Land Settlement Terms Continuation




THE NEW ZEALAND GAZETTE. 627

towards the North by Block II., Woodville Survey
District; towards the North-east by the Victoria
Settlement; towards the South-east by a public
road forming the north-western boundaries of
Woodville Rural Sections Nos. 195, 196, 197, 198,
and 199; towards the South-west by a public road
forming the north-eastern boundaries of Sections
Nos. 2, 35, 34, 33, 32, and 30, Woodville Small Farm
Association Block; again towards the South-east by
a public road forming the north-western boundaries
of Sections Nos. 30 and 26; thence by Sections Nos.
25 and 24, all of the said block; and towards the
West by Block IV., Woodville Survey District.

SECOND SCHEDULE.

  1. In the construction of these terms and con-
    ditions, unless the context shall otherwise require,
    the following expressions shall have the meanings
    hereby assigned to them:--
    "Association" shall mean the Bushmills Small
    Farm Association.
    "Land" shall mean the block of land described
    in the First Schedule hereto.
    "Purchaser" shall mean any member of the
    Association or other person occupying or
    entitled to occupy land under these condi-
    tions.
    "Receiver of Land Revenue" shall mean the
    Receiver of Land Revenue at Napier, or
    other officer for the time being acting as
    such.
    "Board" shall mean the Land Board for the
    Land District of Hawke's Bay for the time
    being.
    "Secretary" shall mean the Secretary of the
    Association for the time being, and shall in-
    clude any person acting in that capacity, and
    if there shall be no Secretary, then the Chair-
    man of the Association.
  2. 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 sufficient discharges for the payment
    of the moneys therein respectively acknowledged to
    have been received.
  3. The price of the land shall be £1 per acre, to
    be paid to the Receiver of Land Revenue in
    quarterly instalments, by or on behalf of each
    purchaser as follows:--
  4. Upon proof to the satisfaction of the Board
    that he has been continuously in occupation of the
    land selected by him, and has paid the price required
    by these conditions, the purchaser shall be entitled to
    a Crown grant of the land selected by him.
  5. All usual and accustomed fees for the time
    being payable for the issue of the Crown grant shall
    be paid by the purchaser.
  6. The purchasers shall be members of the Asso-
    ciation; they shall not be under twenty-one years of
    age, and shall not hold less than thirty shares in
    the Association, and shall undertake to occupy and
    pay for the land in conformity with these condi-
    tions.
  7. A certificate signed by the Secretary of the
    Association shall be sufficient evidence that the
    person claiming to select land is a member thereof.
  8. Every purchaser shall occupy and clear his
    selection, and " occupation" shall mean the enclosing
    of at least 10 per cent. of the land taken by each
    purchaser, and clearing the same, and the erection of
    a house the value of which shall not be less than
    £10, before the end of the second year from the date
    of selection; and, further, that at least 20 per cent
    of the land taken up by each purchaser shall be
    enclosed with a good and substantial fence, cleared,
    and put into crop or laid down in grass before the
    end of the fourth year. "Clearing" shall mean that
    all trees less than 6 inches in diameter at 3 feet from
    the ground shall be felled; and every purchaser or
    his family shall also actually reside on the land
    selected during the whole of the third, fifth, and
    seventh years of the term, unless previous permission,
    in writing, to be absent for a period to be specified
    has been given by the Board on the recommendation
    of the Chairman or Committee of Management.
  9. The settlement shall be divided into allotments
    not exceeding 150 acres each, according to the
    requirements of the purchasers; but no purchaser or
    any person on his behalf shall be entitled to select
    or occupy more than 150 acres or less than 30 acres.
  10. The lands shall be surveyed by and at the
    expense of the Government of the colony, and road
    lines shall be reserved and laid out in such directions
    as may be suitable.
  11. Such portions of the land as may be required
    for the purposes of the Government of the colony,
    or for educational or other public purposes, and as
    shall be approved by the Governor, shall not be open
    for selection under these regulations.
  12. Selections shall be made at such time and in
    such manner as the Association may, with the con-
    sent of the Board, require: Provided that neither
    the Government of the colony nor the Land Board
    shall be responsible for any delay occurring in the
    allotment or selection of any land, nor be bound to
    provide land for members of the Association in ex-
    cess of the area of the land set aside and available
    for selection in accordance with these regulations.
  13. In the event of the death of a purchaser
    before having received a grant of his land, his in-
    terest in the allotment will revert to his legal repre-
    sentatives, who may dispose of it to a bonâ fide
    settler approved by the Board; and the purchaser
    shall be deemed to stand in the position of the
    original occupant.
  14. Should any purchaser be compelled to leave
    the district previous to his being entitled to his
    Crown grant, and before completing the requisite
    term of occupation, it shall be competent for the
    Board to permit such purchaser to transfer his
    rights, title, and interest in the land selected to
    another bonâ fide settler, who shall be deemed
    to occupy the position of original occupant: Pro-
    vided always that no purchaser shall be allowed to
    hold more than 150 acres under special settlement
    conditions.
  15. Any purchaser who shall fail to comply with
    these regulations, or who may be found to have
    taken shares for another person, or for speculative
    purposes, and not with the view to bonâ fide settle-
    ment, shall, upon sufficient proof thereof to the
    satisfaction of the Board, forfeit his interest in the
    land selected, and the Board shall dispose of his
    interest by public auction to a bonâ fide settler; and
    these conditions shall be sufficient authority for such
    forfeiture and reallotment. Any settler so pur-
    chasing shall be deemed to stand in the position of
    the original purchaser.
  16. In case any doubt shall arise as to the con-
    struction of these terms and conditions, with refer-
    ence to the selection and occupation or clearing of
    any land or otherwise arising thereunder, the same
    shall be settled by the Board.

FORSTER GORING,
Clerk of the Executive Council.



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1878, No 44





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🗺️ Continuation of Terms and Conditions for Bushmills Small Farm Association Settlement (continued from previous page)

🗺️ Lands, Settlement & Survey
11 May 1878
Special Settlement, Bushmills Association, Land conditions, Occupation requirements, Forfeiture, Hawke's Bay, Woodville Survey District
  • Forster Goring, Clerk of the Executive Council