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Canterbury Association's Ordinance 1855

6. The Canterbury Association Ordinance 1855

Whereas by Letters Patent, bearing date the Thirteenth day of November, in the Thirteenth year of the reign of her present Majesty, certain persons therein named were constituted a Body Corporate, with perpetual succession and a common seal, by the name of the Canterbury Association, for founding a Settlement in New Zealand: And Whereas an Act was passed in the Session of

Parliament holden in the Thirteenth and Fourteenth years of the reign of her present Majesty, chapter seventy, entituled " An Act Empowering the Canterbury Association to Dispose of Certain Lands in New Zealand :" And Whereas an Act was passed in the Session of Parliament holden in the Fourteenth and Fifteenth years of the reign of her present Majesty, chapter eighty-four, entituled " An Act

to Alter and Amend an Act Empowering the Canterbury Association to Dispose of Certain Lands in New Zealand :" And Whereas, by the said Letters Patent and Acts of Parliament, divers functions, powers and authorities were vested in the said Association, soe of which the said Association was empowered lawfully to exercise only for a certain term of years in the said first recited Act mentioned, subject nevertheless to expiration at the end of such term, or to sooner determination upon certain conditions therein set forth: And Whereas, by an Act passed in the Session of Parliament holden in the Fifteenth and Sixteenth years

of the reign of her present Majesty, entituled " An Act to Grant a Representative Constitution to the Colony of New Zealand,” it was enacted, in respect of the functions, powers and authorities, at the time of the passing of the said Act, vested in or lawfully exercised by the said Association, that it should be lawful for the Canterbury Association, at any time after a Provincial Council should have been constituted under the said Act for the Province of Canterbury, to transfer to the said Council all such functions, powers and authorities, and the said Council was thereby empowered to accept such transfer upon such terms and conditions as sould be agreed upon between the said Association and the said Council: Provided always, that nothing contained in such terms and conditions should interfere with the rights of her Majesty, her Heirs and Successors, or of the New Zealand Company respectively; and that, from and after such time as should be agreed upon between the said Council and the said Association, the said Council should have, and be entitled to exercise, all the said functions, powers and authorities: And Whereas the said Association, being desirous of transferring the said functions, powers and authorities, did, by a certain Deed Poll, or Instrument in writing, executed by the said Association; under its common seal, and bearing date the Sixteenth day of September, one thousand eight hundred and fifty-two, which Deed Poll, or Instrument in writing is annexed as the Schedule A to this Ordinance, transfer to the said Provincial Council all functions, powers and authorities then vested in the Association, subject nevertheless to a certain

poviso therein contained that such transfer should not take effect until the said Provincial Council should have been constituted, nor until the said transfer should have been duly accepted and agreed to by the said Provincial Council, nor until the terms and conditions of transfer between the said Association and the said Provincial Council should have been duly agreed to and certified by a Certificate under the hand and seal of Henry Sewell, Esquire, the Agent of the said Association, in manner therein mentioned, nor until the time fixed by such terms and conditions: And Whereas, in pursuance of the said desire, the said Association did, by the said Deed Poll, or Instrument in writing, constitute and appoint the said Henry Sewell the Attorney of the said Association, in its name, and on its behalf, to do and execute all matters and things whatever in any way material or necessary for effecting and completing such transfer, and to settle

and arrange the terms and conditions thereof, and to make, do, and execue all such Acts, Deeds and Instruments whatsoever as should be necessary for effecting the same: And Whereas, since the passing of the said last mentioned Act, and the execution by the said Association of the said Deed Poll, or Instrument in writing, certain of the functions, powers and authorities theretofore vested in the said Association have ceased and determined, in pursuance of certain conditions set forth in the said first mentioned Act: And Whereas, under and by virtue of the powers vested in the said Association by the said Letters Patent and Acts of Parliament respectively, and of certain Acts and Deeds done and executed in the exercise of such powers, and especially by the execution of two Deeds which are annexed as the Schedule B to this Ordinance, the said Association became or claimed to be seized, possessed of, or entitled to certain lands, tenements, and hereditaments, and have become possessed of certain goods and chattels: And Whereas it is expedient that all the functions, powers and authorties now vested in or which may be lawfully exercised by the said Association should be transferred to the said Provincial Council, upon certain terms and conditions which have been agreed upon between the said Provincial

Council and the said Henry Sewell, testified by the Certificate under the hand and seal of the said Henry Sewell, set forth in the Schedule C to this Ordinance: And

it is further expedient that all the lands and tenements, goods and chattels, respectively, now vested in, claimed by, or belonging to the said Association (except such portion thereof as may be held in trust for Ecclesiastical and Educational purposes) should be conveyed and assigned to and vested in the Superintendent of the said Province, to be held by him in trust for the public uses thereof in the manner and under the conditions in this Ordinance particularly set forth: And Whereas for the quieting of all doubts which may arise or have arisen respecting the title to the said lands and tenements, as to whether the said Assocition has full power and authority legally to convey the same, it is expedient that such Conveyance should be confirmed by the Governor of New Zealand on Her Majesty's behalf: And Whereas certain Deeds, Conveyances, Contracts,

and Dispositions have been heretofore made, executed, and entered into by the Agents and Attorneys of the said Association authorised in that behalf, of and relating to portions of the Estates vested in the said Association for Ecclesiastical and Educational purposes, and it is expedient that the same should be

confirmed: And Whereas in carrying into effect the objects for which the said Association was incorporated, and in defraying the cost of founding the Settlement of Canterbury in the said Province, a certain debt was incurred by the said Association, the amount whereof has been ascertained as not exceeding the sum of Twenty-eight Thousand Nine Hundred and Thirty-nine Pounds Ten Shillings and Seven Pence; and it is just and expedient that the said debt should be charged upon and pad out of the Public Revenues of the said Province:

Be it therefore enacted by the Superintendent of the Province of Canterbury, with the advice and consent of the Provincial Council thereof, as follows:

1. Powers, &c., of the Canterbury Association to be vested in the Provincial

Council.

From and after the execution of the Deeds and Certificate in the Schedule C to the Ordinance annexed, all the functions, powers, and authorities now vested in or which may be lawfully exercised by the Canterbury Association shall be, and the same are declared to be vested in, and may be lawfully exercised by the Provincial Council of the said Province in the manner hereinafter provided.

2. Powers to be execised by Ordinance.

All such functions, powers, and authorities shall be exercised in such manner as shall be set forth and prescribed in any Ordinance or Ordinances to be passed by the Superintendent and Provincial Council in that behalf.

3. Property to be vested in the Superintendent and his successors.

From and after the due execution of the said Deeds in the Schedule C to this Ordinance annexed by the Governor of New Zealand for and on behalf of the Crown, and by the said Henry Sewell, for and on behalf of the Canterbury Association, respectively, all the property, whether real or personal, now vested in or belonging to the Canterbury Association, or claimed by the said Association

as vested in or belonging to them (excepting only such property as now is or may be held by the said Association in trust for Ecclesiastical and Educational purposes, in accordance with the provisions of the said recited Letters Patent

and Acts of Parliament respectively), shall be taken and deemed to be duly conveyed and transferred to and vested in the Superintendent of the said Province and his Successors; and the said Superintendent is hereby enabled to accept and take such conveyance and transfer, and to receive and hold such property to him and his Successors as a Body Corporate as effectually as if the same were vested i him under the Provisions of an Act of the General Assembly of New Zealand, entituled the " Public Reserves Act 1854;"

4. Property to be held by the Superintendent in trust for the Province on the terms set forth in the “Public Reserves Act.”

All lands, tenements, and hereditaments so conveyed to the Superintendent, shall be held by him in trust for the public uses of the said Province, upon the terms and conditions set forth in the said Act of the General Assembly of New Zealand, entituled the " Public Reserves Act, 1854;" and all such lands shall be managed and disposed of according to the provisions of the said Act.

5. Existing Contracts with regard to lands affected by this Ordinance not prejudiced.

Provided always, that nothing in this Ordinance contained shall prejudice the rights of any person or persons whatsoever, who shall, not before the passing thereof, have entered into any contracts with the Canterbury Association, or with any Agent or Agents lawfully acting in its behalf, in respect of any of the lands affected by this Ordinance.

6. Contracts, &c., with regard to lands held in trust for Ecclesiastical and

Educational purposes shall be valid.

All Deeds; Contracts, Conveyances and Dispositions made, entered into, and executed, of any lands, tenements, or hereditaments heretofore held by the said Association or by any person in trust for them for Ecclesiastical and Educational purposes, by any Agents or Attorneys authorised in that behalf by the said Association, or such other persons as aforesaid, shall be valid and effectual to all intents and purposes.

7. Superintendent may issue Debentures.

At any time after the execution of the Deeds hereinbefore mentioned, it shall be lawful for the Superintendent of the said Province to issue Debentures charging the Public Revenues of the said Province to an amount not exceeding in the whole the sum of Twenty-eight Thousand Nine Hundred and Thirty-nine Pounds Ten Shillings and Seven Pence, in satisfaction of all claims of the said Association, or of any other person or persons whomsoever, in respect of the debt hereinbefore mentioned.

8. Such Debentures to be for sums not less than £25 and not more than

£100.

Such Debentures shall be issued for sums not less than Twenty-five Pounds and not exceeding One Hundred Pounds each, and shall be numbered consecutively, and shall be in the form set forth in the Schedule D to this Ordinance annexed.

9. Principal of Debentures to be payable in London on the1st of July, 1865;

notice to be given of anticipated payment.

The principal of such Debentures shall be payable at the Union Bank of Australia, or such other place in London as the Superintendent shall appoint, on First day

of July, in the year one thousand eight hundred and sixty-five. Provided that if the Superintendent of the said Province shall, with the advice of the Provincial Council, deem it expedient to pay off the same, or any part thereof, at an earlier day, and of such intention shall give six calendar months' notice, by advertisement in some Newspaper published in London, for six consecutive weeks, specifying the Debentures intended to be paid off, and the day of payment; in such case payment may be made at such earlier date as aforesaid: Provided that it shall be lawful for the said Superintendent, with the advice of his Executive Council, out of the proceeds of any personal property late belonging to the said Association which may be converted into money, to pay off a proportionate part of the said Debentures and interest.

10. Debentures to be paid in order as they are numbered.

In case of such anticipated payment, the order in which the said Debentures shall be paid off shall be the order in which they shall be respectively numbered.

11. Interest to be at six per cent, and payable in London half yearly.

All such Debentures shall bear interest at the rate of Six Pounds Sterling per centum per annum; and such interest shall be payable at the Union Bank of Australia, or such other place in London as the Superintendent shall appoint, half-yearly, on the Thirtieth day of June and the Thirty-first day of December in every year.

12. Place of payment may be changed to the Provincial Treasury.

If the Holder of any such Debenture shall present the same at the office of the Provincial Treasurer, in the said Province, and shall require the place of payment to be changed from London to the said office, the Provincial Treasurer shall

make an endorsement on such Debenture to that effect, and the place of payment of the principal and interest of such Debenture shall be changed accordingly.

13. Notice of anticipated payment in such Case to be given in the Province. In case of such anticipated payment as aforesaid of any Debentures which shall have been so made payable in the said Province, the notice hereinbefore required to be given in some Newspaper published in London, shall, instead thereof, be given in the Provincial Government Gazette, and in some Newspaper published in the said Province.

14. Principal and interest of Debentures to be a first charge on the general revenues.

The Superintendent shall cause the principal and interest of such Debentures, according to the tenor thereof respectively, to be paid as a first charge out of all the General Revenues of the said Province of what kind soever.

15. Payment and receipt of Debentures as cash for the purchase of Waste Lands to be an effectual discharge of the principal of such Debentures. Provided that if by any Law or Regulation at any time in force within the said Province, such Debentures shall be made payable and receivable as cash, for the purchase of the waste lands of the Crown in the said Province, the payment and receipt thereof accordingly shall be an effectual discharge of the principal of such Debentures so paid. and received.

16. Title.

This Ordinance shall be entituled and may be cited as the Title " Canterbury

Association's Ordinance, Session IV., No. 6."


List of the Schedules appended to this Ordinance. Schedule A.

A Power of Attorney, dated the Sixteenth day of September, one thousand eight hundred and fifty-two, executed under the common seal of the Canterbury Association, appointing Henry Sewell, Esq., to be the Attorney of the said Association, for the purpose of effecting a transfer of the powers and property of the Association to the Provincial; Council of the Province of Canterbury.


Schedule B.

Two Deeds, dated the Ninth day of September, one thousand eight hundred and fifty-one, and the Twenty-seventh day of February, one' thousand eight hundred and fifty-two respectively, executed under the common seal of the Canterbury Association, declaring certain Lands'' within the Province of Canterbury to be reserved and- held in trust by the Association for public purposes.


Schedule C.

1. A Certificate, under the hand and seal of Henry Sewell, certifying that the

terms and conditions of the transfer of the powers and property of the Canterbury

Association to the Provincial Council have been duly agreed on.

2. A Deed under the hand and seal of Henry Sewell, as Agent and Attorney of the Canterbury Association, conveying to the Superintendent of the Province of Canterbury all the property, real and personal, of the Canterbury Association, to be held under the terms and conditions of this Ordinance.

3. A Deed executed under the public seal of the Islands of New' Zealand in confirmation of the last-mentioned Deed, conveying all the estate and interest of the Crown in the aforesaid property to the; Superintendent of the Province, to be held by him in Trust for Public' Purposes, under the terms and conditions set forth in the "Public Reserves Act, 1854.”


Schedule D.

The Form of Debenture.


Schedule A. referred to in the foregoing Ordinance.


To All To Whom These Presents Shall Come, The Canterbury Association For

Founding A Settlement In New Zealand, Send Greeting:

Whereas, under and by Virtue of her Majesty’s Letters Patent, under the Great Seal of Great Britain, bearing date at Westminster, the Thirteenth day of November, one thousand eight hundred and forty-nine, the said Association Were and are incorporated for certain purposes, With certain powers, and subject to certain conditions in the said Letters Patent expressed: And Whereas

by certain Acts passed in the Thirteenth and Fourteenth, and the Fourteenth and Fifteenth years of the reign of her present Majesty, the said Association obtained certain powers, in the said Acts expressed for selling and disposing of lands in New Zealand, and certain other powers therein expressed, subject to certain conditions in the said Acts expressed: And Whereas, under and by virtue of the said Letters Patent and Acts of Parliament respectively, or some of them, the

said Association have acquired and are now invested with certain powers, functions, and authorities, and have acquired certain lands, tenements, hereditaments, goods, ad chattels in New Zealand: And Whereas, under and by virtue of a certain other Act . passed in the last Session of Parliament for Establishing a Constitution of Representative Government in New Zealand, it was, amongst other things provided that a certain Province to be termed the Province of Canterbury, should be formed in New Zealand, and a certain Provincial Council should be established therein in manner in the said Act mentioned, and with such powers as are in the said Act expressed: And it is further provided that it should be lawful for the said Canterbury Association, at any time after a Provincial

Council should have been constituted for the Province of Canterbury, to transfer to the said Council all such functions, powers, and authorities, and the said Council was thereby empowered to accept such transfer upon such terms and conditions as should be agreed upon between the said Council and the said Association: Provided that nothing contained in such terms and conditions should interfere with the rights of her Majesty, her Heirs and Successors, or of the New Zealand Company

respectively. And from and after such time as should be agreed on between the said Association and the said Council, the said Council should have and be entitled to exercise all the said functions, powers, and authorities: And Whereas the said Association have resolved to exercise so far as in them lies, the power of transfer in the last-mentioned Act contained, and to transfer to the said

Legislative Council for the said Province of Canterbury all functions, powers, and authorities in any way vested in them, and which they are by the said last- mentioned Act empowered to transfer unto the said Provincial Council, such transfer to take effect after the said Provincial Council shall have been constituted in manner and upon the terms and conditions hereinafter mentioned: And Whereas, by reason of distance between New Zealand and England, it is necessary to depute some person or persons with sufficient authority to make such transfer, and to negotiate and agree

upon such terms and conditions as aforesaid, and for that purpose the Association have deputed and appointed Henry Sewell, late of Bloomsbury Square, in the County of Middlesex, Esquire, to manage and transact such transfer, and to negotiate and agree upon such terms and conditions on behalf of

the said Association: And Whereas the said Association are further desirous of winding up and settling all their affairs in New Zealand, and of effectually transferring and disposing of all property, real and personal, vested in them in New Zealand in such manner that after and subject to the payment of all just debts and liabilities, the same may be held and appropriated according to a plan to be arranged and agreed upon between the Provincial Council and the said Association, to the purposes for which the same real and personal property ought to be held and appropriated. Now these presents witness that the said Association, for divers good causes and considerations them thereunto moving, by virtue and in pursuance and exercise of the power and authority in that behalf vested in them bythe said recited Act of the last Session of Parliament, and of all other powers and authorities whatsoever them in that behalf in anywise enabling, do, by these presents, sealed with their common seal, resolve and determine to transfer, and do transfer to the Provincial Council of the said Province of Canterbury, after the same shall have been constituted, such transfer to take effect in manner and subject to the provisions hereinafter mentioned, all powers, functions and authorities whatsoever, in any way vested in the said Association

by virtue of the said Letters Patent and Acts of Parliament respectively or either

of them, so and in such manner that the same powers, functions, and authorities, and every of them, may, from the time and subject to the provisions herein expressed, be fully and effectually vested in and exercised by the said Provincial Council of the said Province of Canterbury: Provided nevertheless that this present transfer shall not take effect until the said Provincial Council shall hav been constituted; nor until this present transfer shall have been duly accepted and. agreed to by the said Provincial Council according to Law, nor until the

terms and conditions of transfer between the said Association and the said Provincial Council shall have been duly agreed to and certified in manner hereinafter mentioned, nor until the time fixed by such terms and conditions as aforesaid: Provided always that a Certificate in that behalf, under the hand and seal of the said Henry Sewell, made in manner hereinafter mentioned, shall be conclusive evidence that said terms and conditions have been agreed upon, and such original Certificate shall be delivered to the said Provincial Council, or in such manner as the said Council shall direct, and a Copy thereof, shall as soon as conveniently may be thereafter, be transmitted to the Governor-in-Chief of New Zealand, and to the said Association in England, and such transfer shall be perfected by such delivery of the said original Certificate as aforesaid: Proided always, that until such transfer shall, have been perfected in manner aforesaid,

all powers, functions, and authorities in any way vested in the said Association or its Attorney or Attornies, Managing Committee or Managing Committees, shall subsist and continue: And these presents further witness that for such causes and considerations as aforesaid, the said Association do, by these presents, make, constitute, and appoint the said Henry Sewell their true and lawful

Attorney, for them, in their name and on their behalf to do and execute all matters and things whatsoever in any way material or necessary for affecting and completing such transfer, and to settle and arrange the terms and conditions thereof, and on behalf of the said Association to agree to such terms and

conditions, and to make, do, and execute all such Acts, Deeds, and Instruments whatsoever as shall be necessary for effecting the same, and for that purpose, if requisite, to affix the duplicate seal of the Association to any such Deeds an Instruments, which duplicate seal shall, for the purposes aforesaid, be deemed to be the original seal of the said Association, and generally to do and perform all acts whatsoever necessary for completing and perfecting such transfer as aforesaid, and all and whatsoever he the said Henry Sewell shall do or cause to be done in the premises, and all terms and conditions of arrangement and agreement whatsoever which the said Henry Sewell shall make or enter into, the said Association doth ratify, confirm and allow, and agree to ratify, confirm, and allow as fully and effectually as if the same were duly made, done, or entered

into by the said Association under its comrnon seal or otherwise in due course of Law: Provided nevertheless, that nothing in the said terms and conditions shall interfere with the rights of her Majesty, her Heirs and Successors, or of the New Zealand Company: And these presents further witness that if the said Henry Sewell shall die, or refuse, or neglect to execute the powers and authoities

hereby vested in him before the same shall be fully executed and performed, or if the said Henry Sewell shall not arrive within the said Colony of New Zealand within nine months from the date hereof, or shall leave the same before the said powers and authorities shall be fully executed and performed, then and in either of the said cases, the said Association do, by these presents, nominate and appoint the Reverend Robert Paul, Clerk, John Robert Godley, Esquire, Charles Simeon, Esquire, James Edward FitzGerald, Esquire, and William Guise Brittan, Esquire, all of the said Colony, and the Survivors and Survivor of them, to be true and lawful Attornies and Attorney of the said Association in the place of the said Henry Sewell, to do, execute, and perform all matters and things whatsoever,

and to exercise all powers, authorities, and discretion whatsoever which the said Henry Sewellis hereby authorised to do, execute, perform, or exercise, as effectually as if their or his names or name had been throughout substituted in these presents for that of the said Henry Sewell, and the acts of any three of the said last mentioned Attornies shall be as effectual as if done by all: And all and whatsoever the said Henry Sewell, or the said other Attornies shall do or cause to be done in the Premises, the said Association doth ratify, confirm, and allow, and agree to ratify, confirm, and allow. In witness whereof the said Canterbury Association have hereunto affixed their common seal, this Sixteenth day of September, in the year of our Lord one thousand eight hundred and fifty-two.

By order of the said Association, at a Meeting held this Sixteenth day of September, one thousand eight hundred and fifty-two.

H. F. Alston, Secretary.

Schedule B Referred To In The Foregoing Ordinance.

To All To Whom These Presents Shall Come, The Canterbury Association For Founding A Settlement In New Zealand, Incorporated By Letters Patent Dated Thirteenth November, One Thousand Eight Hundred And Forty-Nine, Send Greeting:

Whereas by the said Letters Patent, after reciting amongst other things that the said Association had entered into arrangements for procuring to be set apart and placed at the disposal of the said Association a large tract of land in the Colony

of New Zealand or its Dependencies, which it was the purpose of the said Association to sell and convey, or cause to be sold and conveyed, in lots or parcels to such of the subjects of her Majesty, being Members of the Church of England, as might be willing to purchase portions thereof; and reciting that it was the purpose of the said Association to expend the whole of the. funds which

might come to their hands, whether arising from the sale of lands or otherwise, in founding the said intended Settlement in New Zealand, and promoting the prosperity thereof, more especially by the execution of divers works and operations of a public nature adapted to prepare the site of the intended Settlement for the reception of Emigrants, and afford peculiar facilities for the immedite occupation thereof, and by the establishment and maintenance of Ecclesiastical and Educational Institutions in connection with the Church of England as by Law established, and which expenditure was intended to be regulated, so far as circumstances would admit, according to the following distribution and appropriation, that is to say: the said funds should be considered to be divided into six equal parts, whereof one sixth part should be appropriated to the acquisition of the tract of land requisite for the site of the said intended Settlement, two other sixth parts should be appropriated to the emigration of Settlers, two other such parts should be appropriated to Ecclesiastical and Educational purposes, and the remaining sixth part should be appropriated to the general purposes of the Association, including the execution of such preparatory and other works and operations as aforesaid, it was amongst other things

declared, that the said Association should be a Body Politic and Corporate for the purposes an objects aforesaid by such name or style as aforesaid: And it was declared that they should be for ever able and capable in the Law, notwithstanding the Statutes of mortmain, to take, purchase, possess, hold, and enjoy, to them and their Successors, any messuages and tenements of any tenure, with the appurtenances, situate in any part or parts in the United Kingdom of Great Britain and Ireland requisite to be occupied or used for transacting or carrying on the business of the said Association, not exceeding the net annual value of Two Thousand Pounds (such net annual value to be calculated and ascertained at the period of taking, purchasing, or acquiring the same), and any messuages, lands, tenements, or hereditaments in the said Colony of New Zealand or its Dependencies, and also to sell, alienate mortgage, charge, or otherwise dispose of the property, as well real as personal, of the said Body Politic and Corporate as they should think proper, and also to act in all the

concerns of the said Body Politic andCorporate for the purposes and objects aforesaid as fully and effectually to all intents and purposes whatsoever, as any other of her Majesty's subjects could or might do in their respective concerns. And it was further declared that there should be a General Meeting of the members of the said Body Politic and Corporate, to be held from time to time as thereinafter mentioned, and that there should always be a Committee of Management formed of and chosen from the members of the said Body Politic and Corporate as therein after-mentioned: And it was further declared that the

funds of the said Body Politic and Corporate should be regulated according to the distribution and appropriation thereinbefore particularly mentioned, subject only

to such variations or modifications as might at any time, or from time to time, be directed or approved by the Resolution of a General Meeting, sanctioned as thereinafter provided: And that the said Body Politic and Corporate should cause distinct and true accounts, in writing, uner each head of expenditure, to be kept in proper books as therein mentioned: And it was further declared that the said

Body Politic and Corporate should not make or enter into any contract or agreement involving an expenditure by the said Body Politic of a sum exceeding Two Thousand Pounds or upwards, unless at the time of the making thereof, or within ten days thereafter, two members of the Committee of Management, nominated for that purpose by the Lords of the Committee of Privy Council appointed for the consideration of all matters relating to trade and foreign plantations, should, by writing, under their hands, at the foot of a Copy of such Contract or Agreement, certified by the Secretary or other proper Officer of the said Body Politic and Corporate, declare that it appeared from the Accounts of the said Body Politic and Corporate, submitted to them, that the said Body Politic and Corporate was, at the date of such Contract or Agreement, possessed of

funds available and adequate to answer the same: AndWhereas, in pursuance of the powers conferred by the said Letters Patent, and of a certain Act passed in the Session of Parliament holden in the Thirteenth and Fourteenth Years of the reign of her present Majesty, chapter seventy, the said Association have procured, to be set apart by the Crown and placed at their disposal, a large tract of land in the said Colony of New Zealand, known by the name of the Canterbury Settlement, in which the lands situate in the town and port of I,yttelton and

around it, within the said Canterbury Settlement, delineated in the plan drawn on the third and fourth skins of these presents, and therein distinguished by green colour, are part, on condition of the said Association paying one-sixth part of the whole produce of any sales that may be made by the said Association to her Majesty, her Heirs and Successors, and subject to the regulations in the said Act contained: And Whereas the said Association, having become possessed of divers large funds, such funds have been consideredas divided into six equal parts, and the expenditure thereof has been regulated according to the distribution and appropriation mentioned in the said Letters Patent, and Accounts of such expenditure have from time to time been kept in proper books, under four heads, in manner following, that is to say: Such portion of the said funds as has

been appropriated to the acquisition of the tract of land requisite for the site of the said intended Settlement, being one-sixth part of the whole funds which has

come to the hands of the said Association, has from time to time been carried over to an Account in the books of the said Association, entituled “The Crown Account.” And such portion of the said funds as has been appropriated to the emigration of Settlers, being ther two-sixth parts of the whole funds which have come to the hands of the said Association, has from time to time been carried over to an Account in the books of the said Association entituled “The General Emigration Account.” And such portion of the aid funds as has been appropriated to Ecclesiastical and Educational purposes, being other two-sixth parts of the whole funds which have come to the hands of the said Association, has from

time to time been carried over to an Account in the books of the said Association, entituled “The Ecclesiastical and Educational Account.” And such portion of the said; funds as has been appropriated to the general purposes of the said Association, being the remaining sixth part of the whole funds which have come

to the hands of the said Association, has, from time to time, been carried over to an Account in the books of the said Association entituled “The Miscellaneous Account:” And Whereas, by an Act passed in the Session of Parliament holden in the Fourteenth and Fifteenth years of the reign of her present Majesty, chapter eighty-nine, it is, amongst other things enacted, that it should be lawful for the said Association, and they are thereby empowered, from time to time, by Deed, under the common seal of the said Assocition, to reserve and appropriate for any of the purposes to which the funds of the said Association are by the said Letters Patent made applicable, any part or parts of the land in the said Settlement,

being at the time unsold and unappropriated, and every such Deed shall declare the purpose for which the said land therein mentioned is intended to be reserved and appropriated, and upon due execution of every such Deed the land therein mentioned shall vest in, and be held by the said Association in trust for the purpose therein declared. Provided always, that for every acre of land so reserved and appropriated as aforesaid, that part of the funds of the said Association which, under the said Letters Patent and the said recited Act, is or shall be applicable to the purpose for which such land is declared to be reserved and appropriated, shall be charged with and subject to the payment. of a sum of money, equal to the current price of every such acre considered as sold to an ordinary Purchaser, and the said mone shall be distributed and appropriated in the same manner as money arising from ordinary sales of land by the said Association. Provided also, that it shall not be lawful for the said Association to reserve and appropriate land as aforesaid, unless the said part of the said funds in the hands of the said Association for the time being, applicable as aforesaid, is sufficient to pay a sum equal to the price of such land considered as sold to an ordinary Purchaser, after deducting the amount which would be appropriated to such part of the said funds on such distribution as aforesaid: And Whereas the said Association, in pursuance of the said power contained in the said last

mentioned Act, are desirous of reserving and appropriating, and intend to reserve and appropriate, for general purposes, including the execution of divers works

and operations of a public nature, the several parcels of land particularly described in the Schedule hereto annexed: And Whereas the whole price of the land so intended to be reserve and appropriated, considered as sold to an

ordinary Purchaser, would amount to the sum of Three Thousand Three Hundred and Fifty-one Pounds, Thirteen Shillings and Tenpence, and after deducting the amount which would be appropriated to the said part of the said funds, on such distribution as aforesaid, the price of the said lands amounts to the sum of Two Thousand Seven Hundred and Ninety-three Pounds, One Shilling and Sixpence Half-penny: And Whereas the funds now in the hands of the said Association for the time being, applicable to the general purposes of the said Association, are sufficient to pay a sum equal to the said sum of Two Thousand Seven Hundred and Ninety-three Pounds, One Shilling and Sixpence Half-penny: And Whereas the said Association have distributed and appropriated the said sum of Two Thousand Seven Hundred and Ninety-three Pounds, One Shilling and Sixpence Half-penny, in manner following, that is to say: Firstly, they have transferred and carried over the sum of Five Hundred and Fifty-eght Pounds, Twelve Shillings

and Threepence Half-penny, standing in the books of the said Association on the credit side of the said " Miscellaneous Account" to the credit side of the “Crown Account.” Secondly, they have carried over and transferred the snm of One Thousand One Hundred and Seventeen Pounds, Four Shillings and

Sevenpence, standing on the books of the said Association, on the credit side of the said “Miscellaneous Account” to the credit side of the said “General Emigration Account.” Thirdly, they have transferred and carried over the sum of Eleven Hundred and Seventeen Pounds Four Shillings and Seven Pence standing on the books of the Association on the credit side of the said “Miscellaneous Account” to the credit side of the said “Ecclesiastical and Educational Account.” Now these presents witness that the said Association do, in pursuance of the power contained in the said Act of the Fourteenth and Fifteenth Victoria, chapter eighty-four, and of every other power in that behalf enabling them b this Deed under their common seal, declare that they do, by these presents, reserve and appropriate, to the intent and purpose that the same may be used for laying out and making roads, streets, squares, markets, parks, and sites of public buildings, and erecting buildings thereon, if they shall so think

fit, with the necessary additional space, and for other public purposes, adapted to afford facilities for the beneficial occupation of the lands so reserved and appropriated, and of the other lands sold by the said Association according to the true intent and meaning of the said Letters Patent and the said last recited Act, the several parcels of town and rural land described in the Schedule hereto annexed, containing the several admeasurements set forth in the said Schedule, and which said lands are more particularly delineated on the map drawn on the third and fourth skins of these presents, and colored green, to the intent that such lands may be held by the said Association, in trust, for the said purpose, and with such power of sale, alienation, mortgage, charge, or other disposition, and of general management as the said Association are, by the said Letters Patent, capable of having and enjoying over or in respect of real and personal property in New Zealand, purchased or acquired by them, so far as the same is consistent with the provisions of the said last recited Act. In witness whereof the said Canterbury Association have hereunto affixed their common seal, this Ninth day

of September, in the year of our Lord one thousand eight hundred and fifty-one.

The Schedule Above Referred To.



The Schedule Above Referred To.


NO. TOWN LANDS. A. R. P. £. s. d.

5

9

10

11

15

16

29

31

32

33

34

35

36

37

38


21

22

23

24

25

39

41The Gaol Mechanics' Institute Association's Offices Hospital

Government Offices , Association's Store Hospital

Custom House Wharves and Store Boathouse, &c

Agent's House and Offices, Immigration Barracks, &c. Exchange and Post Office

Town Hall Police Court Gaol

RURAL LANDS. Botanical Garden Cattle Market Abattoir

Town Reserve Government Domain Store at Sumner

The Ferry House

0
3
28
0
16
4
0
0
16
0
3
0
0
1
18
0
0
30
0
1
17
0
2
32
1
0
10
0
1
27
1
2
28
0
1
0
0
1
0
0
1
0
0
1
0


23
0
0

7
2
0
2
0
0
897
0
0
64
2
0
0
3
5
0
1
0
1002
2
27

44
8
0

4
16
0


4
16
0

36
0
0

17
8
0

9
0
0

17
2
0

33
12
0

51
0
0
20
2
0
80
8
0
12
0
0
12
0
0
12
0
0
12
0
0


69
0
0
22
10
0
6
0
0
2691
0
0
193
10
0
2
6
10
0
15
0
3351
13
10




The first Plan referred to in the foregoing Deed is a Tracing headed "The Association's Reserves at Lyttelton, otherwise Christchurch," shewing the Town of Christchurch, and the Reserves marked 5, 9,10, 11,15, 16, 21, 22, 23, 24 and

25 respectively, and is deposited in the Provineial Council Chamber.


George A.E. Ross, Clerk to the Council.

Deeds.

No. 186. 10 a.m., 24th January, 1854

Dated the 27th of February, 1852: Canterbury Association.

Declaring the Reservation of Further Lands by the Association, for Public

Purposes in Town and Port of Lyttelton and around it.

To All To Whom These Presents Shall Come, The Canterbury Association For Founding A Settlement In New Zealand, Incorporated By Letters Patent Dated Thirteenth November, One Thousand Eight Hundred And Forty-Nine, Send Greeting:

Whereas by the said Letters Patent, after reciting amongst other things that the said Association had entered into arrangements for procuring to be set apart and placed at the disposal of the said Association a large tract of land in the Colony

of New Zealand or its Dependencies, which it was the purpose of the said Association to sell and convey, or cause to be sold and conveyed, in lots or parcels to such of the subjects of her Majesty, being Members of the Church of England, as might be willing to purchase portions thereof: And reciting that it was the purpose of the said Association to expend the whole of the funds which might come to their hands, whether arising from the sale of lands or otherwise, in founding the said intended Settlement in New Zealand and promoting the prosperity thereof, more especially by the execution of divers works and operations of a public nature, adapted to prepare the site of the said intended Settlement for the reception of emigrants, and accord peculiar facilities for the imediate occupation thereof, and by the establishment and maintenance of Ecclesiastical and Educational Institutions in connection with the Church of England as by Law established, and which expenditure was intended to be regulated, so far as circumstances would admit, according to the following distribution and appropriation: that is to say, the said fund should be considered

to be divided into six equal parts, whereof one-sixth part should be appropriated to the acquisition of the tract of land requisite for the site of the said intended Settlement; two other sixth parts should be appropriated to the emigration of Settlers; two other sixth parts should be appropriated to Ecclesiastical and Educational purposes, and the remaining sixth part should be appropriated to the general purposes of the Association, including the execution of such preparatory and other works and operations as aforesaid; it was amongst other things declared that the said Association should be a Body Politic and Corporate for the purposesand objects aforesaid, by such name or style as aforesaid: And it was declared that they should be for ever able and capable in the Law, not. withstanding the Statutes of mortmain, to take, purchase, possess, hold and enjoy to them and their Successors, any messuages or tenements of any tenure, with the appurtenances, situate in any part or parts in the United Kingdom of Great Britain and Ireland, requisite to be occupied or used for transacting or carrying on the business of the said Association, not exceeding the net annual value of Two Thousand Pounds (such net annual value to be calculated and ascertained at the period of taking, purchasing, or acquiring the same), and any messuages, lands, tenements, or hereditaments in the said Colony of New Zealand or its Dependencies; and also to sell, alienate, mortgage, charge, or otherwise dispose of the property, as well real as personal, of the said Body Politic and Corporate, as they should think proper. And also to act in an the concerns of the said Body Politc and Corporate for the purposes and objects aforesaid as fully and effectually, to all intents and purposes whatsoever, as any other of her Majesty's subjects could or might do in -their respective concerns: And it was further declared that there should be a General Meeting of the Members of the said Body Politic and Corporate, to be held from time to time as thereinafter mentioned, and that there should always be a Committee of

Management formed of and chosen from the Members of the said Body Politic and Corporate as thereinafter mentioned. And it was further declared that the expenditure of the funds of the said Body Politic and Corporate should be regulated according to the distribution and appropriation thereinbefore particularly mentioned, subject only to such variations or modifications as might at any time, or from time to time, be directed or approved by the Resolution of a General Meeting sanctioned as thereinafter provided: And that the said Body

Politic and Corporate shoul cause distinct and true ccounts in writing, under each head of expenditure, to be kept in proper books as therein mentioned. And it was further declared that the said Body Politic and Corporate should not make or enter into any contract or agreement involving an expenditure by the said Body Politic of a sum exceeding Two Thousand Pounds or upwards, unless at the time of the making thereof or within ten days thereafter, two Members of the Committee of Management, nominated for that purpose by the Lords of the Committee of Privy Council appointed for the consideration of all matters relating to trade and foreign plantations, should, by writing, under their hands, at the foot of a Copy of such Contract or Agreement, certified by the Secretary or other proper Officer of the said Body Politic and Corporate, declare that it appeared from the Accounts of the said Body Politic and Corporate submitted to them, that the said Body Politic and Corporate was, at the date of such Contract or Agreement, possessed of funds available and adequate toanswer the same: And Whereas, in pursuance of the powers conferred by the said Letters Patent, and

of a certain Act passed in thb Session of Parliament holden in the Thirteenth and Fourteenth years of the reign of her present Majesty, chapter seventy, the said Association have procured to be set apart by the Crown, and placed at their disposal a large tract of land in the said Colony of New Zealand, known by the name of the Canterbury Settlement, of which the lands situate within the said Canterbury Settlement, delineated in the plan drawn on the third skin of these presents and specified and therein distinguished by green color are part, on condition of the said Association paying one-sixth part of the whole produce of- any sales that may be made by the said Association to her Majesty, her Heirs, and Successors, and subject to the Regulations in the said Act contained: And Whereas the said Association having become possessed of divers large funds, such funds have been considered as divided into six equal part, and the expenditure thereof has been regulated according to the distribution and appropriation mentioned in the said Letters Patent, and Accounts of such expenditure have, from time to time, been kept in proper books, under four heads, in manner following, that is to say: such portion of the said funds as has

been appropriated to the acquisition of the tract of land requisite for the site of the said intended Settlement, being one-sixth part of the whole funds which have come to the hands of the said Association, has, from time to time, been carried over to an Account in the books of the said Association, entituled “The Crown Account,” and such portion of the said funds as has been appropriated to the emigration of Settlers, being other two-sixth parts of the whole funds which have come to the hands of the Association has, from time to time, been carried over to an Account in the books of the said Association, entituled “The General

Emigration Account,” and such portion of the said funds as has been approprated to EcclesiasticaI and Educational purposes, being other two-sixth parts of the whole funds which have come to the hands of the said Association, has, from

from time to time, been carried over to an Account in the books of the the said Association, entituled “The Ecclesiastical and Educationa Account,” and such portion of the said funds as has been appropriated, to the general purposes of the said Association, being the remaining sixth part of the whole funds which have come to the hands of the said Association, has, from time to time, been carried over to an Account in the books of the said Association, entituled “The Miscellaneous Account:” And Whereas, by an Act passed in the Session of Parliament holden in the Fourteenth and Fifteenth years of the reign of her present Majesty, chapter eighty-four, it is, amongst other things enacted, that it should be lawful for the said Association, and they are thereby empowered, from

time to time, by Deed, under the common seal of the said Association, to reserve and appropriate, for any of the purposes to which the funds of the said Association are, by the said Letters Patent made applicable, any part or parts of the land in the said Settlement, being at the time unsold and unappropriated; and every such Deed shall declare the purpose for which the said land therein mentioned is intended to be reserved and appropriated, and upon due execution of every such Deed, the land therein mentioned shall vest in and be held by the said Association, in trust, for the purposes therein declared. Provided always,

that for every acre of land so reserved and appropriated as aforesaid, that part of the funds of the said Association which, under the said Letters Patent and the said recited Act, is or shall be applicable to the purpose for which such land is declared to be reserved and appropriated, shall be charged with and subject to the payment of a sum of money equal to the. current price of every such acre considered as sold to an ordinary Purchaser, and the said money shall be disributed and appropriated in the same manner as money arising from ordinary sales of land by the said Association. Provided also, that it shall not be lawful for the said Association to reserve and appropriate land as aforesaid, unless the

said part of the said funds, in the hands of the said Association for the time being, applicable as aforesaid, is sufficient to pay a sum equal to the price of such land considered as sold to an ordinary Purchaser after deducting the amount which would be appropriated to such part of the said funds on such distribution as aforesaid. And Whereas the said Association, in pursuance of the said power contained in the said last-mentioned Act, by Indenture, under their common seal, bearing date the Ninth day of September last, one thousand eight hundred and fifty-one, did, after reciting, as hereinbefore is recited, reserve and appropriate the several lands mentioned and described in the Schedule thereto annexed, and the Map drawn thereon, to and for the general purposes of the Asociation hereinbefore referred to, and as are after particularly mentioned: And Whereas the said Association, in pursuance of the power hereinbefore referred to, contained in the said last-mentioned Act of Parliament, are desirous of reserving and Appropriating, and intend to reserve and appropriate for general purposes, including the execution of divers works and operations of a public nature, the further several parcels of land particularly described in the Schedule

hereto annexed: And Whereas the said last-mentioned land so now intended to be reserved and appropriated has not yet been sold or appropriated, and the current price of such parcel of land considered as sold to an ordinary purchaser, and the acreage thereof is set forth in the said Schedule hereto annexed: And W hereas the whole price of the land so intended to be reserved and appropriated, considered as sold to an ordinary Purchaser, would amount to the sum of Nine Hundred and Twenty Pounds, Three Shillings and Sixpence, and after deducting theamount which would be appropriated to the said part of the said funds on such distribution as aforesaid, the price of the said lands amounts to the sum of Seven Hundred and Sixty-six Pounds, Sixteen Shillings, and Threepence: And Whereas the funds now in the hands of the said Association for the time being,

applicable to the general purposes of the said Association, are sufficient to pay a sum equal to the said sum of Seven Hundred and Sixty-six Pounds, Sixteen Shillings and Threepence: And Whereas the said Association have distributed and appropriated the said sum of Seven Hundred and Sixty-six Pounds, Sixteen Shillings andThreepence in

manner following, (that is to say,) Firstly, they have transferred and carried over the sum of One Hundred and Fifty-three Pounds, Seven Shillings and Threepence, standing in the books of the said Association on the credit side of the said “Miscellaneous Accounts” to the credit side of the said “Crown Account.” Secondly, they have transferred and carried over the sum of Three Hundred and Six Pounds, Fourteen Shillings and Sixpence standing in the books of the said Association, on the credit side of the said “Miscellaneous Account”, to the credit side of the said “General Emigration Account.” Thirdly, they have transferred and carried over the sum of Three Hundred and Six Pounds Fourteen Shillings and Sixpence standing in the books of the said Association, on the credit side of the said “Miscellaneous Accounts,” to the credit side of the said “Ecclesiastical and Educational Account.” Now these presents witness that the said Association do, in pursuance of the power contained in the said Act of the Fourteenth nd Fifteenth Victoria, chapter eighty-four, and of every other power in that behalf enabling' them, by this Deedj under their common seal, declare that they do, by these presents, reserve and appropriate, to the intent and purpose that the same may be used for laying and making roads, streets, squares, markets, parks, and sites of public buildings, and erecting buildings thereon if they shall so think fit, with the necessary additional space, and for other public purposes, adapted to afford facilities for the beneficial occupation of the lands so reserved and appropriated, and all the other lands sold by the said Association, according to the true intent and meaning of the said Letters Patent and the said last recited Act, the several parcels of Town and Rural Land described in the Schedule hereto annexed, containing the several admeasurements set forth in the said Schedule, and which said lands are more particularly delineated in the said Map drawn on the third skin of these presents and coloured green, to he intent that such lands may be held by the said Association in trust for the said purposes, and with such power of sale, alienation, mortgage, charge, or other disposition,

and of general management, the said Association are, by the said Letters Patent, capable of having and enjoying over or in respect of real and personal property in

New Zealand, purchased or acquired by them so far as the same is consistent with the provisions of the said last recited Act. In witness whereof, the said Canterbury Association have hereunto affixed their common seal, this Twenty- seventh day of February, in the year of our Lord one thousand eight hundred and fifty-two.:


Passed under the seal of the Association

L.S. by order of the Committee of

C.A. Management.


H. F. Alston, Secretary.



THE SCHEDULE ABOVE REFERRED TO.


NO.TOWN LANDS. A. R. P. £. s. d.

44


47

47a

48

49

57

58

59

62Wharf, Christchurch


Rural Lands. Heathcote Ferry West Heathcote Ferry Wharf

Land for Ferry over Courtenay

Land for Ferry over Courtenay

Land for Canal between the Heathcote and Halswell Land for Canal between the Avon and Purarekanui Land for Canal between the Avon and the Sea

Land to be selected as a Landing Place for Sheep o be taken within one year from the date hereof out of No. 62 described in the annexed Map.

Total. 0 0 25

0
1
0
0
1
12
0
2
0
29
1
24
45
0
0
28
3
0
200
0
0






304 1 21 7 10 0

00
0
15
0

0
19
6

1
10
0

88
4
0

135
0
0

86
5
0

600
0
0






920 3 6


Schedule C 1 Referred To In The Foregoing Ordinance.

I, Henry Sewell, late of Bloomsbury Square, in the County

Middlesex, the Agent and Attorney of the Canterbury Association for Founding a Settlement in New Zealand, duly appointed in that behalf, do hereby certify that the Terms and Conditions of Transfer between the said Association and the Provincial Council of the Province of Canterbury, in the Colony of New Zealand, referred to in the Deed Poll, under the common seal of the said Association, bearing date the Sixteenth day of September, one thousand eight hundred and fifty-two, hereunto annexed, have been duly agreed to, and that such Terms and Conditions are contained in the Ordinance hereunto annexed.


Given under my hand and seal at

L.S. Christchurch, this Tenth day

of July, in the year of our Lord one thousand eight hundred and fifty-five.


Henry Sewell


Signed, sealed, and delivered by the said Henry Sewell, in the presence of us,

George A.E. Ross,

Clerk to the Provincial Council of Canterbury, Christchurch. H. B. Gresson,

Christchurch, Barrister-at Law.





Schedule C 2 Referred To In The Foregoing Ordinance.

This Deed, made the Tenth day of July, one thousand eight hundred and fifty- five, between the Canterbury Association for Founding a Settlement in New Zealand, of the one part, and the Superintendent of the Province of Canterbury, in New Zealand, of the other part, witnesseth, that in exercise of all powers and authorities whatsoever, the said Association in that behalf enabling, and in

pursuance of the provisions of a certain Ordinance passed by the Superintendent and Provincial Council of the Province of Canterbury, entituled “The Canterbury Association's Ordinance, Session IV., No. 6,” the Canterbury Association doth, by

these presents, grant, convey; and assure unto the said Superintendent and his Successors all and singular the messuages, lands, tenements, and hereditaments situate in the Province of Canterbury and Colony of New Zealand, referred to in the Deeds contained in the Schedule B to the said Canterbury Association's Ordinance hereunto annexed and specified and set forth in the Schedules to te said Deeds respectively, with all and singular the rights, easements and appurtenances to the same belonging, all which said hereditaments and premises are more particularly delineated and described by the Plans thereof respectively drawn upon the skins of parchment to the said Deeds respectively annexed. And all the estate, rights, title, and interest whatsoever, at Law and in equity of the said Association, of, in, or to the said hereditaments and premises intended to be hereby conveyed, to hold the said hereditaments and premises hereby conveyed, with their appurtenances, unto and to the use of the said Superintendent and his Successors, nevertheless, for the purposes and subject to the provisions expressed and contained in the said Ordinance of the Superintendent and Provincial Council of the Province of Canterbury, called “The Canterbury Association's Ordinance, Session IV., No. 6

“: And this Deed further witnesseth that the said Canterbury Association doth hereby transfer and make over to the said Suprintendent and his Successors all and singular the goods and chattels of and belonging to the said Association specified and set forth in the Schedule hereunto annexed; and all other, if any, the personal property of the said Association, to hold the said goods, chattels, and personal property unto the said Superintendent and his Successors for the purposes and subject to the provisions expressed and contained in the said Ordinance, called the “Canterbury Association's Ordinance, Session IV., No. 6.” In witness whereof, the said Canterbury Association hath signified its assent hereto by the signature of Henry Sewell, its Attorney in that behalf, lawfully authorized, the day and year first above written.


Henry Sewell,

Attorney for the Canterbury Association for founding a Settlement in New Zealand.


Signed by the said Henry Sewell, Agent and Attorney of the Canterbury

Association, for and on behalf of the said Association, in the presence of us: George A. E. Ross,

Clerk to the Provincial Council of Canterbury, Christchurch. H. B. Gresson,

Christchurch, Barrister-at Law.



Schedule Referred To In The Annexed Deed Marked C 2

A Trigonometrical and Topographical Map, 2 inches to a mile.

B Trigonometrical and Topographical Map, Harewood District, 2 inches to a mile. C Trigonometrical Map, Christchurch District, 4 inches to a mile.

D General Map of the Country South of the Ashley.

E General Map of the Surveyed Country, Canterbury Block, 1 inch to a mile.

F General Map of the Surveyed Country, Canterbury Block, shewing Pasturages. G Map of Native Reserves from Kaiapoi to Waitangi.

H Trigonometrical Map of the Town and Suburbs of Akaroa. I Map of Banks' Peninsula, shewing Sections, &c.

J Working Map of the Town of Christchurch, 4 chains to an inch. K Copy Map of the Town of Christchurch, 4 chains to an inch.

L Map of Lyttelton (complete), 4 chains to an inch.

M Map of Lyttelton (eastern part), 2 chains to an inch. N Map of Lyttelton (eastern part), 2 chains to an inch. O Map of Lyttelton (western part), 2 chains to an inch. P Map of Sumner, 4 chains to an inch.

Q Chart of the Harbour of Port Victoria.

R General Map of Topographically Surveyed Districts.

S Mr. Hamilton's Map of the Country North of the Canterbury Block. T Mr. Jollie's Map of the Country from Nelson.

U European Reserves, 10 Maps. V Section 201, at Harewood.

W Sketch Maps on the Trig.-work of Surveyed Districts.

X Tracings by Heaphy and Torlesse, portions of Middle Island. Y Sketch Maps (2) of Canterbury Block.

Z Ground Plan of Cookson and Bowler's Wharf.

AA 10 Plans of Sections Surveyed in Port Victoria.

BB Plans of Sections on Banks' Peninsula, exclusive of Port Victoria. CC Plan of Road from Christchurch to the Ferry.

DD Land Office Copy of Surveved Districts, 2 inches to a mile. EE Land Office Copy of Surveyed Districts, Christchurch.

FF Land Offlce Copy of Surveyed Districts, Lyttelton.

GG Map of Pasturages between Bridle-path and Godley Head. HH Land Office, Copy of Lithographic Map.

II Tracings of the Working Maps, Christchurch District. JJ Tracings of the Working Maps, Mandeville District. KK Tracings of Reserves for Public Purposes.

LL Tracings of European Reserves by Carrington.

Working Maps of the Christchurch District. Working Maps of the Mandeville District. Working Maps of the Lincoln District.

MM Map of the Canterbury Block, shewing the Third Class Runs.

1 Map, N.Z., Arrowsmith.

1 Map, Lyttelton.

1 Map, Christchurch.

2 Lithographic Maps—Surveyed Districts.

1 Chart—Port Victoria, &c.

1 Sketch Map of Country.

1 Map of Pasturages about Lyttelton.

1 Map of Norwich Quay.


List Of Field Books.

Topographical Survey—11 Field Books. Mr. Jollie's Town and Road—Field Books.

Trigonometrical Survey, Messrs. Cass, Torlesse and Boys—9 Field Books. Land and Sections around Christchurch—4 Field Books.

Transit Instrument ... ... ... ... ... One [ handed over to the Provincial Engineer] Theodolite (six inch) ... ... ... ... ... Two

Theodolite (five inch) ... ... ... ... ... ... Five

Sextant ... ...- ... ... ... One

Quadrants ... ... ... ... ... Two

Artificial Horizons ... ... ... Two, wanting mercury Protractors (brass) ... ... ... ... ... Two Protractors (card) ... ... ... ... ... Nine Pentagraph ... ... ... ... ... One

Standard Scale (3 feet) ... ... ... ... ... One

Brass Straight Edge (5 feet) ... ... ... ... ... One Steel Straight Edge (30 inches) ... ... ... ... ... One T Square (mahogany) ... ... ... ... ... One

Level ... ... ... ... ... One

Levelling Staves ... ... ... ... ... Two

Brass Rolling Parallels (12 inches) ... ... ... ... ... Three Ebony Rolling Parallels (12 inches) ... ... ... ... ... One Brass Rolling Parallels (3 feet) ... ... ... ... ... One

Ebony Rolling Parallels (2 feet) ... ... ... ... ... One

Box of Ivory Plotting Scales ... ... ... ... ... One

Extra Plotting Scales ... ... ... ... ... Nine long and Six offset

Box of Drawing Instruments ... ... ... ... ... One

Box of Drawing Pens ... ... ... ... ... One Pocket Sextants ... ... ... ... ... Two Prismatic Compasses ... ... ... ... ... Two Pocket Compass ... ... ... ... ... One

Rain Gauge ... ... ... ... ... One Universal Dial ... ... ... ... ... One Barometer ... ... ... ... ... One

Thermometers ... ... ... ... ... Two

Camera Lucida ... ... ... ... ... One, out of order Chronometer Compass ... ... ... ... ... One Standard Chain ... ... ... ... ... One

Gunter’s Chains ... ... ... ... ... Twenty, 17 perfect, 3 broken

Arrows for do ... ... ... ... ... Twelve sets Lithographic Press ... ... ... ... ... One, complete Stone ... ... ... ... ... One

Telescope ... ... ... ... ... One

Chronometer Watch ... ... ... ... ... One, out of order

Weights (map) ... ... ... ... ... Nine

Tape Measure ... ... ... ... ... One

Leather Slings for Theodolite Legs ... ... ... ... ... One set

Log Glass ... ... ... ... ... ... One Log Chip ... ... ... ... ... One Erasing Knives ... ... ... ... ... Two Wafer Stamps ... ... ... ... ... Two Colour Pallets ... ... ... ... ... Six One Large Drawing Table.

One Small Drawing Table.

One Writing Table with Drawers.

One Common Table, fixture under staircase.

Two Tables in Land office (one of them in the Registrar’s Office). Seal and Press.

Sundry Cupboards, Pigeon-holes, and other fittings in Offices. Packing cases

Fire Annihilator


Sundry Stores.

Bill Hooks ... ... ... ... ... Two Axe ... ... ... ... ... ... ... One Camp Oven ... ... ... ... ... One Camp Kettle ... ... ... ... ...One

Frying Pan ... ... ... ... ... One (broken) Branding Irons ... ... ... ...Two Sets Bucket ... ... ... ... ... ... One

Block (double) ... ... ... ... One

Hooks ... ... ... ... ... ... TwoGate Bar ... ... ... ... ... ... One

Trig. Clamp Irons ... ... ... Two Saw, Crosscut ... ... ... ... One Saw, Hand ... ... ... ... ... One Pickaxe ... ... ... ... ... ... One Beetle Rings ... ... ... ... One Set Grindstone ... ... ... ... ... One

Ranging Poles ... ... ... ... Four

Pile Driver ... ... ... ... ... One


Stationery, Drawing Materials, &c.

Antiquarian Drawing Paper, about 200 Sheets.

Double Elephant Double Cartridge, about 800 Sheets. Mounted Drawing Paper, about 80 feet.

Tracing Paper, 1 Roll.

Blank Levelling Books, Four. Pencils, Lead, Three Dozen. Camel-hair Pencils, Half-dozen. Colors, Water, Six Cakes.

Indian Ink, Two Pieces. India Rubber, Half-pound.

Nautical Almanacs, 1848, 1849,1850.

100 Pieces Iron Piping, more or less.

1 Cast-iron Pit Crane, Jib and Crab complete, on the Jetty at Lyttelton

Lyttelton.

1 Pile Engine, Monkey and Apparatus complete.

Fittings, &c., of Powder Magazine at Sumner (damaged). Windlass, and part of small Pile Engine.

Sets (more or less) Clamps for Trigonometrical Survey.


Schedule C Referred To In The Foregoing Ordinance.

To All To Whom These Presens Shall Come, I, Robert Henry Wynyard Commander Of The Most Honourable Order Of The Bath, Officer Administering The Government, And Commander-In-Chief In And Over The Islandds Of New Zealand, Send Greeting:

Know ye that in pursuance of the provisions of the Ordinance hereunto annexed, passed by the Superintendent and Provincial Council of the Province of Canterbury, entituled “The Canterbury Association's Ordinance, Session IV., No.

6,” and in exercise of the powers vested in me by an Act of the General Assembly of New Zealand, passed in the first Session thereof, entituled “The Public Reserves Act, 1854,” and of every other power enabling me in that behalf, I, the said Robert Henry Wynyard, by and with the advice of my Executive Council, in the name and on behalf of her most Gracious Majesty Queen Victoria, do by this Grant, sealed with the public seal of the Islands of New Zealand, grant unto the Superintendent of the Province of Canterbury and his Successors, all and singular, the messuages, lands, tenements, and hereditaments, situate in

the Province of Canterbury and Colony of New Zealand, referred to in the

Schedule B of the Canterbury Association's Ordinance hereunto annexed, and specified and set forth n the Schedules to the said Deeds respectively, and more particularly delineated and described by the Maps or Plans thereof respectively, drawn upon skins of parchment annexed to the said Deeds, with all the rights,

and appurtenances to the said messuages, lands, tenements, and hereditaments belonging; and all the estate, right, title, and interest (if any,) of her said Majesty therein or thereto, to hold unto the said Superintendent of the said Province of Canterbury and his Successors, upon the several trusts for the Public Service of the said Province in the said Deeds particularly set forth and described, but subject nevertheless to the proviso in that behalf contained in the said Act of the General Assembly for changing the said trusts and appropriating the said premises to other and different purposes of public utility for the public service of the said Province, in the manner in the said Act set forth.


In testimony whereof, I have caused this Grant to be sealed with the public seal of the said Colony of New Zealand.

Given under my hand and sealed under the public seal of the Islands of New Zealand, at Auckland, this Eleventh day of August, in the year of our Lord one thousand eight hundred and fifty-five.


R. H. WYNYARD. Signed by the said

In the presence of



Schedule D Referred To In The Foregoing Ordinance.

Province Of Canterbury, New Zealand.


£ No.


Debenture For Pounds Sterling.


To the Provincial Treasurer of the Province of Canterbury.

In pursuance of the “Canterbury Association's Ordinance, Session IV No. 6,” you are hereby authorized and required to pay on the First day of July, one thousand eight hundred and sixty-five, to the Bearer hereof, out of the General Revenues of the Province of Canterbury, the sum of Pounds sterling, together with interest thereon, in the meantime, at the rate of Six Pounds sterling per centum per annum, commencing from the date hereof, by equal half-yearly payments on the Thirty-first day of December, and the Thirtieth day of June, in

each year, such Payments to be made at the Union Bank of Australia, in London.

Dated at Christchurch, this day of one thousand eight hundred and fifty-five.


Sealed by me with the public seal of the Province

Keeper of the Public Records.


In my presence

Member of the Executive Council


Notes.

This Ordinance was passed by the Canterbury Provincial Council and assented to by the Superintendent on 10th July 1855.


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