✨ Continuation of Land Regulations




178
THE NEW ZEALAND GAZETTE.

Provided that such right is exercised within
five years of the date of the certificate of
occupation of such land.
(d.) The right of taking a public road may be
exercised by laying down and delineating the
course of such road, and the width thereof,
upon any public map kept in the office of the
Chief Surveyor of the Province of Otago.
(e.) Whenever any public road shall have been
laid down and delineated upon any public map
kept in the office of the Chief Surveyor of the
Province of Otago, within the said period of
five years, and notice of the laying down of
such road shall have been given to the grantee,
his heirs, or assigns, all the right, title, and
interest of the grantee, his heirs, or assigns, in
that portion of the land comprised in the grant
through or over which the said road shall be
so laid down, shall cease and determine in the
same manner, and to the same extent, as if the
portion of the said land comprised in the said
road had been conveyed by the grantee, his
heirs, or assigns, to the Superintendent of
Otago, in trust for a public road for the use of
the inhabitants of the said Province.
4. An applicant with a family of not less than four
children under fifteen years of age shall be entitled to
a free grant of two allotments, but no other applicant
shall be entitled to, or shall receive, a free grant of
more than one such allotment.

Mode of Selection.
Every applicant for any such allotment shall
register his name in a book to be kept at the Martin's
Bay District Land Office, and shall thereupon be en-
titled to receive from the Officer in charge a certificate
of occupation of the lot or lots selected by him.
So soon as the person to whom such certificate
shall have been issued shall prove to the satisfaction
of the Superintendent that he has resided upon his
allotment for the space of two years, out of a period of
three years from the date of such certificate, he shall
be entitled to receive a Crown Grant of such allot-
ment, free of cost: Provided that such grant shall be
applied for within three years of the date of the
certificate of occupation.
If the person to whom any certificate of occupation
for any such allotment, being a married man, shall
die prior to the issue to him of the Crown Grant for
such allotment, his widow shall be entitled to have
the certificate of occupation for such allotment trans-
ferred into her own name, on presentation of such
certificate at the District Land Office, and to receive
a Crown Grant of such allotment to herself, after she
has resided thereon for a period of two years out of a
period of three years from the date of the certificate;
and the period during which her husband shall have
resided upon the said allotment before his death, shall
be computed as residence by his widow.

Town and Suburban Allotments.

  1. A town shall be laid out in the said settlement,
    and suburban allotments shall be laid out contiguous
    thereto.
  2. The town lands shall be divided into quarter-
    acre allotments as nearly as may be.
  3. All town lands shall (except as next hereinafter
    provided) be sold by public auction at an upset price
    of five pounds each.
  4. Each holder of a certificate of occupation for an
    allotment under Class A shall be entitled to select
    one town allotment and to purchase the same at a
    fixed price of two pounds ten shillings, provided that
    the right of selection is exercised within twelve
    months from the date of the issue of the certificate
    of occupation.

Suburban Land.

  1. Suburban allotments of five acres in extent
    shall be laid off contiguous to the said town.
  2. Every such allotment for the time being remain-
    ing unsold shall twice at the least in every year be
    offered for sale by auction, at an upset price of one
    pound per acre, and sold to the highest bidder.
  3. No suburban allotment shall be sold otherwise
    than by auction.

CLASS B.

  1. Class B shall comprise 30,000 acres; and lands
    in this class to the extent of not exceeding 100 acres
    to each person, shall be sold at five shillings an acre
    to the first applicant.
  2. The Government shall have the right to take
    public roads, as specified under Class A.; such right
    to be exercised in the same manner and within the
    same period, and with the same consequences to the
    grantee, his heirs, and assigns, in the event of the
    exercise of such right, and notice to him or them as
    specified in the regulations under said Class A.
  3. If the same piece of land shall be applied for by
    more than one person upon the same day, the land
    so applied for shall be put up to auction at an upset
    price of five shillings an acre, and shall be sold to the
    highest bidder.
  4. Any person who shall have purchased and paid
    for 100 acres of land in Class B, and who shall be
    desirous of purchasing a further quantity, shall be
    permitted to do so at the rate of ten shillings per
    acre.

CLASS C.

  1. Class C shall comprise 60,000 acres, and shall
    be sold, as the Waste Land Board shall determine,
    either at public auction at an upset price of five
    shillings an acre, or to the first applicant at a fixed
    price of ten shillings an acre: Provided always that
    not more than 500 acres shall be sold to any one
    person, and that in the event of there being more
    than one applicant for the same land on the same
    day, then, and in that case, the land so applied for
    shall be put up to auction at an upset price of ten
    shillings an acre, and sold to the highest bidder.
  2. All land sold under this class shall be subject to
    the same conditions with respect to the right to take
    public roads, and the manner and time of exercising
    such right, and the consequences to the grantee, his
    heirs, and assigns, in the event of the exercise thereof,
    and notice to him or them as hereinbefore are pro-
    vided in the regulations respecting Class A.

CLASS D.

  1. Class D shall comprise all Mineral lands, and
    shall be sold or otherwise disposed of in accordance
    with the provisions contained in sections 52 to 63
    inclusive of "The Otago Waste Lands Act, 1866."
    In all cases of the sale or other disposal of land in
    any of the said classes under these Regulations, the
    provisions of "The Otago Waste Lands Act, 1866,"
    shall, subject to these Regulations, and to the pro-
    visions of "The Otago Settlements Act, 1869," be
    applied as far as circumstances will admit of.

WILLIAM FOX,
Presiding.

FORSTER GORING,
Clerk of the Executive Council.

G. F. BOWEN, Governor.
W
HEREAS by an Act of the General Assembly
of New Zealand, intituled "The Gold Fields
Act, 1866," it is enacted that it shall be lawful for
the Governor in Council, under his hand and the
Public Seal of the Colony, from time to time to
delegate to the Superintendent of any Province, or
such other person as the Governor may deem fit, all
or any of the powers vested in the Governor or the



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1870, No 19





✨ LLM interpretation of page content

πŸ—ΊοΈ Continuation of Regulations for Otago Settlements Land Grants (continued from previous page)

πŸ—ΊοΈ Lands, Settlement & Survey
28 March 1870
Land regulations, Otago Settlements, Crown Grant, Public roads, Allotments, Class A, Class B, Class C, Class D
  • William Fox, Presiding
  • Forster Goring, Clerk of the Executive Council
  • G. F. Bowen, Governor

🌾 Preamble regarding delegation of powers under The Gold Fields Act, 1866

🌾 Primary Industries & Resources
Gold Fields Act 1866, Governor, Delegation of powers, Superintendent