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Fuller Remission of Purchase Ordinance 1857

1. The Fuller Remission of Purchase Money Ordinance 1857

Whereas by an Act of the General Assembly of New Zealand, entituled " The Waste Lands Act, 1856," made in pursuance of the provisions of a certain Act of the Imperial Parliament therein recited, entituled " An Act to Grant a

Representative Constitution to the Colony of New Zealand," and of a certain other Act of the said General Assembly, therein also recited, entituled " The Provincial Waste Lands Act, 1854," it was enacted that, subject to the provisions in the said Act of the Imperial Parliament contained, it should be lawful for the Superintendent of each of the Provinces of New Zealand, with the advice and consent of the Provincial Council thereof, at any time and from time to time to make Laws for regulating the sale, letting, disposal and occupation of the waste lands of the Crown within such Province, and also to amend, alter, or repeal any Laws, Ordinances, or Regulations then in force for any such purposes within the same. And Whereas Francis Fuller, of Beaconsfield, in the Province of Canterbury, lte a Captain in her Majesty's 59th Regiment of Foot, being a Settler in New Zealand, entitled to the privileges accorded to military Officers by the Regulations in force under the authority of her Majesty's Government respecting the acquisition of waste lands of the Crown by military and naval Officers, and by the New Zealand Land Regulations, proclaimed on the Fourth day of March, one thousand eight hundred and fifty-three, became entitled to a remission of Three Hundred Pounds in the purchase money of demesne lands of the Crown in New Zealand, except such lands as were reserved to the Canterbury or Otago Associations respectively: And Whereas, according to the said last mentioned Regulations and the true intent and meaning thereof, Three Hundred Pounds represent three hundred acres of land: And Whereas the claim of the said

Francis Fuller to the remission of the said purchase money was allowed by his Excellency Sir George Grey, the late Governor of New Zealand, but the land was not selected, nor the Title o the said Francis Fuller perfected previously to the coming into operation of the Land Regulations now in force for the sale, letting, disposal, and occupation of the waste lands of the Crown within the said Province: And Whereas the said last mentioned Regulations repeal all Regulations then in force within the said Province for the sale, letting, disposal, and occupation of the waste lands of the Crown, and do not contain any

provision applicable to the case of the said Francis Fuller: And Whereas the said Francis Fuller hath claimed, notwithstanding the said last mentioned Regulations, to be allowed a remission of the Purchase money of one hundred and fifty acres of the demesne lands of the Crown, within any part of the said Province, in lieu of a remission of the purchase money of three hundred acres of the said land as aforesaid, and it is just and expedient that such claim shouId be allowed.

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

1. Francis Fuller to be entitled to Free Grant of 150 acres.

The said Francis Fuller shall be, and he is hereby declared to be entitled to a free Grant of one hundred and fifty acres of the demesne lands of the Crown in any part of the said Province; and it shall be lawful for the Waste Lands Board of the said Province, accordingly, at any time after the coming into operation of this Ordinance, to grant to him, the said Francis Fuller, a License to occupy such last

mentioned portion of the demesne lands of the Crown, and from and after the granting of such License, the said Francis Fuller shall be entitled, as to the lands comprised therein, to all the rights and privileges of a purchaser of land within the meaning of the said last mentioned Land Regulations, anything therein contained to the contrary notwithstanding.

2. Title.

This Ordinance shall be entituled and may be cited as " The Fuller Remission of

Purchase Money Ordinance, Session VIII, No. 1."

Notes.

This Ordinance was passed by the Canterbury Provincial Council on 12th May,

1857, reserved for the Governor's assent, which was given on 23rd July 1857.