β¨ Text of Regulations
206
THE NEW ZEALAND GAZETTE.
should be permitted to acquire land free of cost | Provided also that the land selected by any one,
in proportion to their expenditure on Emigration, | person shall either be one allotment or contiguous
it shall be lawful for the Superintendent, from | allotments.
time to time, to appoint Emigration Agents in | 73. Every such Land Order, when so signed as
the United Kingdom, or elsewhere, with authority | aforesaid, shall be in force for five years from the
to grant Land Orders to persons intending to emi- | day of the arrival stated in such note, and if no
grate and settle in the Province of Auckland; and | selection be made within that time such Land
any such Agent at any time to remove. Pro- | Order shall be null and void.
vided always that no person shall be entitled to | 74. When any person in respect of whom any
demand any such Land Order as a right, or be | such Land Order shall have been granted, shall
entitled to receive any land whatever free of cost, | within the said five years have been absent from
in respect of any such expenditure, unless he shall | the Province of Auckland more than twelve ca-
have obtained, previously to his emigrating, from | lendar months in the whole, such Land Order
some one of such Agents of the said Province a | shall be null and void, and all right to land se-
Land Order as herein provided. | lected under the same shall cease and determine.
66. Such Land Orders shall be granted accord- | 75. At the expiration of five years from the
ing to the following scale, namely, for any person | day of arrival stated in such note as aforesaid, the
eighteen years of age and upwards, forty acres; | person entitled to any land selected under any
and for any person upwards of five years and | such Order, shall be entitled to a Crown Grant
under eighteen years of age, twenty acres: Pro- | thereof, on proving to the satisfaction of the
vided always that in any case in which a child | Commissioner, or his Deputy, that the person in
under eighteen years of age shall accompany a | respect of whom such Land Order shall have
parent, the order shall be granted to the parent | been granted is then resident within the said Pro-
and not to the child; and in any case in which a | vince, and has resided therein not less altogether,
servant shall be brought into the Province at the | than forty-eight calendar months out of the said
sole expense of a master, the allowance shall be | five years.
made to the master and not to the servant. |
67. No such Land Order shall be transferable; | VIII.
but in the event of the death, before the expiration | Naval and Military Settlers.
of the five years as hereinafter mentioned, of any | 76. Every Naval and Military Officer, whether
person to whom any Land Order shall have been | on full or half pay, and every Non-commissioned
granted in respect of his own emigration, all his | Officer and Private, Marine and Seaman, whether
right and interest under such order shall vest in | belonging to Her Majesty's Service or to the
his appointee constituted in writing, or, in default | Service of the East India Company, who may re-
of such an appointee, in his legal representative, | tire or obtain his discharge from the service to
who shall be at once entitled to a grant of the | which he may belong, or who having retired or
land in case all the terms and conditions to which | obtained his discharge for the purpose of
such deceased person was subject, have been ful- | settling in the Province of Auckland,
filled up to the time of his death. | has not selected Land under any former Law or
68. In the event of the death, before the expi- | Regulation enabling Naval and Military Settlers
ration of the period of five years as hereinafter | to select land free of cost, shall be entitled (in
mentioned, of any child or servant in respect of | lieu of an allowance in respect of money expended
whom any Land Order shall have been granted | in passages, as hereinbefore provided, in respect
to any parent or master, such parent or master | of Settlers emigrating from the United Kingdom
shall, if all the terms and conditions in respect of | and elsewhere) to receive from the Commissioner
such deceased child or servant shall have been | a Land Order enabling him to acquire Land free
fulfilled up to the time of his death, be entitled | of cost after the following rate:β
at once to a Crown Grant of the land which, in | Commissioned Officer 400 acres
respect of such order, he may have selected or be | Non-commissioned & Warrant Officer 80 acres.
entitled to select. | Private Soldier, Marine, and Seaman 60 acres.
69. Every such order shall be null and void | 77. Provided always that any such Officer,
unless the person in respect of whom the same | Non-commissioned Officer and Private, and any
shall have been granted shall present the same in | Marine and Seaman, before he shall be entitled to
person to the Commissioner, or his Deputy within | receive any such Land Order, shall prove to the
the said Province, within twelve calendar months | satisfaction of the Commissioner by certificate or
from the date of the order being granted. | otherwise, that he retired or obtained his discharge
70. On presentation thereof to the Commis- | for the purpose of settling in the Province of
sioner or his Deputy, such officer, on being sa- | Auckland; and any Non-commissioned Officer or
tisfied that the person presenting the same is the | Private, Marine, or Seaman shall, at the same
person in respect of whom the Land Order was | time, produce to the Commissioner a certificate
granted, shall make a note thereon, stating the | from the Officer under whom he may have served,
fact of such presentation and of the day of the | of having during his period of service been of a
arrival in the Province of the person presenting | good character: Provided also that any such
the same, and shall date and sign such note. | Land Order shall be applied for within twelve
71. Every such Land Order when so signed | calendar months next after such retirement or
shall authorise the person entitled to the same, or | discharge as aforesaid, or shall have been applied
his agent constituted in writing, to select the | for before the ninth day of June, 1858, by those
number of acres mentioned therein out of the | who have retired or been discharged.
Special Settlement Land, if any, specified in such | 78. Every such Land Order shall be granted by
Order, or out of any General Country Land, sub- | the Commissioner, or his Deputy in New Zealand,
ject in all cases to the provisions of these Regu- | and shall be to the same purport, and shall have
lations in reference to the selection of Special | the same effect, and shall entitle the person in
Settlement Land and General Country Land | whose favour the same is granted to the same
respectively. | rights and privileges as a Land Order granted by
72. Provided always that it shall be lawful for | an Agent in England, to a person emigrating
the Commissioner, if he shall think fit, to divide | therefrom after such last-mentioned order shall
any allotment for the purpose of enabling any | have been presented to, and had a note made
person to obtain the exact number of acres to | thereon by the Commissioner, or his Deputy as
which any such Land Order may entitle him: | hereinbefore provided.
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β¨ LLM interpretation of page content
π
Continuation of Regulations Regarding Land Orders for Settlers and Military Personnel
(continued from previous page)
π ImmigrationLand Orders, Emigration, Land Grants, Naval Settlers, Military Settlers, Regulations, Auckland Province
NZ Gazette 1859, No 29