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New Plymouth Exchanges Completion Act 1874 Amendment Act 1885 Local Act Date of assent 1885 No 4 22 September 1885 Contents Title Short Title Act to be read with The New Plymouth Exchanges Completion Act 1874 Interpretation Exchanges in Schedule 1 to be subject to the New Plymouth Exchanges Completion Act 1874 Antevesting land in Superintendent of Taranaki Grants to be taken up before exchange made Issue of certiﬁcate deemed to vest land in exchangee as from 31st August, 1874 Before delivering grant security to be given Removing doubts as to validity of certain conveyances executed by Superintendent Public Trustee to act for grantee absent from colony Agreement for certain exchanges deemed to have lapsed Section 1540, New Plymouth, vested in John Harrison Section 146, New Plymouth, deemed to have vested in Superintendent Repeal Amendment of Schedule to The New Plymouth Exchanges Completion Act 1874 Page 2 2 2 2 3 3 3 4 4 5 5 5 6 6 6 6 1 New Plymouth Exchanges Completion Act 1874 Amendment Act 1885 1885 No 4 16 17 Validating grants in Schedule 3 Section 390, New Plymouth, may be exchanged for Section 297 Schedule 1 Exchange certiﬁcates issued in continuation of certiﬁcates in Schedule to Act of 1874 Schedule 2 Corrections required to the New Plymouth Exchanges Completion Act 1874 Schedule 3 Schedule 4 Form of certiﬁcate of completion of exchange 7 7 7 12 14 15 An Act to amend The New Plymouth Exchanges Completion Act 1874, and to make provision for the completion of other Exchanges.
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows: — Short Title The Short Title of this Act is The New Plymouth Exchanges Completion Act 1874 Amendment Act 1885.
Act to be read with The New Plymouth Exchanges Completion Act 1874 This Act shall be deemed to be incorporated with The New Plymouth Exchanges Completion Act 1874, hereinafter re­ ferred to as “the said Act,” and the provisions of the said Act as herein modiﬁed shall apply to this Act and to the exchanges included herein.
Interpretation In this Act, if not inconsistent with the context,— 1 2 3 2 1885 No 4 New Plymouth Exchanges Completion Act 1874 Amendment Act 1885 s 6 4 5 6 Exchangee means any person whose land may have been taken or injured under the provisions of certain ordinances of the Superintendent and Provincial Council of Taranaki intituled The Town of New Plymouth Compensation Ordin­ ance 1859, and The Town of New Plymouth Consolidation Ordinance 1859, or either of them, and includes the persons named in the Schedule to the said Act and in the Schedules to this Act, and the heir­at­law, devisee, purchaser, or other persons who on the thirty­ﬁrst day of August, one thousand eight hundred and seventy­four, shall be proved to have been legally entitled, under the person so named, to the land so taken or injured.
Exchanges in Schedule 1 to be subject to the New Plymouth Exchanges Completion Act 1874 The exchanges included in Schedule 1 hereto be subject to the provisions of the said Act as amended hereby.
Antevesting land in Superintendent of Taranaki The lands mentioned in the ﬁrst column of the Schedule to the said Act, as amended by this Act, and in the ﬁrst column of Schedules 1, 2, and 3 to this Act, shall be deemed to have vested in the Superintendent of the late Province of Taranaki on the thirty­ﬁrst day of August, one thousand eight hundred and seventy­four, upon the trusts and for the purposes provided by section two of the said Act.
Grants to be taken up before exchange made Section four of the said Act is hereby repealed, and in lieu thereof it is enacted that, before section three of the said Act shall take effect to vest in the exchangee the land included in the third column of the Schedule to the said Act, as amended by this Act, or in the third column of Schedules 1 and 2 to this Act, the exchangee or person claiming under him shall obtain and take up a grant from the Crown (or, in cases where such exchangee claims under a prior exchange, a certiﬁcate of the completion of such prior exchange) for the land to be given up by such exchangee; and such grant or certiﬁcate, together with all instruments of title in his control under which the ex­ 3 s 7 New Plymouth Exchanges Completion Act 1874 Amendment Act 1885 1885 No 4 changee claims the section given up by him, shall be by such person delivered to the Commissioner of Crown Lands for the district, who shall thereupon issue to such person a certiﬁcate in the form in Schedule 4 hereto.
Issue of certiﬁcate deemed to vest land in exchangee as from 31st August, 1874 Any certiﬁcate issued under the said Act, or to be issued under this Act (whether under the hand of the Superintendent of the late Province of Taranaki, or of the Commissioner of Crown Lands), shall vest and be deemed to have vested absolutely the land received by the exchangee in such exchangee on the thirty­ﬁrst day of August, one thousand eight hundred and sev­ enty­four.
Before delivering grant security to be given And whereas Crown grants in fulﬁlment of contracts with the New Zealand Company have been issued, and may hereafter be issued, in the names of persons entitled thereto, but which persons have not made any claim for the issue of such grants, or produced the land orders under which the land included in such grants was held; and it is expedient, in order to facilitate the completion of titles under The New Plymouth Exchanges Commission Act 1865, and the various Acts amending the same, generally to enact as follows: Be it enacted that it shall be lawful for the registrar of Deeds or District Land Registrar, as the case may be, for the district wherein the affected lands are situated to require security (such security being taken in the name of the Lost Land Orders Commissioner), in such form and to such extent as he shall think right, in any case where such land order has been lost or destroyed, and where secur­ ity has not previously been given, from the person entitled to the Crown grant, before delivering such grant; and the security so taken shall be deemed to be in satisfaction of that required under The Lost Land Orders Act 1861.
7 8 4 1885 No 4 New Plymouth Exchanges Completion Act 1874 Amendment Act 1885 s 11 9 10 11 Removing doubts as to validity of certain conveyances executed by Superintendent And whereas, under the provisions of The New Plymouth Pub­ lic Works Ordinance 1855, various sections of land in the Town of New Plymouth have been sold by the late Provin­ cial Government, and conveyances of the lands so sold have been executed by the then Superintendent to the purchasers thereof, and it is desirable to remove doubts as to the valid­ ity of such conveyances: Be it enacted that such conveyances shall be deemed to have been valid and effectual to vest abso­ lutely in the respective purchasers thereunder the lands therein comprised.
Public Trustee to act for grantee absent from colony And whereas it may happen that the owners of sections granted in fulﬁlment of contracts with the New Zealand Company may be absent from the colony, and have no known agent in the colony: Be it enacted that the Public Trustee, whenever he shall deem it expedient, in order to complete exchanges, or otherwise in the interest of such owner, so to do, may take up such grant and complete such exchange; and all moneys paid by the Public Trustee for such purpose shall be a charge upon the land in respect of which they have been paid.
Agreement for certain exchanges deemed to have lapsed And whereas the exchanges intended to have been effected of the following sections cannot be carried out, by reason of the intended exchangees thereof not having acquired a title thereto, and it is expedient to declare that such intended ex­ changes shall be deemed to have lapsed: Be it therefore en­ acted that all contracts for the exchange of sections one thou­ sand one hundred and forty­eight, one thousand two hundred, one thousand two hundred and eight, and one thousand two hundred and eleven, New Plymouth, for any other sections, and all certiﬁcates of exchange issued under The New Ply­ mouth Exchanges Commission Act 1865, in respect thereof, shall be deemed to have been void.
5 New Plymouth Exchanges Completion Act 1874 Amendment Act 1885 1885 No 4 Section 1540, New Plymouth, vested in John Harrison And whereas under the said Act it is provided that one John Harrison, upon surrendering a Crown grant for section one thousand one hundred and seven, New Plymouth, should be entitled to section one thousand ﬁve hundred and forty, New Plymouth, and it is expedient to vest the said section one thou­ sand ﬁve hundred and forty, New Plymouth, in the said John Harrison, without requiring the surrender of the said Crown grant: Be it enacted that the said section one thousand ﬁve hundred and forty may be granted to the said John Harrison as from the thirty­ﬁrst day of December, one thousand eight hundred and sixty­one, unconditionally.
Section 146, New Plymouth, deemed to have vested in Superintendent And whereas one James Evans or his assigns surrendered to the Superintendent of the late Province of Taranaki the Crown grant for section one hundred and forty­six, New Plymouth, and received in lieu thereof a grant from the Crown for sec­ tion one thousand and thirty­six, New Plymouth: Be it enacted that the whole estate and interest of the said James Evans, the grantee, in the said Section one hundred and forty­six, shall be deemed to have vested in the said Superintendent as from the thirty­ﬁrst day of December, one thousand eight hundred and sixty­one.
Repeal Paragraph eighteen of the Schedule to The Special Powers and Contracts Act 1883 is hereby repealed.

Amendment of Schedule to The New Plymouth Exchanges Completion Act 1874 And whereas various errors have been found to exist in the Schedule to the said Act, and it is expedient to amend the same: Be it therefore enacted that the said Schedule shall be read as if the exchanges included in Schedule 2 hereto had been inserted in the said Act, instead of the exchanges for which the same are substituted.
s 12 12 13 14 15 6 1885 No 4 New Plymouth Exchanges Completion Act 1874 Amendment Act 1885 Schedule 1 16 17 Validating grants in Schedule 3 And whereas the several exchanges in the said Act comprised in Schedule 3 hereto cannot be given effect to as in the said Act provided, and it is expedient to make other provision for the completion of such exchanges: Be it therefore enacted that grants from the Crown to the exchangees or to the persons through whom they claim for the sections mentioned in the third column of the said Schedule 3 hereto shall be and the same are hereby validated.
Section 390, New Plymouth, may be exchanged for Section 297 And whereas the exchange intended to have been effected of Sections three hundred and ninety and two hundred and ninety­seven, Town of New Plymouth, cannot be carried out by reason of an error made in the Report number one thou­ sand two hundred and ﬁfty­six of the New Zealand Company’s Lands Claims Commissioner on claim number one thousand six hundred and eighteen, respecting the former of such sec­ tions, and there is no means by which such Commissioner can now correct the said error: And whereas it is expedient, in order to enable the said exchange to be completed, to annul the said report: Be it therefore enacted that the said Report number one thousand two hundred and ﬁfty­six, whereby one Samuel Farrar is decided to be entitled to a Crown grant for Section three hundred and ninety, Town of New Plymouth, is hereby annulled from the date thereof.
Schedule 1 Exchange certiﬁcates issued in continuation of certiﬁcates in Schedule to Act of 1874 Col 1 Sections given to Column 2 EXCHANGEE.

Col 3 Sections received 7 Schedule 1 New Plymouth Exchanges Completion Act 1874 Amendment Act 1885 1885 No 4 Superin­ tendent.

No.
Henry Lancelot Redhead, New Plymouth, gentleman Henry Lancelot Redhead, New Plymouth, gentleman Thomas Poole Waterhouse, Halifax, Yorkshire, gentleman 110 136 390 392 Ellen Fletcher, Naples, spinster Thomas John Lowndes, Liverpool, wine merchant Thomas Poole Waterhouse, Halifax, Yorkshire, gentleman Joseph Hartley, Halifax, Yorkshire, printer Joseph Thorp, Halifax, Yorkshire, gentleman Mary Wilson, Halifax, Yorkshire, spinster George Gutch, Harrow Road, Middlesex, Esquire John Watson, Trafalgar Square, London, Esquire George Gutch, Harrow Road, Middlesex, Esquire John Watson, Trafalgar Square, London, Esquire 405 416 433 434 437 447 449 471 473 from the Superin­ tendent.
No.

113 140 297 1319 265 130 367 792 291 1578 1633 1554 1609 8 1885 No 4 New Plymouth Exchanges Completion Act 1874 Amendment Act 1885 Schedule 1 Column 2 EXCHANGEE.

Col 1 Sections given to Superin­ tendent.

No.
John Watson, Trafalgar Square, London, Esquire Richard William Birch, Derby, England, Esquire Richard William Birch, Derby, England, Esquire Henry Garrett Key, Tulse Hill, Surrey, gentleman Thomas John Lowndes, Liverpool, wine merchant Hannah Wigglesworth, Warley, Halifax, Yorkshire, spinster 474 477 478 491 513 522 529 Francis Liardet, New Plymouth, settler Richard William Birch, Derby, England, Esquire 530 William Glegg Gover, Pimlico, London, Esquire William Glegg Gover, Pimlico, London, Esquire Benjamin Charles Thomas Grey, London, merchant 1104 1124 1145 Col 3 Sections received from the Superin­ tendent.
No.

1608 1289 1290 196E 239 797 1320 1321 1505 1504 1619 9 Schedule 1 New Plymouth Exchanges Completion Act 1874 Amendment Act 1885 1885 No 4 Column 2 EXCHANGEE.

Col 1 Sections given to Superin­ tendent.

No.
No.

Benjamin Charles Thomas Grey, London, merchant 1162 Samuel Stephens, Walsall, England, gentleman Thomas Curtis Vipan, Thetford, England, Esquire Samuel Stephens, Walsall, England, gentleman Charles Ibbotson, Tadcaster, England, clerk Mary Ann Elliott Kidman, Luton, England, spinster Joseph Morgan, Covent Garden, London, Esquire 1219 1247 1255 1644 1720 1722 1733 Sir Antony Buller, Pound, Devon James Bishop, Auckland, Private 65th Regiment 1753 Col 3 Sections received from the Superin­ tendent.

No.
No.

1620 1957 1316 1958 1620 1678 850 1534 1662 1755 Jane Kingdon New Plymouth, widow 1378H Frederick Rouch, Canterbury, England, clerk Lady Elizabeth Bulteel, Pamﬂete, Devon, widow 1847 1874 1681 2072 10 1885 No 4 New Plymouth Exchanges Completion Act 1874 Amendment Act 1885 Schedule 1 Column 2 EXCHANGEE.

Col 1 Sections given to Superin­ tendent.

No.
Thomas Poole Waterhouse, Halifax, Yorkshire, gentleman George Thomas Croft, Dover, England, gentleman Elizabeth Nelson, Halifax, Yorkshire, spinster John Bawn or Barron, Cheltenham, England, MD 1896 1916 1922 1924 Pt 2028 Edward James Cudd, New Plymouth, storekeeper Henry Garrett Key, Tulse Hill, Surrey, gentleman Henry Garrett Key, Tulse Hill, Surrey, gentleman Lady Elizabeth Bulteel, Pamﬂete, Devon, widow Frederick Rouch, Canterbury, England, clerk Henry Garrett Key, Tulse Hill, Surrey, gentleman George Depledge, Leeds, England, gentleman 2102 2103 2140 2150 2190 2219 Col 3 Sections received from the Superin­ tendent.
No.

292 1657 1699 1658 843 1351 1350 1599 1317 1611 262 11 Schedule 2 New Plymouth Exchanges Completion Act 1874 Amendment Act 1885 1885 No 4 Column 2 EXCHANGEE.

Col 1 Sections given to Superin­ tendent.

No.


George Depledge, Leeds, England, gentleman John Richards, Birmingham, England, gentleman John Richards, Birmingham, England, gentleman Elizabeth Wigglesworth, Warley, Halifax, Yorkshire, spinster Smythe White, Birmingham, England, gentleman 2221 2249 2250 2253 2270 2270A John Richards, Birmingham, England, gentleman 2309 Maria Gover, Pimlico, London, spinster Col 3 Sections received from the Superin­ tendent.

No.
No.

263 322 323 798 203 324 103 Schedule 2 Corrections required to the New Plymouth Exchanges Completion Act 1874 Town of New Plymouth Col 1 Sections given to 12 Column 2 EXCHANGEE.

Col 3 Sections received 1885 No 4 New Plymouth Exchanges Completion Act 1874 Amendment Act 1885 Schedule 2 from the Superin­ tendent.

No.

Thomas Bayly, Taranaki, farmer, and others, trustees for Primitive Methodists G Superin­ tendent.

No.
789 pt 801 and part of Marsland Hill Richard Chilman, New Plymouth, Collector of Customs 1320 pt 1060 Edward James Cudd, New Plymouth, storekeeper Edward James Cudd, New Plymouth, storekeeper Richard Grylls, New Plymouth, publican 1082 2025 Thomas Hirst, New Plymouth, land agent 410 pt 1715 Thomas Hirst, New Plymouth, land agent pt 1694 pt 1735 pt N 1309 110 Pt Gardner Street pt 1695 pt 1700 and part of Gilbert Street pt 1701 13 Schedule 3 New Plymouth Exchanges Completion Act 1874 Amendment Act 1885 1885 No 4 Column 2 EXCHANGEE.
Col 1 Sections given to Superin­ tendent.

No.

William King Hulke, New Plymouth, settler 2145 Schedule 3 Column 2 EXCHANGEE.

Col 1 Sections vested in the Super­ intendent.

No.

James Marsh, New Plymouth, shoemaker 228A Andrew Morton, New Plymouth, carpenter pt 761 14 Col 3 Sections received from the Superin­ tendent.

No.

and part of Gilbert Street pt 1702 and part of Gilbert Street.

Col 3 Sections to be granted in Exchange.

No.


1589 782 1885 No 4 New Plymouth Exchanges Completion Act 1874 Amendment Act 1885 Schedule 4 Column 2 EXCHANGEE.

Col 1 Sections vested in the Super­ intendent.

No.

Octavius Carrington, New Plymouth, surveyor pt 761 Eliza Hammerton, New Plymouth, widow 1177 Col 3 Sections to be granted in Exchange.

No.
No.

783 1590 Schedule 4 Form of certiﬁcate of completion of exchange New Plymouth Exchanges I HEREBY certify that the Crown grant (or the certiﬁcate of com­ pletion of prior exchange) and instruments evidencing the title of the exchangee to Section , New Plymouth, have been surrendered to me; and that the exchangee has become entitled to Section , New Plymouth, as shewn by the plan in the margin hereof.

Dated Plan of Section acquired by exchangee: Commissioner of Crown Lands.

15