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Peacock Wharf Ordinance 1857

9. The Peacock Wharf Ordinance 1857

Whereas by an Act of the General Assemby 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 iIl 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 John Jenkins Peacock, of Sydney, in New South Wales, Merchant being desirous of constructing wharves and jetties upon the piece or parccl of land in the Schedule A to this Ordinance particularly described, being

demesne lands of the Crown within the Province of Canterbury, whereof part has been marked out in the Maps of the Chief Surveyor of the said Province as reserved for a public highway, hath applied for a lease of the said piece or parcel of land for the term of fifty years, at a nominal rent, and hath proposed, in consideration of obtaining such lease, to expend upon the said piece or parcel of land, within five years from the coming into operation of this Ordinance, in the construction of wharves and jetties, a sum of Two Thousand Pounds at the least; and hath also applied, in consideration of such proposed expenditure as aforesaid, to be permitted to put down moorings within convenient distances from such jetties: And Whereas it is expedient that a lease of the said piece or parcel

of land should be made to the said John Jenkins Peacock for the term and subjet to the several conditions hereinafter set forth, and that he should also be permitted to put down moorings subject to the restrictions hereinafter specified:

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

1. Superintendent may lease land described in Schedule A to J.J Peacock, on certain conditions

It shall be lawful for the Superintendent of the said Province, with the advice and consent of the Executive Council, at any time from and after the coming into operation of this Ordinance, to demise to the said John Jenkins Peacock, his Executors, Administrators, or Assigns, by way of lease, to be made by and in the name of such Superintendent, and executed under the public seal of the Province, the said piece or parcel ot land in the said Schedule particularly

described, for any term of years not exceeding fifty years in possession, at a nominal rent, subject to the conditions following, that is to say: That the said John Jenkins Peacock, his Executors, Administrators, or Assigns, do and shall, within five years from the commencement of such Lease, expend upon the land therein comprised the sum of Two Thousand Pounds in the construction of a wharf or wharves, jetty or jetties, for the use and benefit of the public, one of which said jetties shall be run out into a depth of not less than ten feet of water atlow water spring tides, and which said wharves and jetties, at all times during the continuance of such Lease as aforesaid, shall be maintained in good order and repair at the sole cost of the said John Jenkins Peacock, his Executors, Administrators, or Assigns.

2. Moorings may be laid down by J.J. Peacock.

It shall be lawful for the said John Jenkins Peacock, his Executors, Administrators and Assigns, at any time within three years from and after the execution of the said Lease, to lay down moorings in the harbour of Port Victoria, not exceeding three in number, and at a distance not exceeding six hundred feet from any part of such wharves or jetties as aforesaid, and in positions to be approved of by the Harbour Master or other Officer for the time being acting in that capacity, and to maintain such moorings in good repair, and to have the exclusive use thereof. Provided, nevertheless, that it shall be lawful for the Harbour Master of the said port, at any time during the continuance of the said Lease, in case the safety of vessels or the shifting of berths shall so require, and also for the Collector of Customs at the said port, in the execution of any duty which may devolve upon him as such Collector, or as holding any office in connection with the collection of customs' duties or with the Laws relating to tade and navigation, to make use of such moorings, and to make fast thereto any

boat, vessel, or rope, free of charge; but, save as aforesaid, it shall be lawful for the said John Jenkins Peacock, his Executors, Administrators, or Assigns, to charge for the use of such moorings any sum not exceeding Ten Shillings per diem. The said moorings shall be raised and inspected by and at the cost of the said John Jenkins Peacock, his Executors, Administrators, or Assigns, once at least in every three years during the continuance of the said Lease, in the presence of the Harbour Master, and shall at all times during the said Lease be kept in serviceable condition. The position of the anchors of such moorings shall be at all times indicated by a buoy floating immediately above them, such buoy to be plainly visible, of sufficient size, and painted half white and half red above its line of flotation: It shall be lawful for the Superintendent, with the advice of the Executive Council, upon the recommendation of the HarbourMaster or other Officer acting in that capacity from time to time during the said Lease, so often as the navigation of the said port shall so require, to call upon the said John Jenkins Peacock, his Executors, Administrators, or Assigns, by notice in writing, to

remove all or any one or more of the said moorings, and the said John Jenkins Peacock, his Executors, Administrators and Assigns, shall, immediately upon the receipt of such notice, remove such moorings in the manner required by such notlce.

3. Tolls for use of wharves and jetties.

It shall be lawful for the said John Jenkins Peacock, his Executors Administrators, or Assigns, during the said term, to charge and to recover any tolls or rates, for the use of such wharves, jetties, and moorlngs, not exceeding those set forth in the Schedule B to this Ordinance. And every person shall at all reasonable hours be entitled to the use of such wharves and jetties, upon payment of the tolls hereby authorised to be levied in that behalf.

4. Rights of way reserved over land to be leased.

There shall be at all times reserved through and over the said land during the continuance of the said Lease, a right-of-way not less than fifteen feet in width, in continuance of the highway reserved over said land heretofore, for all persons,

as well on foot as with horses, cattle, carts, waggons and other carriages; but save as aforesaid, from and after the execution of such Lease as aforesaid, and during the continuance thereof, all rights-of-way in and over the said land, or any part thereof, shall cease and determine, excepting as regards public Officers requiring such rights-of-way in the execution of their respective public duties.

5. Superintendent may authorise excavation of base of the cliffs.

It shall be lawful for the Superintendent, at any time after the execution of the said Lease, by writing, under his hand, to authorise the said John Jenkins Peacock, his Executors, Administrators and Assigns to excavate and remove so much of the base of the cliffs fronting upon the said land as shall be set forth in such writing: Provided nevertheless that such writing shall have annexed thereto a certificate by the Provincial Engineer that such excavation and removal will not damage the adjacent roads or over public rights, and the words " base of cliffs " in the Schedule A to this Ordinance, shall be taken to mean the base of the cliffs after any such excavation and removal as aforesaid.

6. Power to resume the possession of land so leased on certain conditions. In case at any time during the said term the said piece or parceI of land shall be required for the purpose of making part of or completing a line of public wharves along that part of the town of Lyttelton fronting upon the sea, in accordance with

a general design to be approved of by the Provincial Council of the Province of Canterbury, it shall be lawful for the Superintendent for the time being, with the advice of the Executive Council, to resume the possession of the said piece or parcel of lancl, with all buildings and irnprovements then being thereon, upon giving to the said John Jenkins Peacock, his Executors, Administrators, or Assigns, or leaving at his or their last or usual place or places of abode in New Zealand, six calendar months' previous notice in writing, of the intention to resume such possession, and also upon full payment to the said John Jenkins Peacock, his Executors, Administrators, or Assigns, of the value of his or their term and interest under the said Lease, such value to be ascertined by the award of two Arbitrators, one to be named by the said John Jenkins Peacock, his

Executors, Adrninistrators, or Assigns, and the other by the Superintendent of the

said Province for the time being, or of an Umpire to be named by the said Arbitrators, in case of their differing: Provided that in the event of the said piece or parcel of land or any part thereof being resumed as aforesaid, and the same or any part thereof being again demised, the said John Jenkins Peacock, his Executors, Administrators and Assigns, shall have the option of taking the land proposed to be so demised on terms not less favourable than shall be offered to any other person: And provided also, that no such resumption of possession for the purpose aforesaid shall be made without the authority of an Ordinance of the Provincial Council to be duly passed in that behalf.

7. Title.

This Ordinance shall be entituled and may be cited as " The Peacock Wharf

Ordinance, Session VIII., No. 9."

Schedule A.

All that piece or parcel of land situate in and fronting upon Erskine Bay, in the Harbour of Port Victoria, bounded on the north by the sections Nos. 313 and 314, in the town of Lyttelton; on the east by a line in continuation with the west side of Dublin-street, in Lyttelton aforesaid; on the west by a line drawn from the south- west corner of section No. 313, to the nearest point of the base of the cliffs, and by the base of the said cliffs; and on the south by a line about 100 feet from low- water mark; and which said piece or parcel of land is more particularly delineated and described by the Map or Plan thereof annexed to this Ordinance.

Schedule B.

Table of Wharfage Tolls.

Almonds, bag ... ... ... ... ... ... ... ... Almonds, barrel ... ... ... ... ... ... ... ... Anchors, cwt. ... ... ... ... ... ... ... ... ... Arrowroot, package ... ... ... ... ... ... Apparel luggage, package ... ... ... ... Bacon, side ... ... ... ... ... ... ... ... ... Bags, bale ... ... ... ... ... ... ... ... ... ... Bags, bundle ... ... ... ... ... ... ... ... ... Bark, ton ... ... ... ... ... ... ... ... ... ... Barley, Wheat

Oats, Maize, or Seed, bag ... ... ... ... Beef or Pork, hhd. ... ... ... ... ... ... ... Beef or Pork, tierce ... ... ... ... ... ... ... Beef or Pork, barrel ... ... ... ... ... ... ... Beer or Cider, hhd. ... ... ... ... ... ... ...

Beer or Cider, qr-cask or barrel ... ... ... Beer or Cider, 3 doz. ... ... ... ... ... ... Beer or Cider, 4 doz. ... ... ... ... ... ... Biscuit, barrel ... ... ... ... ... ... ... ... Biscuits, bag ... ... ... ... ... ... ... ... ... Blankets, bale ... ... ... ... ... ... ... ... Blacking, case ... ... ... ... ... ... ... ... Bran, bag ... ... ... ... ... ... ... ... ... ... Bricks or Slates, thousand ... ... ... ... Butter, cask ... ... ... ... ... ... ... ... ... Boots or Shoes, package ... ... ... ... ... Books, case ... ... ... ... ... ... ... ... ...

C.

Castings, cwt. ... ... ... ... ... ... ... ... ... Cables, cwt. ... ... ... ... ... ... ... ... ... Calico, bale ... ... ... ... ... ... ... ... ... Candles, box ... ... ... ... ... ... ... ... ... Cannons, each ... ... ... ... ... ... ... ... Canvas, bale ... ... ... ... ... ... ... ... ... Canvas, bolt ... ... ... ... ... ... ... ... ... Carts, each ... ... ... ... ... ... ... ... ... Casks, empty, each ... ... ... ... ... ... Casks, water, each ... ... ... ... ... ... ... Carpets, bale ... ... ... ... ... ... ... ... Carpets, case ... ... ... ... ... ... ... ... Castor oil, case ... ... ... ... ... ... ... ... Chairs, each ... ... ... ... ... ... ... ... ... Chairs, case ... ... ... ... ... ... ... ... ... Cement, barrel ... ... ... ... ... ... ... ... Cheese, case ... ... ... ... ... ... ... ... ... Cheese, loose, each ... ... ... ... ... ... Cigars, case ... ... ... ... ... ... ... ... ... Coals, ton ... ... ... ... ... ... ... ... ... ... Coffee, bag ... ... ... ... ... ... ... ... ... Cordage, coil ... ... ... ... ... ... ... ... ... Cork, bag ... ... ... ... ... ... ... ... ... ... Curiosities, package ... ... ... ... ... ... Currants, carroteel ... ... ... ... ... ... ... Currants, barrel ... ... ... ... ... ... ... ...

D.

Dates, bag ... ... ... ... ... ... ... ... ... ... Drapery, bale ... ... ... ... ... ... ... ... ... Drapery, case ... ... ... ... ... ... ... ... Drays, each ... ... ... ... ... ... ... ... ...

E.

Earthenware or Glass, hhd. or crate ... Earthenware or Glass, barrel ... ... ...

F.

Figs, package ... ... ... ... ... ... ... ... Fish, barrel ... ... ... ... ... ... ... ... ... Flax, cwt. ... ... ... ... ... ... ... ... ... ... Floor cloth, roll ... ... ... ... ... ... ... ... Flour, 200 lbs ... ... ... ... ... ... ... ... ... Flour, 100lbs. ... ... ... ... ... ... ... ... ... Furniture, package ... ... ... ... ... ... ... Fruit, case ... ... ... ... ... ... ... ... ... ...

G.

Ginger, package ... ... ... ... ... ... ... ... Glass (window ), case ... ... ... ... ... ... Grindstones, each ... ... ... ... ... ... ... Gunpowder, barrel ... ... ... ... ... ... ...

H.

Hams, dozen ... ... ... ... ... ... ... ... ... Hardware, cask or hhd. ... ... ... ... ... Hardware, bag, keg, or bundle ... ... ... Hats, case ... ... ... ... ... ... ... ... ... ... Hay, truss ... ... ... ... ... ... ... ... ... ... Hides, dozen ... ... ... ... ... ... ... ... ... Hops, package ... ... ... ... ... ... ... ...

I.

Iron, ton ... ... ... ... ... ... ... ... ... ...

L.

Lard, package ... ... ... ... ... ... ... ... Lead or Shot, cwt. ... ... ... ... ... ... ... Leather, bale ... ... ... ... ... ... ... ... ...

M.

Maize, bushel ... ... ... ... ... ... ... ... ... Manufactures other than

blankets or calico, bale or case ... ... ... Matting, roll ... ... ... ... ... ... ... ... ... Molasses, cask ... ... ... ... ... ... ... ...

N.

Nuts, bag ... ... ... ... ... ... ... ... ... ... Nuts, barrel ... ... ... ... ... ... ... ... ...

O.

Oatmeal, bag or barrel ... ... ... ... ... ... Oars, dozen ... ... ... ... ... ... ... ... ... Oil, tun ... ... ... ... ... ... ... ... ... ... ... Oilmen's Stores case ... ... ... ... ... ...

P.

Paints, cask ... ... ... ... ... ... ... ... ... Paints, kegs ... ... ... ... ... ... ... ... ... Paper, bale or case ... ... ... ... ... ... ... Peas, cask ... ... ... ... ... ... ... ... ... Pepper, bag ... ... ... ... ... ... ... ... ... Pitch or tar, barrel ... ... ... ... ... ... ... Pipes ... ... ... ... ... ... ... ... ... ... ... Potatoes or Vegetables, ton ... ... ... ...

R.

Raisins, cask ... ... ... ... ... ... ... ... ... Raisins, case ... ... ... ... ... ... ... ... ... Rice, bag ... ... ... ... ... ... ... ... ... ...

S.

Salt, ton ... ... ... ... ... ... ... ... ... ... Salt, bag ... ... ... ... ... ... ... ... ... ... Sago, package ... ... ... ... ... ... ... ... Shingles, thousand ... ... ... ... ... ... ... Shooks, bale ... ... ... ... ... ... ... ... ... Starch, box ... ... ... ... ... ... ... ... ... Soap, box ... ... ... ... ... ... ... ... ... ... Skins, dozen ... ... ... ... ... ... ... ... ... Sugar, hhd. ... ... ... ... ... ... ... ... ... Sugar, bag ... ... ... ... ... ... ... ... ...

T.

Tea, chest ... ... ... ... ... ... ... ... ... ... Tea, half-chest ... ... ... ... ... ... ... ... Tea, box ... ... ... ... ... ... ... ... ... ... Timber, 100 feet ... ... ... ... ... ... ... ... Tobacco, tierce ... ... ... ... ... ... ... ... Tobacco, half-tierce ... ... ... ... ... ... Tobacco, keg or case ... ... ... ... ... ... Tobacco, basket or roll ... ... ... ... ... Truss or roll ... ... ... ... ... ... ... ... ...

V.

Vinegar, hhd. ... ... ... ... ... ... ... ... ... Vinegar, qr-cask or barrel ... ... ... ... ...

W.

Whalebone, bundle ... ... ... ... ... ... ... Wheelbarrows, each ... ... ... ... ... ... Wines or Spirits, pipe or punchn ... ... Wines and Spirits, hhd. ... ... ... ... ... Wines and Spirits, qr-cask ... ... ... ... Wines and Spirits, case, 4 gals.

Wines and Spirits, case, 2 gals.

Wine, 3 doz. ... ... ... ... ... ... ... ... ... Wool, bale ... ... ... ... ... ... ... ... ... ... Wool lashing, coil ... ... ... ... ... ... ...

Twopence Threepence Twopence Twopence Fourpence

One Penny Fourpence Twopence

One Shilling and Sixpence

One Penny Fivepence Threepence Twopence Fourpence Threepence Twopence Threepence Twopence Twopence Ninepence Threepence One Penny

Two Shillings and Sixpence

Twopence Sixpence Sixpence

Ninepence One Penny Three Shillings Sixpence

One Halfpenny Two Shillings Twopence Threepence Sixpence Sixpence Twopence

One Penny Sixpence Threepence Fourpence One Penny Sixpence One Shilling

Three Halfpence Three Halfpence Twopence Sixpence Sixpence Twopence

One Penny Ninepence Ninepence

Two Shillings and Sixpence

One Shilling

Sixpence

Twopence Twopence Twopence Fourpence

Three Halfpence

One Penny One Shilling Twopence

Twopence Twopence One Penny Threepence

Sixpence Sixpence One Penny Ninepence Threepence Sixpence Sixpence

One Shilling and Sixpence

Twopence Twopence Threepence

One Penny

Ninepence Twopence Fourpence

Twopence

Threepence

Twopence

Fourpence

Two Shillings and Sixpence

Threepence

Ninepence

One Penny and Twopence

Fourpence

Twopence

Twopence to Threepence

One Shilling and Sixpence

Threepence Twopence One Penny

One Shilling One Penny Twopence Threepence One Penny Twopence One Penny Twopence One Shilling One Penny

Twopence One Penny One Halfpenny Twopence Sixpence Fourpence Threepence One Penny Twopence

Fourpence

Threepence

Twopence Twopence Eightpence Fourpence Threepence Twopence One Penny Threepence Threepence

One Penny

Unenumerated Goods.

Heavy, per ton ... ... ... ... ... ... ... ... Package, tun or butt ... ... ... ... ... ... Puncheon ... ... ... ... ... ... ... ... ... ... Hogshead ... ... ... ... ... ... ... ... ... ... Barrel ... ... ... ... ... ... ... ... ... ... ... Keg ... ... ... ... ... ... ... ... ... ... ... ... Bundle or case ... ... ... ... ... ... ... ...

Jar or can ... ... ... ... ... ... ... ... ... ... Two Shillings and Sixpence

One Shilling and Threepence

Eightpence Sixpence Threepence Twopence Fourpence One penny

Livestock.

Horned cattle, per head ... ... ... ... ... Horses, per head ... ... ... ... ... ... ... Sheep, per head ... ... ... ... ... ... ... ... Pigs, per head ... ... ... ... ... ... ... ...

Passengers luggage ... ... ... ... ... ... One Shilling

One Shilling and sixpence

Twopence Twopence Free

Notes.

This Ordinance was passed by the Canterbury Provincial Council on 18th June

1857, and reserved for the Governor’s assent. The Governor, Thomas Gore

Browne, gave his assent on 21st August, 1857.

This Ordinance was extended in scope by “the Peacock Jetty Amendment Ordinance 1859,” passed during Session XI. to which his Excellency the Governor withheld his assent. See notification in New Zealand "Government Gazette," No. 11, page 69, 5th April, 1860. See the "Peacock Jetty Extension Ordinance, 1863."