✨ Land Settlement Conditions
1166
THE NEW ZEALAND GAZETTE.
of the Board that he is entitled thereto, and has
fulfilled the terms and conditions of any contract he
may have entered into with the Contractor respect-
ing any land purchased by him. A certificate in the
form specified in the Second Schedule hereto, signed
by the Contractor, shall be sufficient evidence of such
fulfilment.
14. Before any Crown grant is issued under these
conditions, the usual and accustomed fees payable in
respect of Crown grants shall be paid.
15. On the death of a settler before he has become
entitled to a grant of his land, his executor or admin-
istrator shall, within six calendar months after his de-
cease, or the Board may at any time thereafter, dispose
of the estate and interest of such settler in any land
purchased by him from the Contractor to some person
who shall be approved of by the Board, and the pur-
chaser shall be deemed to stand in the position of
the settler whose interest he purchases, and be bound
by and be subject to the same terms and conditions
as such deceased settler was bound by and subject to.
16. If a sale under this condition is made by the
Contractor, the net proceeds thereof, after paying all
expenses, shall be paid to the executor or adminis-
trator of the deceased settler, as part of his personal
estate.
17. Should any settler be compelled to leave the
district previous to his becoming fully entitled to
his Crown grant, he may transfer his right, title, and
interest in such land to any person approved of by
the Board. The purchaser shall stand in the same
position as the settler from whom he purchased,
and be subject to the same terms and conditions as
such settler was bound by and subject to.
18. The estate and interest of any settler shall not,
before he becomes fully entitled to a grant, be
transferable, except as aforesaid, or liable to be taken
in execution, or become vested on his bankruptcy or
insolvency in the trustees of his estate, except with
the consent of the Board and the Contractor.
19. No settler shall hold or be entitled to a grant
for more than 200 acres in the whole, whether
acquired by purchase from the Contractor or under
the provisions of the last preceding sections. The
Contractor shall not hold or purchase from a settler,
or his executors or administrators, or the Board, the
estate or interest of the settler in the land held by
such settler under these conditions, nor hold or be
entitled to a grant for more than 400 acres in the
whole.
20. If the Contractor or any settler shall be found
to have committed a wilful breach of any of these
conditions, the Board may, upon sufficient proof
thereof, of which the Board shall be the sole judge,
forfeit his interest in the land so held or acquired;
and the Board may dispose of such interest by public
auction to any person who shall agree to settle on
the land. Any person so purchasing shall be deemed
to stand in the position of the settler whose interest
he purchases. The proceeds of any sale, after paying
all expenses, shall be expended by the Board in
constructing and maintaining any roads on the land,
or in such other improvements as the Board thinks
best.
21. Within two years from the date hereinbefore
fixed for payment of the first instalment of the
purchase-money, the Contractor shall expend in
making a road or roads through the land the sum of
£2,000; such money shall be expended in such
manner as the Board approves of.
22. The Governor may, if the Board shall consider it
inexpedient to require the whole of the said sum of
£2,000 to be expended within the said period of two
years, require the Contractor, instead of so expending
it, to deposit with the Board, at the expiration of
the term of two years, so much of the said sum as
shall be unexpended; and the moneys so deposited
shall be expended by the Board in the construction
of roads through the land at such times and in such
manner as the Board thinks expedient.
23. The Contractor shall forthwith on the delivery
of such large-scale tracing as aforesaid give to the
Board sufficient security (the nature and suffi-
ciency whereof the Board shall be the sole judge)
for the expenditure of the said sum of £2,000 or any
part thereof.
24. All the moneys required to be paid for the
land under these terms and conditions shall be paid
to the Receiver of Land Revenue, and receipts given
by him shall be a sufficient discharge for the payment
of the moneys therein respectively acknowledged to
have been received.
25. If the Contractor, or in the event of his de-
cease his legal representatives, fails to carry out and
perform any of these conditions, or of any contract he
enters into with the Governor, all moneys paid under
such contract shall be forfeited to Her Majesty,
and the Governor may by notice to the Contrac-
tor, either delivered personally or left at the Con-
tractor's known or last-known place of abode, in
the Provincial District of Taranaki, determine this
contract; and upon the delivery of such notice all
the estate and interest of the Contractor under any
contract made by him with the Governor shall cease
and determine, and all improvements on the said land
shall become the property of Her Majesty: Pro-
vided that the Governor may, in accordance with the
conditions of this agreement, carry out and perform
the terms and conditions of any contract made by
the Contractor with a settler, and may, if he think
fit, waive or dispense with the performance by a
settler of any of such terms and conditions.
26. All disputes between the Governor and the
Contractor, or between the Governor and any settler,
concerning these conditions, or the terms and con-
ditions of any contract between the Governor and
the contractor or as to the construction of these con-
ditions, or the terms and conditions of any such
contract, or concerning any matter or thing required
or not required to be done by these conditions or
by any such contract, shall be submitted to two
arbitrators, one to be named by each party. The arbi-
trators, or in case of difference between them, the
umpire, shall award as to the matters in difference,
and shall determine how and by whom the expenses
of the reference shall be paid; and such award shall
be final, and bind the parties hereto.
27. The Governor may, if he think fit, waive or
dispense with the performance by the Contractor or
by any settler of any matter or thing required by
these conditions, or by any contract between the
Governor and the Contractor to be done by such
contractor or settler, or may extend the time within
which such matter or thing may be done.
FIRST SCHEDULE.
ALL that parcel of land in the Provincial District of
Taranaki, containing by admeasurement five thousand
(5,000) acres, more or less. Bounded towards the
North by the Manganui River, waste land, and part
of the Ahuroa Block; towards the East by the
Ahuroa Stream; towards the South by other part of
the Ahuroa Block, waste land, and the Piakau River;
and towards the West by the Waitara and Wanganui
Railway line.
SECOND SCHEDULE.
I, THE UNDERSIGNED, do hereby consent to a Crown
grant being issued to
for all that piece of
land [Here describe land].
Dated
, 18
The Waste Lands Board,
Land District of Taranaki,
Contractor.
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✨ LLM interpretation of page content
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Order in Council Sanctioning Terms for Special Settlement Land in Taranaki
(continued from previous page)
🗺️ Lands, Settlement & Survey10 December 1877
Special Settlement, Taranaki, Land Conditions, Clauses, Schedules, Land Description, Crown Grants
NZ Gazette 1877, No 99