Volunteer Act Amendment Act 1874
Volunteer Act Amendment Act 1874
Volunteer Act Amendment Act 1874
Volunteer Act Amendment Act 1874
Public Act |
1874 No 65 |
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Date of assent |
31 August 1874 |
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Contents
An Act to amend “The Volunteer Act, 1865.”
BE IT 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 Volunteer Act Amendment Act, 1874;”
and it shall be read with and as part of “The Volunteer Act, 1865,”
and of any Act amending the same.
2 Volunteer corps may acquire land for certain purposes.
Subject to the provisions of this Act, any Volunteer corps may, with the assent of the Governor, purchase take on lease or otherwise acquire any land or easement in land for rifle or artillery practice, and for the erection of butts targets batteries and other accommodations for the use of the corps when practising with rifles or artillery, or for the purpose of erecting and maintaining drill sheds on any such land.
Before giving his assent to the purchase lease or other acquisition of any such land for the purposes aforesaid, the Governor shall ascertain that such land is suitable for such purposes, and shall give or withhold his consent accordingly.
3 Licenses may be granted to Volunteer corps for use of land.
For the purposes of rifle or artillery practice, or for drill, a license to use any lands hereinafter mentioned may, with the consent of the Governor, be granted to any Volunteer corps as follows:—
(1.)
In the case of Crown lands the management whereof is vested in a Commissioner of Crown Lands in any province, by the Commissioner of Crown Lands in such province.
(2.)
In the case of lands not subject to the last preceding subsection, and the sale disposal and management of which is vested in the Waste Lands Board of any province, by such Waste Lands Board.
(3.)
In the case of lands vested in the Superintendent of any province, or in any Municipal Council or Corporation established under “The Municipal Corporations Act, 1867,”
or under any other Act or Ordinance providing for the constitution of Municipal Corporations, and not otherwise specifically reserved or set apart for any particular object or purpose, by such Superintendent Council or Corporation, as the case may be.
Proviso.
Provided—
(1.)
That no such license shall be granted for a longer period than seven years, but any license when granted may be renewed by the same authority that would have power to grant the same.
(2.)
That in the event of any land to which such license relates ceasing to be used for the purposes of this Act, the license shall thereupon absolutely cease.
4 Provision for cesser of license.
Any land in respect of which a license shall have been granted under this Act shall be deemed to have ceased to be used for the purposes of this Act where there has not been any such use by the corps to or for which the license was granted for a period of one year, and a certificate of the fact of such non-user has been given by the Inspector of the Volunteer Force for the time being, and such certificate shall be conclusive evidence of such fact as against all persons and in all Courts of Justice.
5 Regulations may be made for use of lands acquired.
The Governor in Council may, in the manner provided by the nineteenth section of “The Volunteer Act, 1865,”
make regulations for shooting and rifle practice on grounds purchased acquired or used for the purposes of this Act, and for preventing intrusion thereon during the times of shooting.
6 Lands to vest in Commanding Officer of the corps and his successors.
All lands purchased or leased, or any estate or interest therein acquired under this Act, shall vest in the Commanding Officer of the corps for the time being and his successors in office, with power for him and his successors to sue and to make any contracts conveyances or other assurances thereof, and do all other lawful things relating thereto, and any civil or criminal proceedings taken under or by virtue of this Act by the Commanding Officer of a corps in respect of any such lands, or any estate or interest therein, shall not be discontinued or abated by reason of his death resignation or removal from office, but may be carried on in the name of his successor in office.
7 Rules may be made providing for the management &c. of lands acquired.
With respect to lands purchased leased or otherwise acquired under this Act, any Volunteer corps may, in the manner provided by “The Volunteer Act, 1865,”
make rules providing in what manner such land shall be sold leased or otherwise managed or disposed of either during the existence of any such corps or upon the disbandment thereof, and how any rents or other moneys derived from any such sale lease or other disposition shall be applied invested or otherwise managed; and the provisions of the said Act with respect to the making of rules by any Volunteer corps, and to the approval thereof by the Governor, and all other the provisions of the said Act with respect to the making of rules, so far as applicable, shall be applicable to the rules authorized to be made by this Act.
8 Act to apply to land heretofore purchased, &c.
The provisions of this Act shall be applicable to any land, or any estate or interest in land, heretofore purchased leased or acquired, by any Volunteer corps for like purposes to those mentioned in the second section hereof. And all the provisions of this Act shall apply and extend to such lands, or any estate or interest therein, as fully and effectually as if such lands or such estate or interest as aforesaid had been purchased leased or acquired under this Act:
Provided that nothing in this Act contained shall be construed to prejudicially affect any conveyance mortgage lease contract agreement or other deed or instrument whatsoever executed made or entered into before the passing of this Act, and affecting or intended to affect any such land, or any estate or interest therein, as aforesaid.