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Superintendent's Corporate Powers Ordinance 1863

2. The Superintendents Corporate Powers Ordinance 1863

Analysis. Preamble.

1. Land to vest in Superintendent for the time being.

2. Superintendent to be a Body Corporate.

3. To hold land conveyed, upon trust, for the public service.

4. Administration to be with advice of Executive Council.

5. Land not to be alienated.

6. Exception.

7. Interpretation.

8. Short Title.

Whereas land has been and may be hereafter conveyed or assigned to the Superintendent of the Province of Canterbury for public purposes, and it is expedient that the expense and inconvenience of conveying or assigning such land from a retiring Superintendent or the Heirs, Executors, or Administrators of a deceased Superintendent to his Successors should be avoided:

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

1. Land to vest in Superintendent for the time being.

All land which may have been heretofore conveyed or assigned by any Deed or Instrument to any person who at the time of the execution of such Deed or Instrument was Superintendent of the Province of Canterbury, and which land was by such Deed or Instrument expressed to be conveyed or assigned to such person by any form of words indicating an intention that such land should be held by the person to whom it was conveyed in his capacity as Superintendent, shall be and is hereby vested in the Superintendent of the Province of Canterbury, and his Successors, for the residue, now expired, of such estate or interest as was limited to such person by such Deed or Instrument.

2. Superintendent to be a Body Corporate.

The Superintendent and his Successors shall, as to such land, and as to all other land hereafter to be conveyed or assigned to him or them for any purpose of public utility, be deemed and taken to be a Body Corporate, and shall take and bear the name of the Superintendent of the Province of Canterbury, and by that name shall have perpetual succession, and shall be capable in Law to do and suffer, in respect of the land vested or to be vested in him by virtue of this Ordinance, whatever may be lawfully done and suffered by a Body Corporate.

3. To hold land conveyed, upon trust, for the public service.

Every Superintendent in whom any such land shall be or become vested, shall hold the same, upon trust, for the public service of the Province for the purposes for which it was conveyed, with as full power to dispose of and manage the same

for such purposes as if the same were vested absolutely in such Superintendent, subject to the provisions hereinafter contained.

4. Administration to be with advice of Executive Council.

The management and administration of all land vested or to be vested in the Superintendent for the time being by virtue of this Ordinance, shall be carried on and conducted buy such Superintendent, with the advice of the Executive Council.

5. Land not to be alienated.

No land so vested or to be vested shall be alienated by way of sale, or mortgage, or by Lease, for any longer term than three years, except by the authority of an Ordinance of the Provincial Council to be passed in that behalf.

6. Exception.

Nothing in this Ordinance enacted shall refer to any land vested, or to become vested in the Superintendent and his Successors by any Act of the General Assembly of New Zealand, or Ordinance of the Provincial Council now in force and unrepealed.

7. Interpretation.

The word "land" in this Ordinance shall mean any estate or interest in any land situate in the Province of Canterbury.

8. Short Title.

This Ordinance shall be entituled and may be cited as the "Superintendent's

Corporate Powers Ordinance, 1863."

Notes.

Passed by the Provincial Council 22nd July 1863, assented by Superintendent on behalf of the Governor on 4th August 1863. Sam Bealey, Charles Bowen, Henry Bacon Quin.