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Statutes of New Zealand.

ACTS PASSED BY THE GENERAL ASSEMBLY, 1860. No. 11. An Act to amend an “ Act to make provision for the management of Gold Fields in the Colony of New Zealand." [2B th September, 1889.] Whereas it is expedient to enable the Governor to grant leases of lands within a Gold Field for agricultural and business purposes, and in other respects to amend “ The Gold Fields’ Act, 1858,” Be it therefore enacted by the General Assembly of New Zealand, in Parliament assembled, and by authority of the same, as follows: 1. This Act and “ The Gold Fields Act, 1858,” shall, save so far as the latter is varied by this Act, be taken to be and construed as one Act, and shall have tbe short title of the “ Gold Fields Act, 1858, 1860.’’ 2. The phrase “ authorised person’’shall include all holders of any license or mining lease. Ministers of Heligiou and School-masters, and any Warden or Commissioner for the Gold Fields, or Constable or other person employed exclusively in the Government service, and the servants of any such person respectively there residing with and in the actual employment of any of them, and not mining for Gold either permanently or occasionally, and all holders of agricultural and business leases not mining lor Gold either permanently or occasionally, and their servants as aforesaid, and all females and all children under tne age of fourteen years, who shall only reside and not mine for Gold upon any Gold Field. 3. Subject to the provisions hereinafter contained, it shall be lawful for the Governor by deed, from time to time, to demise for agricultuial or buainess purposes to any person for any term not exceeding seven years from the making of the lease, any land within a Gold Field not exceeding ten acres in the whole, subject to such rent, costs, and conditions on the part of tbe lessee, his executors, administrators, and assigns, to be paid, observed, and performed as to the Governor shall seem meet. 4. Provided that if at any time after tbe granting of any such lease the land thereby demised or any part thereof shall in the judgment of the Governor be deemed to be highly auriferous, it shall be lawful for the Governor or any person appointed by him to give notice in writing as hereinafter mentioned of his intention to determine such lease. 5. At the expiration of three months from the delivery of such notice to the lessee or occupier, or to some servant of one of them on tbe demised land, or from tbe affixing of such notice to some conspicuous object on the demised land in case there is no occupier or servant as aforesaid thereon, such lease shall become null and void, and all interest of the lessee, his executors, administrators, and assigns therein, shall cease and determine. 6. Provided nevertheless that such lessee, his executors, administrators, or assigns, shall be entitled to compensation on account of the determination of bis lease, and for any improvements he may have made on such land during the subsistence of such lease to be ascertained in tbe manner hereinafter contained. 7. Such compensation may be settled by agreement between the lessee and any person appointed by and on behalf of tbe Governor. 8. If the amount of such compensation shall not be determined by agreement, then, and in every such case, the matter in difference shall be settled by arbitration by two arbitrators, one to be named by tbe Governor or some person deputed by him for such purpose, and the other arbitrator to be named by the party interested in such lands, and the matter in difference shall be determined by ibe said arbitrators or by any Umpire to be appointed by them before they shall enter upon the reference, and if any arbitrator or Umpire appointed under this Act shall die or refuse, or for seven days neglect to act, another person shall forthwith be named or appointed to supply the place of the person so dying, or refusing, or neglecting to act in the same manner as such last mentioned per-on was named or appointed: And further, the said arbitrators or Umpire shall determine by whom, and how, the costs of the reference and sward or Umpirage shall iu each case be paid, and they or he may summon and examine upon oath any witness, and administer the oath for that purpose. 9. Every lease of any lands, estate, or rights by the Governor, made in pursuance of the “ Gold Fields Act, 1858, iß6o,’’ may be made in the usual form between the Governor of the one part and the lessee of the other part, and in any such 'Case it shall be sufficient to call or describe the Governor by the style or title of “ the Governor of the Colony of New Zealand,’’ without naming him, and any such lease may be executed by the Governor by signing his name thereto. 10. All covenants on the part of the lessee, his heirs, executors, administrators, and assigns, and all powers reserved to the lessor, his heirs, executors, administrators, or assigns, in any lease implied ; and all other covenants, agreements, stipulations, reservations, and conditions expressed in any lease made in pursuance of the said “Gold Fields Act, 1858, I860,” on the part o r the lessee, his heirs, executors, administrators or assigns, to be made, entered into, reserved, or undertaken to and with tbe Governor shall be deemed and taken to be made, entered into, reserved, or undertaken to and with the Governor for the time being, and when and so often as the present Governor, and any succeeding Governor shall cease to hold such office, shall, by virtue of this Act, be vested in and ba enforceable by bis successor in tbe said office. 11. The Governor for the time being may bring, prosecute, and maintain any action of ejectment or other proceedings for recovering possession ot any lands so demised, and may sue and distrain for any arrears of rent which shall have become due for or in respect of any parol or other demise from him, or any predecessor in office, made in pursuance of the said “ Gold Fields Act, 1858, 1860 and also may bring, prosecute, and maintain, any other action in respect of any covenants, agreements, stipulations, reservations, and conditions whatsoever, contained or implied in any such demise; and in every such action or other proceeding shall be styled the "Governor,’’ without being named.

12. No such action or other proceeding shall abate by the death, resignation, or removal from office of the Governor. 13. Nothing in any lease made in pursuance of the ‘‘ Gold Fields Act, 1858, 1H60” shall extend to charge the person of the Governor or the heirs executors, or administrators of such Governor, or any of his or their own proper lands, tenements, goods, or chattels, with or for the performance of all or any of the covenants, conditions, or agreements in such lease contained on the part of the Governor. 14. Any distiict proclaimed or to be proclaimed a Gold Field and subject to the provisions of this Act and of the “ Gold Fields Act, 1858,” shall not be subject to the provisions of the “ Waste Lands’ Act, 1858,” or the several Acts, Ordinances, Bill*, and Regulations, specified in the Schedule thereto. No. 12. An Act to make further provision for the Representation of the People of New Zealand in the General Assembly. [2of/t October, 1860.] Be it enacted by the General Assembly of New Zealand, in Parliament assembled, and by authority of the same, as follows ; 1. The Short Title of this Act shall be “ The Representation Act, 1860.” 2. After (he dissolution of the present Parliament the House of Representatives shall consist of 53 Members, 3. For the purposes of the Election of Members of the said House, the Colony shall be divided into 43

Electoral Districts, as the same are respectively defined and set forth in the Schedule to this Act. 4. 1 lie names of such Electoral Districts, and the number of Members to be returned by each District respectively, shall be as follows : 1. Mongonui, One Member. 2. Bay of Islauds, One Member, d. Marsden, One Member. 4, Northern Division, Two Members. 5. City of Auckland East, One Member. (i. City of Auckland West, Two Members. 7, Parnell, One Member. 15. Newton, One Member. 9. Pensioner Settlements, One Member. 10. Town of Onehunga, One Member. 11. Franklin, Two Members. 12. Raglan, One M.ember. 13. Grey aud Bell, One Member, 14. Town of New Plymouth, One Member. 15. Otnata, One Member. 16. Wanganui, One Member. 17- Rangitiki, One Member. 18. Ponrua, One Member. 19. City of Wellington, Three Members. 20. Hutt, Two Members. 21. Wairarapa, One Member. 22. Napier, One Member. 23. Clive, One Member. 24. Collingwood, One Member.

25. Motueka, One Member. 26. City of Nelson. Two Members. 27. Suburbs of Nelson, One Member. 28. Waimea, One Member. 29. Picton, One Member. 3D. Wairau, One Member. 31. Cheviot, One Member. 32. Kaiapoi, One Member. 33. Avon, One Member, 34. Heathoote, One Member, 35. Ellesmere, One Member. 36. City of Cristchurch, One Member. 37. Town of Lytelion, One Member. 38. Akaroa, One Member. 39. Timaru, One Member. 40. Hampden, One Member. 41. Bruce, Two Members. 42. City of Dunedin, Two Members. 43. Wallace, Two Members. 5. Tbe Colonial Secretary shall cause properly authenticated maps of the said Electoral Districts to e deposited in tbe office of the Clerk of tbe said House. 6. Immediately after tbe passing of this Act, officers to be appointed by the Governor for that purpose, sba 1 form new Electoral Rolls for tbe several Electoral Districts constituted by this Act, 7. For tbe purpose of forming such new Electoral Rolls the name of every Elector registered on the Roll for the time being in force of any Electoral District as constituted before the passing of this Act, shall be placed on the new Electoral Roll of that one of the Electoral Districts constituted by this Act, in which tbe tenements or hereditaments in respect whereof he is ■o registered are situate. 8. Upon such new Electoral Rolls being so formed by each Officer appointed as aforesaid, the same shall forthwith be transmitted by sucdi Officer to the Colonial Secretary, and shall be published iu such convenient manner as tbe Governor shall direct, and from the day of such publication tbe Electoral Roll so formed lor each Districts shall be the Electoral Roll to be used for such District for all purposes, until a revised Electoral Roll for the same shall be in force under the provisions of the law for the time being for tbe Registration of Electors. 9. Writs shall he issued for the Election of Members of the House of Representatives in the ensuing Parliament as soon as the New Electoral Rolls shall have been farmed as hereinbefore provided for the Electoral Di-tricts constituted by this Act. 10. Provided always notwithstanding anything in this Act contained, if it shall appear to the Governor to be necessary to summon a Parliament before New Electoral Holla for all tbe Electoral Districts constituted by this Act shall have been formed and published as hereinbefore provided, it shall be lawful for the Governor from time to time to issue Writs for the election of Members of the House of Representatives

iii like manner as if this Act bad not been passed; and in such case no election shtll take place under this Act fexcept sucb as (ball take place under this preaeut provision) until alter the Dissolution of the Parliament next succeeding this present Parliament. 11. The “ Electoral Districts Act, 1858” is hereby repealed. SCHEDULE. 1. Mongokul :—I member. ThisElecioral District comprises somucb of the North Islandas lies to the North of a line from the Head of false Hckianga harbour to the summit of Maungataniwha mountain, and thence to the mouth of the Pupuke river at the head of Wangaroa harbour; including the adjacent islands. 2. Bay of Islanbs :—1 member. This Electoral District is bounded on the North by Mongonui District hereinbefore defined ; on the South by the Marsden District hereinafter defined ; and on the East and West by the Sea ; including the adjacent islands. 3. Marsden 1 member. This Electoral District is bounded on the North by a line commencing at Mongonui Bluff on the West Coast, and running thence along the summit of the Mangakahia range to Tutamoi mountain, thence by a right line to the North h-ad of Tutukaka harbour ; on the East by the Coast line to the Southern point of Hawere Island ; on the South by a right line to the summit or the Dome, thence by a right line to the confluence of the Hotea and Kaitoto rivers, thence by the Hotea river to high watermark in Kaipara harbour, thence by high water mark to the Tapora Flats, thence by a right line to the North head of Kaipara harbour: and on the West by the Sea to Mongonui Bluff. 4. Northern Division 2 members. This Electoral District is bounded on the North by the Marsden District la-t defined, and by Kaipara harbour ; on the West by the Sea ; on the South by the Manukau harbour; on the East by the Western Boundary of the Whau Township to the Whau Creek, thence by the Whau Creek to Waiternata harbour, and thence by the coast line to Cape Rodney; including the Islands of Rangitoto, Motutapu, Great and Little Barrier, Tiri Tiri Matangi, Kauau, and adjacent isles. 5. City of Auckland, East:—l member. This Electoral District is bounded on the North by Auckland Harbour ; on the West by the centre of Queen-street; on the South by the centre of Karangahape Hoad ; and on the South East by the centre of Symonds-street to the Southern Boundary of City Section 34, thence along that boundary to Stanley-street; thence by the centre of Stanley-street to the Southern boundary of City Section 11, thence by the Southern and Eastern Boundaries of Section 11 to the Mill Stream in Mechanics’ Bay, and by that stream to the Sea, 6. City of Auckland, West 2 members. This Electoral District is bounded on the North by Auckland Harbour; on the North-west by the centre of Franklin Road ; on the South-west by the centre of Ponsonby Road ; on the South by the centre of Karangahtpe Hoad ; and on the East by the centre of Queen-Street, 7. Parnell:—l member.

This Electoral District is bounded on the North by Auckland Harbour ; on the West and North-west by the City of Auckland East District hereinbefore defined, from the Mill Stream to Cemetery Road, and thence by the centre of Cemetery Road to Scoria Quarry Road; on the South by Scoria Quarry Road, Kyber Pass Road, andTamaki Road; and on the East by the Eastern Boundary of Suburban Secthn 14 from Tama, ki Road to Remuera Creek, and thence by that Creek to the Sea. 8. Newion: —1 member. This Electoral district is bounded on the North by Auckland Harbour and the City of Auckland East and West Districts hereinbefore defined; on the East by the Parnell District hereinbefore defined ; on the South by the centre of Cabbtge Tree Road and Karangahape Road ; and on the West by Meols Creek, and Scoria Creek to Auckland Harbour. 9, Pensioner Settlements ;—1 member. This Electoral District comprises the following Pensioner Villages :—l. Otahuhu : hounded on the North by the Portage Rond and Taraaki River, on the West by the Great South Road, on the South by Fairburn’a Road, and on the East by Tamaki River. 2. Panmure : comprising all the Village Lota, and Sections 1, 2, 3, and 4 of the Suburban Lots adjacent. 3. Howick : enmprising all the Village Lots, and Sections 1,2, 3, 4, 5,7,8,9,10, 11 and 12 of Suburban Lots adjacent. 10. Town of Oneiionga 1 member. This Electoral District is bounded on the North by Mount Smart Road, on the East by Section 17 of the Suburbs of Auckland, on the South by Manukau Harbour, and on the West by Section IS of the Suburbs of Auckland. 11. Franklin t members.

This Electoral District is bounded on the North by the Parnell District hereinbefore defined, and by the Sea, including the Islands of Waiheke, Pounui, and other isles in the Frith of the Thames ; on the East by the Sea from Cape Colville to the 39th parallel South Latitude ; on the West by the Great South Road from thejunction o( Kyber Pass Road to Maungatawhiri on the Waikato River, thence by the Waikato River to Lake Taupo, and thence by a line due South to the S9th parallel, and on the South by the 39ih parallel of South Latitude; excepting the Pensioner Settlements District hereinbefore defined. 12. Raglan 1 member. This Electoral District is bounded on the Nmth by the Newton District hereinbefore defined, and by VVaitemaia Harbour to Whau Creek : on the West by the Northern Division District hereinbefore defined, and the coast line to Mokau River ; on the South by the Grey and Bel! District hereinafter defined ; and on the East by the Great South Road and Franklin District hereinbefore defined ; excepting the Town of Onebunga District hereinbefore defined. 13. Ghey and Bell:—1 member. This Electoral District is bounded on the North by the River Mokau to its source, thence by a right line to the centre of Lake Taupo ; on the South-east, by a line from the centre of Lake Taupo to the confluence of the Tuhua and Wanganui River to the point where it is met by the Taumatamaboe Path, ihenceby a right line to the nearest point of the Pava River, and by ’.he Pates River to the Sea; on the South-west by the Sea Coast from Patea to Manawapou ; and on the West and North West by a lino from Manawapou to the Paritutu

Line, by the Paritutu Line to the Sea, and by the 8e« to Mokau Hirer ; excepting the Town of New Ply. mouth Diitrict hereinafter defined. 14. Town of New Plymouth:—! member . This Electoral District comprises the Town of New Plymoutn as laid out by the Now Zealand Company, 15. Omata:—l member. This Electoral District is bounded on the East by the Grey and Bell District hereinbefore defined, and on other sides by the Sea from the Paritutu Line to Manawapou rirer. , , 16. Wanganui:— l member. This Electoral District is bounded on the North West by the Grey and Bell District hereinbefore defined; on the South West by the sea between the Pates and Waagaehu rirers j and on the South East and East by the Wangaehu River to Ruapahu Mountain, and thence by a line North to the centre Lake Taupo. 17. Ranoitiki 1 member. This Electoral District is hounded cn the North East and East by a line from the centre of Lake Taupo tot the 59th parallel of South latitude, thence by the Napier and Clive Districts hereinafter defined j on the South by the Manawatu rirer from its Gorge in the Ruahina range, to its mouth; on the West by the coast line betwee°n the Manswatu river and the Wangaehu rirer; and on ihe North West by ihe Wanganui District hereinbefore defined. 18. Porirua ;—1 member. This Electoral District is bounded on the North by the Manawatu river from the mouth to the Gorge in the Hardline range; on the Eaat and South-east by the Wairaiapa and Hutt Districts hereinafter defined, to the mouth of the Korokoro stream in Port Nicholson ; and on the South and West by the coast line from the Korokoro to the Manawatu, including the adjacent islands; except the City of Wellington District hereinafter defined. 19. City of Wellington : -3 members. This Electoral District comprises the boundaries of the Town of Wellington, including the Town Bvlt,aa originally laid out by the New Zealand Company. 20. HuTr;-2 members. This Electoral District is bounded on the North Weal by the Korokoro stream in Port Nicholson to its source, thence along the bills forming the Watershed between Port Nicholson and Porirua, to the Tararua range j cm the East by the Tararua and Rimutaka rangea to Cape Tarakirae; and on the South by the Sea, including Somes and Ward Islands. 21. WairaEAPA 1 member. This Electoral District is bounded on the North by line from the Manawatu Gorge to the mouth of the Waimata stream ; on the East and South by the Coast line from the mouth of the Waimata stream to Cape Turskirae ; and on the West by the Kutt and Porirua Districts hereinbefore defined. 22. Napier : —1 member. This Electoral District is bounded on the North by the 39 th parallel of South latitude : on the East by the Coast line to the mouth of the Ngaruroro river; on the South by the Ngaruroro river to its source in the Ruahina range; and on the West by the Rangitiki District here* inbefore defined. 23. Cute: —1 member. Thisßlectoral District is bounded on the North by the Napier District, on the West by the Rangitiki District, and on the South by the Wairarspa District, as respectively hereinbefore defined; and on the East by the Se*.

24. Collingwood : l membe . This Electoral District ia bounded on the East by a line following the main ridges from Separation Point to Mount Arthur; on the South by s line from Mount Arthur to the mouth of the river Mackay, and on other sides by the Sea ; including the adjacent islands. 25. Motueka ; —1 member. This Electoral District is bounded on the East by tba Sea from Separation Point to the mouth of the Wiimei River ('including Rabbit Island and other adjacent isles) ; thence by the Waimea and Waiiti Rivers to Pigeon Valley Stream, thence on the South by Pigeon Valley Stream to its source, thence by a line across the « Montere Range to the junction of the Wangapeka and Motueka Rivers, and thence by a line to Mount Arthur; and on the West by the Collingwood District hercinbe* fere defined. 26. City op Nelson 2 members. H \ This Electoral District comprises the Town of Nelson, including the Town Belt, as originally laid out by the New Zealand Company. 27. Suburbs of Nslson 1 member. This Electoral District is bounded on the South by th» Road from the Sea to tbe Hills separating Sections Noa. 79, 69, 70, and 93, from Sectiona Nos. 78, 71, 72, and 94, and a straight line continued in the same direction to tbe boundary line of the Picton District; on the Bail by the Picton District hereinafter defined ; and on othet sides by the sea, including D'Urville’s Island and other adjacent isles; excepting the City of Nelson District, as hereinbefore defined. 28. Waimea .-—1 member. This Electoral District is bounded on the North by the Collingwood, Motueka, the Sea, and Suburbs of Nelson Districts, as respectively hereinbefore defined: on tbe East by tbe Picton, Wairau, and Cheviot Districts, as respective y hereinafter defined ; on the South by the Cheviot District, as hereinafter defined; and on tba wort by the Sea. 29. Picton 1 member. This Electoral District is bounded on tbe North bye line from tbe bead of Elaine Bay in Tennyson Inlet to Mount Duppa, thence by a lino to Saddle Hill, tbeoee by a line to Dun Mountah, thence by a line to Mount Rintoul, thence hyaline to Ben Nevis Mountain, thence by a line to the point where the. Road from Nelson crosses the Top House Creek ; and thence by the Top House Creek to tbe Wairau River; on the South by tbs Wairau River to its mouth, and on other sidea by

the Sea ; including Arapaoa and other adjacent island*. 3°. Wairau :—I member. This Electoral District is bounded on the North by the Wairau River to its mouth ; on the West by a lint from the point where the Top House Creek fslls into fihe Wairau River, to the summit of the nearest ridg* of hills, thence along the ridges forming the Eastern watershed of the Upper Wairau River to the Wsirsn Gorge, thence by a line to Princess Mountain, and thence to Lake Tennyson; on the South by tbeClarenc* River from Lake Tennyson to the sea ; and on other sides by the Sea. 31, Cheviot: —l member. This Electoral District is bounded on the North by the Wairau District hereinbefore defined ; on the West by a line from Princess Mountain to Mount Pakiterski; thence by a right line to Lake Brunner, thence by the Grey River from Lake Brunner to the Sea, and by tbs Sea; on the South by the South bank of the Rakaia to its source, and thence by a right line doe West to the Sea Coast ; and on the East by th* Sea Caa»t from the mouth of the River Kik*i» to Lake Ellesmere, thence by a line drawn due North and South through Trig. Pole C 29 (on the South Bank of the River Waimakariri) from Lske Ellesmere to the River Ashley, thence by the Ri w * Ashley to the Sea, and thence by the Sea to the mouth of the Clarence River. 32. Kaiapoi ;—1 member. This Electoral District is bounded on the North by the River Ashley ; on the Weat by the Cheviot District hereinbefore defined ; on the South by the South bank of the River Waimakiriri, and a line drawn from TrigPole C 1 9; on the South bank of that river to Trif* Pole C2’ on the Sea Coast: and on the East by the Sea. 33. Avon:—l member. This Electoral District is bounded on the North by the Kaiapoi District hereinbefore defined ; on tbe West by the Cheviot District hereinbefore defined; on lb* South by the North bank of the River Avon from jt* mouth to the point where it meets the boundary Town of Christchurch District hereinafter definedi thence by the boundary of that District as tar 88 I®* South-east corner of Rural Section No 10, thenefl by the South boundary of Section 10 and 1 South-east boundary of section 145, till it is crossed by a Creek running Easterly into tbe River Heatbcote, thence by that Creek till it is intersected by a IweJ® continuation of the South-eastern boundary line of Sc®' tion 180, thence by that line to the South-east cornero* Section 180, thence by the South boundaries of sect!®* 18'), 211, 240, and 337, and by tbe North side of 4 * • road on the South boundaries ofthosc sections cootintto the point where that road first meets a branch of tb River Heatbcote, and thence by a line due West to Cheviot District hereinbefore defined, and on tbe by the Sea, (To be continued.)

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Bibliographic details

Statutes of New Zealand., New Zealander, Volume XVII, Issue 1543, 30 January 1861

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4,464

Statutes of New Zealand. New Zealander, Volume XVII, Issue 1543, 30 January 1861

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