Taranaki Education Reserves Act Amendment Act 1873
Taranaki Education Reserves Act Amendment Act 1873
Taranaki Education Reserves Act Amendment Act 1873
Taranaki Education Reserves Act Amendment Act 1873
Public Act |
1873 No 46 |
|
Date of assent |
29 September 1873 |
|
Contents
An Act to amend “The Taranaki Education Reserves Act, 1871,”
and to make provision for the Management of such Reserves.
Preamble.
WHEREAS by “The Taranaki Education Reserves Act, 1871,”
it was, among other things, enacted that it should be lawful for the Governor in the name of Her Majesty, and at the request of the Superintendent of the Province of Taranaki for the time being, to grant to the Board of Education of the said Province one or more blocks of land, being Crown lands or lands taken under the provisions of “The New Zealand Settlements Act, 1863,”
and. “The New Zealand Settlements Act Amendment and Continuance Act, 1865,”
or either of them, within the said Province, and not sold or agreed to be sold, and not reserved for public purposes, and not exceeding in the whole ten thousand acres, to hold to the said Board their successors and assigns for ever on trust for the purpose of the said Act, and no payment whatever should be required of the Board in respect of any such grant except such fees and other such payment as should for the time being be payable by law in respect of grants from the Crown, and the registration thereof and the registration of the grantee: And whereas by the said Act it was also enacted that it should be lawful for the Governor in like manner to grant the lands described in the First Schedule to the said Act to the said Board upon the same trusts, without any payment whatever save of the like fees and payments as therein mentioned: And further, that as to such of the parcels of land described in the Second Schedule of the said Act, being waste lands of the Crown reserved from sale, as had not yet been granted by the Crown, it should be lawful for the Governor in like manner to grant the same to the said Board upon the same trusts, without any payment whatever save of the like fees and payments as were mentioned in section two of the said Act: And the now in part reciting Act declared the trusts upon which the several parcels of land thereinbefore mentioned should be held, and made provision for the apportionment of the rents and profits of the said lands, as therein mentioned: And whereas, in order that the said lands may be more conveniently dealt with, it is expedient that provision should be made whereby the same shall be vested in the Superintendent of the said Province for the purposes and in the manner hereinafter mentioned:
Be it therefore enacted by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—
1 Short Title.
The Short Title of this Act shall be “The Taranaki Education Reserves Act Amendment Act, 1873.”
2 Repeal of part of “The Taranaki Education Reserves Act, 1871.”
The third, fourth, fifth, and sixth sections of “The Taranaki Education Reserves Act, 1871,”
(hereinafter called “the said Act,”
) are hereby repealed; but such repeal shall not, except as herein provided, affect any lease or agreement for a lease, or any other contract matter or thing lawfully made or done under the said Act by the Board of Education of the Province of Taranaki.
3 Lands granted under that Act to be vested in Superintendent on trust.
All lands which under the said Act have been granted to the said Board of Education, and all the estate and interest of such Board therein, and all rents and profits due or to accrue due under any lease or agreement for a lease as aforesaid, and all benefit and advantage of any contract or agreement lawfully made or entered into by the said Board respecting the said lands or any of them, shall, upon the passing of this Act, be absolutely vested in the Superintendent of the said Province and his successors, and shall be by him and them held upon trust and dealt with under the provisions hereof.
4 All lands by that Act authorized to be dealt with to be also vested in Superintendent on trust.
As to such of the lands authorized to be dealt with under the said Act as have not been granted under the said Act to the said Board of Education, it shall be lawful for the Governor, notwithstanding the repeal of the sections hereinbefore mentioned, from time to time to grant all or any of the lands by the said Act authorized to be dealt with to the said Superintendent and his successors, to be held by him and them upon trust, and to be dealt with under this Act.
5 Provisions of “The Public Reserves Act, 1854,”
to apply to these lands.
All such lands, whether vested in the said Superintendent, or granted to him and his successors under this Act, shall be deemed to be reserves for purposes of public utility under and subject to the provisions of “The Public Reserves Act, 1854,”
and “The Public Reserves Act Amendment Act, 1862.”
6 Lands to continue to be reserves. Application of rents and profits.
All lands affected or intended to be affected by this Act shall be and continue to be reserves for educational purposes within the said Province, and the rents and profits of the said lands shall, after paying the expenses of obtaining and managing the same, be applied in or towards the maintenance or encouragement of schools established under any Education Act or Ordinance in force in the said Province, or of schools not so established, which the Board of Education in the said Province may, in pursuance of the said Act or Ordinance, think fit to assist, and may apply such part thereof as the said Board shall think fit as prizes for the encouragement of learning in any of the said schools, and such prizes may be given in money or in books, or other suitable rewards.
7 Purposes not to be changed.
Notwithstanding anything hereinbefore contained, the specific purposes for which such lands have been reserved, or may under the said Act be reserved and set apart or otherwise dealt with, shall not be changed, nor the said lands sold or mortgaged, but the same shall be and remain and become reserves for educational purposes only, and for no other purposes.