Auckland Waste Land Regulations, 1859

Auckland; and any Non-commissioned Officer or Private, Marine, or Seaman shall, at the same time, produce to the Commissioner a certificate from the Officer under whom he may have served, of having during his period of service been of a good character: Provided also that any such Land Order shall be applied for within twelve calendar months next after such retirement or discharge as aforesaid.

82. Every such Land Order shall be granted by the Commissioner, or his Deputy in New Zealand, and shall be to the same purport, and shall have the same effect, and shall entitle the person in whose favour the same is granted to the same rights and privileges as a Land Order granted by an Agent in England, to a person emigrating therefrom after such last-mentioned order shall, have been presented to, and had a note made thereon by, the Commissioner, or his Deputy as hereinbefore provided.

X.

School Teachers and Common Schools.

83. For the purpose of encouraging persons qualified to teach in Common Schools to settle in the Province of Auckland, every such person who shall produce to the Superintendent a certificate signed by the Chairman of the Board of Education of the said Province, established under the provisions of the Education Act, 1857, that such person is qualified to teach Reading, Writing, Arithmetic, and English Grammar, such person shall be entitled to receive a Land Order for the selection of 80 acres of General Country Land.

84. No such Land Order shall be transferable, but the Teacher to whom the same shall be granted shall be entitled to a Crown Grant of the Land selected by him under such Land Order at the expiration of five years from the date of such Order, upon proof to the satisfaction of the Superintendent that such Teacher has been engaged during the whole period of such five years in teaching youth within the said Province in a Common School in connection with the said Board of Education.

85. Provided always that in the event of the death of any such Teacher at any time within the said term of five years, his appointee constituted in writing, or in default of such appointee his legal representative, shall be entitled at once to a Crown Grant of the Land selected or to be then selected under such Land Order.

XI.

Occupation of Waste Lands.

86. The Rules and Regulations set forth in the Schedule hereunto annexed, shall remain and be in force for regulating the issue of Pasture and Timber Licenses for the occupation of Waste Lands of the Crown outside Hundreds.

87. Any Commissioner appointed under these Regulations shall have, exercise, and perform all the rights, powers, and duties which the Commissioner of Crown Lands mentioned in the said Rules and Regulations had or could exercise and perform under the said Rules and Regulations.

Miscellaneous.

88. It shall be lawful for the Commissioner, within three months after notice shall have been given in the “Government Gazette” for the Province of Auckland, to cause to be surveyed, at the applicant’s cost, (which shall be paid by such applicant before the Crown Grant shall be issued) all lands remaining unsurveyed, which shall have been applied for, and the application granted, under any Regulations relating to Unsurveyed Lands in force within the Province of Auckland.

89. Any Commissioner appointed under the “Auckland Waste Land Act, 1858,” shall possess and perform all the rights, powers, acts, and duties which the Waste Land Board, under the Waste Lands Regulations published in the “New Zealand Government Gazette,” dated the ninth day of February, 1855, and the Waste Lands Commissioner under the Waste Land Regulations published in the “New Zealand Government Gazette,” dated the fourteenth day of May, 1856, and also the Waste Land Commissioner appointed under the said “Auckland Waste Land Act, 1858,” respectively possessed, or could exercise and perform, so far as may be necessary to complete, carry out, or compel the performance of any contract, agreement, or other matter whatsoever, which may have been lawfully made, entered into, or commenced, but not completed, under the said Waste Land Regulations and Act respectively, before the commencement of these Regulations.

90. Throughout these Regulations, in the construction thereof, the word “Governor” shall mean the person for the time being lawfully administering the Government of the Colony of New Zealand; and unless there be something in the subject or context repugnant to such construction, words importing the singular number only shall include the plural, and words importing the plural number only shall include the singular, and words importing the masculine gender shall include females.

91. All acts and things done or performed under authority of the Auckland Waste Land Act, 1858, shall be deemed and considered as having been done and performed under the authority of these Regulations, and all acts and things directed to be done or performed by the said Act shall be deemed and considered as directed to be done and performed by these Regulations, and all appointments made under the authority of the said Act shall be deemed and considered to have been made under these Regulations.

92. These regulations may be cited for all purposes as the “Auckland Waste Land Regulations, 1859.”

SCHEDULE.

OCCUPATION OF CROWN LANDS.

1. All persons requiring Licenses for Runs on unoccupied portions of the Crown Lands, or for portions of the same which they now occupy, shall lodge a description of such Run (as near as may be in the form B hereunto annexed) with the Waste Land Commissioner.

2. If no objection exists to the applicant being allowed to occupy such Run, the Commissioner shall thereupon publicly notify that it has been claimed as a Run, and shall at the same time publish in the Government Gazette the name of the person claiming the Run and the description thereof.

3. No person shall be allowed to dispute the claim of another person to any Run applied for under these Regulations unless he shall do so within three months subsequently to the date of the publication above mentioned.

4. After the expiration of three months from the date of the said publication, the applicant shall be required to pay rent for the Run at the rate and in the manner after mentioned, and to distinguish by marked trees or posts or in such manner as shall be satisfactory to the Commissioner, such boundaries of the Run as are not otherwise defined.