Terms of Land Purchase and Settlement




12

be in every case conclusive and binding as against
all parties interested.

  1. Purchasers to be allowed to select out of the
    whole of the lands of each class which may be sur-
    veyed laid out and open to selection at the time, in

The Municipality and the Trustees for Religious
and Educational Uses to be entitled to select their
respective estates in the proportion of one property
or allotment each for every twenty properties or al-
lotments sold to private individuals; and the New
Zealand Company in the proportion of two proper-
ties or allotments for every twenty so sold.

  1. Seventy-five properties or 4,500 acres to be
    placed at the disposal of the Company\'s Agent, for
    sale in New Zealand, at the following increased
    prices, each kind of allotment being sold separately,
    if so desired by the purchaser; namely, town land
    £40 per allotment of quarter-acre; suburban land
    £40 per allotment of ten acres; and rural land £50
    per allotment of twenty-five acres.

  2. The whole proceeds of the increased prices
    mentioned in paragraphs 7 and 20, and also of costs
    and other minerals disposed of specially under the
    provisions of paragraph 10, and of the sites of villages
    and towns with suburban allotments adjacent as
    provided for in paragraph 11, to be in all cases ap-
    propriated (by eighths) in the proportions and man-
    ner laid down in paragraph 7.

  3. The Association (including the purchasers
    and colonists whom they have brought forward or
    approved) having prepared a Deed of Trust and Re-
    lative Institutes, dated 6th November 1847, as
    a Constitution for Church and Schools, the same to
    be held as part of the Constitution; to be duly
    appointed thereunder, the funds for Religious and
    Educational uses to be handed over, as collected, on
    the completion of each party; the provisions of such
    Deed of Trust and Relative Institutes to be duly
    observed in all respects; and in this and all other
    matters, the Association to have respect to the full
    exoneration of the Company from responsibility, at
    the earliest possible period.

  4. The Emigration Fund to be applied as may
    be decided on from time to time by the Company,
    after consultation with the Association, and the
    selection of free or assisted passengers to be entirely
    confided to the Association.

Purchasers desirous of recommending laborers to
the Association, for free or assisted passages, to
give to the Association written notice of the desire
to make such recommendation, with full particulars
of the laborers recommended, six weeks before the
sailing of the vessel in which the laborers, if ap-
proved, are proposed to be sent.

(For claims of the amount of the Emigration Fund
(or £30 on each entire property purchased) to be
applied to the provision of a supply of labor in ac-
cordance with the Government Regulations; and
the remainder (or £15 on each entire property,) sub-
ject to the concurrence of the Company to the pas-
sages from the United Kingdom of persons who, un-
der those regulations, are not strictly eligible; such
as—the parents of grown up children,—children
under seven years of age, in excess of the authorised
number,—and, to a limited extent, purchasers as de-
tailed in paragraphs 24 to 27 below.

  1. Chief-cabin passengers, being purchasers, to
    be entitled, at any time within twelve months from
    the date of their respective purchases to receive one-
    third of the Emigration Fund accruing thereon (or
    £15 on each entire property,) as an allowance to-
    wards defraying the expense actually and reasonably
    incurred for the passengers to the settlement of the
    said purchasers and their families, at the rates laid
    down by the New Zealand Company.

  2. Fore-cabin and steerage passengers, being
    purchasers with regard to the Otago Associa-
    tion may be satisfied that they intend to be hirers of
    labor in the colony, to be allowed at any time within
    twelve months from the date of their respective pur-
    chases (or £15 on each entire property); if,
    to the satisfaction of the Association, not intending
    to be hirers of labor, but to be in fact laborers them-
    selves, the whole Emigration Fund accruing on
    their purchases (or £15 on each entire property);—
    provided in every case that the sum specified be ac-
    tually and reasonably expended as stated in para-
    graph 24 above.

  3. Passages to be reserved for purchasers and
    for laborers recommended by them and approved
    by the Association, in the ships chartered by the
    Company, provided that application for such pas-
    sages be made six weeks before the sailing of the
    ship in which the parties desire to proceed.

  4. Purchasers proceeding direct to the settlement
    from India or Ceylon, to be placed so far on the same
    footing as purchasers in the United Kingdom, as to
    have the same allowance for the passage of them-
    selves and their families; provided the amount be
    shown to the satisfaction of the Company\'s Principal
    Agent to have been actually and reasonably expend-
    ed on such passage, at rates proportionate to those
    of the Company from England; and provided also
    the interval between the purchaser\'s arrival in the
    settlement, and his purchase, (whichever be prior in
    order of time) do not exceed twelve months.

  5. The expenditure of the Association, includ-
    ing the Committee in London, to be met in the first
    instance by the Company, to such moderate extent
    as may be necessary; it being understood that, with
    the exception of a paid Secretary and travelling ex-
    penses if incurred, the Members of the Association
    are to act gratuitously. The whole of such expen-
    diture, together with that already incurred under the
    arrangements prior to the 14th of May 1847, to be
    charged to the fund for founding and maintaining
    the settlement.

  6. Subject to the modifications mentioned in the
    foregoing paragraphs, and to the exception of coffers
    and funds relating to Religious and Educational
    uses,—the appointment of officers, and the manage-
    ment and expenditure of the several funds, to be
    vested altogether in the Company; but all reason-
    able attention to be paid by the Court of Directors
    to the recommendations of the Association.

  7. In case of any difference arising between the
    Company and any purchaser, with respect to the
    construction of these presents, or the execution of
    any contract founded thereon, such difference to be
    decided by two Arbitrators, one to be named by each
    party, or by an Umpire to be named by the Arbi-
    trators.

In the event, also, of any difference or question
arising, either between private parties, or between
such parties and the Company or other Public Body,
or between such bodies, in any way relating
to water connected with any land referred to in
these presents, or to the possession or use of such
water, or to the erection of mills or machinery to be
moved thereby, or to any other right or privilege
connected therewith, such difference or question to
be decided in like manner, either by Arbitrators, or
by an Umpire, the whole to be named respectively
as above mentioned.

By order of the Court of Directors,
THOMAS CUDBERT HARINGTON,
Secretary,
New Zealand House, 9, Broad-Street Buildings,
London, 1st August 1849.



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Online Sources for this page:

PDF PDF New Munster Gazette 1852, No 1





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🗺️ Terms of Purchase of Land, Otago (continued from previous page)

🗺️ Lands, Settlement & Survey
1 August 1849
Otago, Land Purchase, Dunedin, Settlement, New Zealand Company, Emigration, Minerals, Coal, Arbitration, Church and Schools
  • Thomas Cudbert Harington, Secretary