ABSTRACTS OF THE NEW ZEALAND BILLS OF THE SESSION, 1851.

New Zealand Spectator and Cook's Strait Guardian, Volume VIII, Issue 669, 31 December 1851, Page 4

ABSTRACTS OF THE NEW ZEALAND BILLS OF THE SESSION, 1851.

[From the New Zealand Journal, August 9.] I. —NEW ZEALAND SETTLEMENTS BILL. (As introduced in the Commons J The bill was brought in by Mr. Hawes and Mr. Cornewall Lewis. It consisted of a preamble and thirteen clauses. The preamble states : —First, that on the 4th of July, 1850, terms of purchase and pasturage of land in the settlements of Wellington, New Plymouth, Nelson, and Otago, were in force as contracts between the New Zealand Company and the settlers in these districts. Second, that by the Act 10 and 11 Vic., c. 112, entitled “An Act to promote colonisation in New Zealand, and to authorise a loan to the New Zealand Company,” it was enacted, that if the directors, within three calendar months next after the sth April. 1850, intimated to one of the principal Secretaries of State, that they were ready to surrender their charters, all powers and privileges of the Company, except such as were necessary to enable the directo s to wind up their affairs, should cease and determine, and all hired lands in the colony revert to the Crown, subject to existing contracts. Third, that such intimation was given, that the lands have reverted to the Crown, “ and that it is expedient that provision should be made for enabling her Majesty to amend and alter the terms of purchase and pasturage as aforesaid.” $ i. Empowers her Majesty, by instructions under her signet and sign manual, fir through oue of her principal Secretaries of State, to authorise the Governor and Lieute-nant-Governor of any province in New Zealand to make terms and regulations for the sale or other disposal of the demesne lands of the Crown within the said settlements of Wellington, New Plymouth, and Nelson, and for the disposal of the monies which may be derived from such sale, or other disposal of the said lands for the benefit of the inha’aitants of the said settlements respectively, and for the closing and determination of the affairs of the said settlements, and to empower the Governor or Lieutenant-Governor to fix and ascertain the boundaries of these three settlements. § 2. Confers similar powers in her Majesty with respect to Otago, and further empowers her Majesty, through a principal Secretary of State, or anybody she may establish by charter of incorporation, to amend or alter the terms of purchase and pasturage “in all or any particulars and provides that the expense of managing the affairs of the settlement, both in this country and in New Zealand, shall be a first charge on the monies received for sale or other disposal of Crown lands in the settlement, her Majesty being exempted from all further liability. §§ 3 —lo. These clauses relate io the Nelson trust fund. Clause 3 describes the fund held on behalf of the New Zealand Company, ’or the public purposes of the settlement of Nelson, and declares that it shall be vested in the Commissioners of the Treasury. Clause 4 decrees the appointment of a board of trustees at Nelson to administer the said fund. Clause 5 declare that these trustees shall have power to dispose of the said fund for the benefit of the settlement of Nelson, to the purposes of emigration and the supply of labour, of religious and educational uses, of steam communication, and of the construction and maintenance of public works, in such proportions, as to each of the said purposes shall to them seem expedient. Clause 6 prescribes the mode in which the said trustees shall conduct business. Clause? names Dr. David Monro, Samuel Stephens, William Oldfield Cautley, Francis Dillon Bell, Francis Jollie, Alfred Fell, and John Waring Saxton, Esqs., being the persons already nominated for this purpose by and on behalf of the land purchasers of Nelson and the ■ New Zealand-Company, to be the first trustees. Clause 8 declares that they shall remain in office till tbe first of January, 1855. Clause 9 contains provisions for filling up vacancies in the board, establishing an audit, and constituting the trust. Vacancies by death or resignation are to be filled up by “election” to be made by the owners, or the owners and occupiers, of land in the settlement of Nelson, with such qualification or restriction as may in laws passed by the Le-

gislature of New Zealand be specified. Clause 10 authorises the Legislature of New Zealand to transfer to the Legis’ature of the province in which Nelson is situated, the legislative power conferred upon it by this bill.

§ll. Enacts that in al! cases falling within tbe provisions of the 51st section of the Act of 9 and 10 Viet., entitled “An Act to grant certain powers to the New Zealand Company/’ grants and conveyances of land by the Crown shall have the same force as grants and conveyances by the Company : that all powers exercisable by the Company or its nominees under that Act shall be exercisable by parties appointed by the Governor or Lieu-tenant-Governor of New Zealand.

§ 12. “Provided always, that nothing herein contained shall be construed to affect or interfere with the rights of the New Zealand Company in respect of the sum of £268,170 : 15s. which by the said Act of the 10 and 11th of Victoria is charged upon and to 'be paid to the said Company out of the proceeds of all future sales of the demesne lands of the Crown in New Zealand, after such deducting as in the said Act specified.”

§ 13. Explains the sense in which the terms “Governor of New Zealand” and "Lieutenant-Governor” are to be understood when they occur in the Act. 11. NEW ZEALAND SETTLEMENTS BILL. (As sent to the Lords.J The bill as passed by the Commons and sent to the Lords is as above, except for the following alterations :— In clause 1, the words “ provided always, that the price at which the said lands within the said settlements are now authorised to be sold are not altered,” are inserted. Clause 2, relating to the settlement of Otago, is omitted. In clause 11 (of the bill as sent to the Lords—clause 12 of the bill presented to the Commons) the following words are added at the end—“ or any rights which the said Company may possess in regard to the proceeds from the disposal of land in either of tbe said Settlements.”