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the passing of the said Act will be required to pay the tax imposed by, and will be subject to theprovisions of the said Act, and that all Crown Grants issued to suet purchasers will be made expressly subject thereto. I hare, <fee, it tt ii n • ■, Feed. A. Weld. His Honor the Superintendent, Otago. No. 2. Mli. GIBBOENE TO THE COMMIBSIOXEE OF CHOWN LANDS, OTAOO. Colonial Secretary's Office, SiH _ Wellington, 16th February, 1865. * * BiT th^" °- t??° Y aS c L. auds Act ' <No- 2)' 1863'" a tax waB ™posed upon all lands thereafter to be sold withm the Province of Otago, of two shillings (25.) per acre, payable annually to Her Majesty, Her Heirs, and Successors by the purchaser thereof, his heirs and assigns This tax is payable until certain improvements required by the Act are made. By a Proclamation dated the 20th December, 1864, issued by the Superintendent of the Province of Otago, His Honor undertakes to repay to all purchasers, the tax of 2s. per acre imft°Se^ af? resaid "Waste Lands Act (No. 2), 1863," in respect of all lands which between the 4th day of January 1865, and the sth day of April, 1865, may be purchased under the pro»!To^,o2? Waste Lauds Act (No- 1)' 1863>" and the aforesaid " Otago Waste Lands ACt Z)j louo. / al * aPP ears f™ 111 th x c Preamble of that Proclamation that the object is to neutralise the effect oi the Otago Waste Lands Act, No. 2, 1863," as calculated in the opinion of the Superintendent to retard the settlement of the country. •n tl! 6- oPiuion of the Honorable the Attorney-General the Proclamation in question is illegal. It is not competent to a Provincial Executive Government or to a Provincial Legislature to defeat, either directly or indirectly, the Legislation of the General Assembly. Any Appropriation Act of the Province of Otago purporting to give effect to the above Proclamation would have, in the opinion of the Attorney-General, to be disallowed In order that the provisions of the " Otago Waste Lands Act, No. 2, 1863," may be complied with, it wfll be necessary that in all Crown Grants of land issued under that Act or to which that Act applies words shall be introduced to the following effect: In the operative part ot the (rrant, the words should be introduced, " in accordance with the provisions of the ' Otago Waste Lands Act, No. 2,1863 ;' " and in the Habendumthe words, " subject nevertheless to such * +?xr T'^o »° Provisions and conditions as are expressed in the ' Otago Waste Lands w ii^l-??? has tnerefore directed me (in the absence of the Secretary of Crown Lands from Wellington), to instruct you to cause the Crown Grants referred to in the preceding paragraph to be prepared with those conditions inserted in their proper places. His Excellency the Governor will not be advised to sign any Crown Grants of the class reconditions W1 * a Certificate from the Secretary for Crown Lands that they contain those I am also to request you immediately to ascertain, and report to the Secretary for Crown Proclamatio ™ ' particulars of all sales of land effected under the Superintendent's I am further to instruct you at once to issue the following notice: Whereas by a Proclamation issued by his Honor the Superintendent of the Province of Otago, dated the 20th day of December, 1864. it was notified that the Provincial Government of Utago undertook to repay to purchasers the tax of two shillings (25.) per acre, imposed by the Otago Waste Lands Act, 1863, No. 2," in respect of all lands, which between the 4th day of January, 1865, and the sth day of April, 1865, might be purchased under the provisions of the And whereas such Proclamation is in contravention of the provisions of the " Ota«o AVaste Lands Act, No. 2, 1863." I do hereby give notice that all purchasers of rural land in the Province of Otago since the passing of the said Act will be required to pay the tax imposed by, and will be subject to the provisions of the said Act. And that all Crown Grants issued to such purchasers will be made expressly subject thereto. You will be good enough to keep the Government fully informed of your proceedings and ot those ol the Provincial Government of Otago in this matter. I have, Ac, W. Gtsbobne, The Commissioner of Crown Lands, ' Otago.

No. 89.

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