76

THE NEW ZEALAND GAZETTE.

[No. 10]

Terms and Conditions of Special Settlement in the
Te Puke Block by Mr. George Vesey Stewart.

HERCULES ROBINSON, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this
twenty-seventh day of January, 1880.

Present:
HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

W
HEREAS by "The Land Act 1877 Amendment
Act, 1879," it is enacted that the Governor in
Council may fix the terms and conditions upon which
the lands in any special settlement shall be disposed
of, and the mode of payment for the same : And
whereas the Governor has, by Proclamation in the New
Zealand Gazette, bearing date the twenty-seventh day
of January, set apart eighteen thousand seven hundred
and fifty-two acres of a block of rural land in the
North Island of New Zealand, known as the "Te
Puke Block," as a special settlement under and for
the purposes of the said Act as therein mentioned:

Now, therefore, His Excellency the Governor, in
pursuance and exercise of the power and authority
conferred upon him by the hereinbeforo in part
recited Act, and by and with the advice and consent
of the Executive Council of the said. colony, doth
hereby fix the following terms and conditions as
those upon which the said special settlement shall be
disposed of, and the mode of payment for the same,
that is to say,-

If not inconsistent with the context, the following
words and expressions shall have the meanings here-
by assigned to them, that is to say,-

"Governor" means the Governor of the Colony
for the time being.

"Agent-General" means the Agent-General of
the Colony for the time being in London, and in-
cludes any officer appointed to do any act required
under these conditions to be done by the Agent-
General.

"Selector" means George Vesey Stewart, of
Tauranga, landowner, and includes his assignee or
legal representatives respectively.

"Settler" means any person over eighteen years of
age, not being a resident of the Australian Colonies,
who shall purchase land from the Selector and emi-
grate to New Zealand.

1. On or before the 15th day of April next, the
   Selector shall choose out of the said block at least
   fifteen thousand acres of land (such selection to be
   subject to the approval of the Governor), and shall
   cause a plan of the exterior boundaries to be de-
   posited with the Chief Surveyor at Auckland.

2. The price to be paid for the fifteen thousand
   acres shall be nineteen thousand seven hundred
   pounds, being a competent valuation at the rate of
   twenty-six shillings and threepence per acre. No
   less an area than fifteen thousand acres (exclusive
   of roads) shall be selected, and should a greater
   area be included, then for each acre in excess there
   shall be paid one pound sterling.

3. The Selector shall, at his own expense, cause the
   said land to be properly surveyed and laid off in
   sections of convenient size for occupation by the
   settlers within one month after their arrival. The
   cost of the minor triangulation shall be borne by the
   Government of the colony.

4. Main and occupation roads shall be laid out
   through the lands so surveyed. Road areas shall
   remain vested in her Majesty the Queen, and be
   deemed to be public highways.

5. All surveys shall be conducted in accordance
   with instructions to be given from time to time by
   the Surveyor-General of the Colony, and subject to
   his approval in every respect.

6. Within three months after the deposit of plan
   of exterior boundaries as aforesaid, and not in any
   case later than the fifteenth day of July next, the
   Selector shall pay to the Agent-General, in London,
   the sum of three thousand pounds sterling; and
   before the first day of January, one thousand eight
   hundred and eighty-two, sixteen thousand seven
   hundred pounds, or other balance of purchase-money,
   in instalments as hereinafter provided.

7. The special settlement to which these conditions
   apply shall be formed as follows:-

(a.) The Selector shall, as herein provided, intro-
duce from the United Kingdom or elsewhere (save
from the Australian Colonies) at least two hundred
(200) adult emigrants.

(b.) The Selector shall issue land orders in the
form set forth in the Schedule, or to the effect thereof,
to each settler purchasing land from him under these
conditions. Every such order shall be issued in
duplicate, one of which shall be left with the Agent-
General, who shall countersign each such order as
hereinafter provided.

(c.) The Selector and settler shall be jointly re-
sponsible for the due and proper performance of the
conditions necessary to be fulfilled before issue of
Crown grant.

(d.) The Agent-General shall countersign each
land order on receiving payment from the Selector
of the amount fixed under these conditions to be
paid per acre on the area represented by such order,
and every such order shall be duly signed and com-
pleted by the Selector and settler before such order
is countersigned.

(e.) On the balance of said purchase-money being
received by the Agent-General, as above provided,
the Selector may issue land orders as against the
three thousand pounds deposit until the same is
wholly absorbed.

(f.) But should the Selector fail to complete the
embarkation for the Colony of New Zealand of not
less than two hundred adult emigrants as agreed, on
or before the first day of January, one thousand eight
hundred and eighty-two, the deposit of three thousand
pounds, or so much of it as may remain unallotted,
shall be forfeited to Her Majesty the Queen, and
shall be held and retained by the Agent-General,
subject to such directions as he may receive from the
Governor.

(g.) All moneys received by the Agent-General
under this agreement shall be deemed to be and shall
be dealt with as revenue derived from the sale of
Crown lands in the district.

(h.) For the purposes of the foregoing conditions
an "adult emigrant" means a person of either sex
being not less than twelve years of age, but two persons
under twelve shall be reckoned as one adult. Infants
under twelve months shall not be reckoned.

8. In the event of deaths occurring amongst the
   settlers on the voyage, or other unforeseen casualty
   happening, the Governor may, at his discretion, ex-
   tend the period within which such settlers may be
   placed on the land for such a period, to be fixed by
   him, as will enable the Selector to carry out these
   conditions.

9. As soon after arrival as possible, the settlers
   shall be placed on the land selected, in such blocks
   or allotments as they may have agreed on with the
   Selector; but no one person shall be entitled to
   occupy more than one block of five hundred acres,
   and no family shall be entitled to occupy more than
   one thousand acres in the whole: but at least fifteen
   families of settlers must be settled on the land set
   apart for the purposes of this agreement.