State for the Colonies, that the Company is ready to surrender its Charters to Her Majesty as provided for by the 19th Section of the Act 10 and 11 Victoria, Chapter 112, and subject to the provisions and conditions therein contained. That in giving the notice an earnest representation be addressed to Her Majesty’s Government on the following points:— Ist. That the surrender of the Company’s Charters on the terms the 10 and 11 Victoria, Chapter 112, Section 19, is a course forced on the Shareholders by a hard and cruel necessity, which from causes beyond their control admit no delay, and precludes all opportunity for those explanations which they believe would, if fairly considered, induce Her Majesty’s Government to abstain from availing themselves of the powers vested in them by law. 2nd. That the abandonment or suspension of such power and the adoption of the course suggested by the Directors in their letter of the 18th ultimo, is equally demanded by a consideration of the interests of the Colonists and by justice to the Company. •3rd. That the refusal to comply with that suggestion, contained in the reply of Mr. Hawes of Ist July, is apparently founded on a misapprehension by Earl Grey, of the real nature of the request submitted, as well as of the intentions of the Directors as expressed in their letter, inasmuch as it was not an application for positive pecuniary assistance, but for a contingent guarantee only. 4th. That for these and other reasons, the Sharer holders confidently rely that Her Majesty’s Government will not avail themselves of the legal formality which compels the Shareholders for their protection to intimate this day their readiness to surrender their Charter, but will receive in a candid spirit a further explanation of the causes that have prevented the realisation of the expectations on which the Agreement of 1847 was founded, and will enter frankly into an equitable re-consideration of the whole case, before they proceed to the exercise of the powers with which they become legally invested the notice now resolved, to he sth. That in accordance with the suggestion in the Directors’ Report a Committee be appointed to co-operate with the Directors for the purpose of urging the legal and equitable claims and rights of the Company upon Her Majesty’s Government, and that Messrs. Buckle, Drane, Frederick Young, Watson and General Briggs constitute such Committee. 6th. That all expenses of the establishments of the New Zealand Company cease from the present time except those absolutely necessary for carrying on the functions for which the Company will continue to exist, and that the requisite instructions be sent to the Principal Agent by the “ Phoebe Dunbar.’ That this Meeting be adjourned to Tuesday the 16th instant, at Twelve o’clock at this place, for the purpose of receiving the Report of the Committee and for filling up the vacancies in the Direction, if at such adjourned Meeting the Shareholders shall think picper so to do,. 1 rqe Extract. (Signed) H. A, Agt.ionby, Chairman. (Coey.) To the Right Honorable the Earl Grey, Her Majesty’s Principal Secretary of State for the Colonies. The Directors of the New Zealand Company in exercise of the power in that behalf given ‘and reserved by the Act of the 10th and 11th Victoria, Chapter 112, intituled An Act to promote Colonization in New Zealand, and to authorize a Loan to the New Zealand Company,” do by this present Instrument in writing under the SeaJ of the New Zealand Company give notice to Her Majesty’s Principal Secretary of Sta,te for fhe Colonies, that they
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New Zealand Spectator and Cook's Strait Guardian, Volume VII, Issue 570, 18 January 1851, Page 4
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933Page 4 Advertisements Column 2 New Zealand Spectator and Cook's Strait Guardian, Volume VII, Issue 570, 18 January 1851, Page 4
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