334
THE NEW ZEALAND GAZETTE.
[No. 18

3. There shall be a committee of management elected by ballot annually by the association, consisting of a chairman, secretary, treasurer, and seven members, five to form a quorum, whose duties shall be to carry out the objects of the association.

4. The committee from time to time may levy contributions not exceeding 3d. per acre, to cover working-expenses.

5. Sections may be cut up in sizes varying from 50 to 320 acres in extent, according to the requirements of members: Provided that the average area held by each member does not exceed 200 acres.

6. The rent to be paid for each allotment shall be at the same rate as that paid by the association to the Government.

7. The sections shall be allotted by ballot, each settler to take the number on the plan corresponding to that drawn by him, from No. 1 to No. 100.

8. Up to the time of the allotment of sections no settler will be allowed to transfer his interest without the consent of the committee; and in no case will a transfer be allowed for a money consideration.

NAMES OF OFFICE-BEARERS AND COMMITTEE.

Chairman.
Secretary.
Treasurer.
Committee.

Amended Conditions, Village Homesteads.

ONSLow, Governor.
ORDER IN COUNCIL.
At the Government Buildings, at Wellington, this twenty-seventh day of February, 1891.

Present:
THE HONOURABLE THE PREMIER PRESIDING IN COUNCIL.

WHEREAS by the one hundred and sixty-third section of “The Land Act, 1885,” it is enacted that the Governor in Council may from time to time make, alter, and repeal regulations for fixing 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 it is deemed expedient to revoke the Order in Council which was issued on the first day of September, one thousand eight hundred and eighty-six, and to make other regulations for the disposal of land in village homesteads:

Now, therefore, I, William Hillier, Earl of Onslow, the Governor of the Colony of New Zealand, in pursuance and exercise of the power and authority conferred upon me by the hereinbefore in part recited Act, and by and with the advice and consent of the Executive Council of the said colony, do hereby revoke the Order in Council of the first day of September, one thousand eight hundred and eighty-six, and with the like advice and consent I do hereby fix the following terms and conditions as those upon which village homesteads shall be disposed of, and the mode of payment for the same:—

REGULATIONS.

1. THE land to be selected under these regulations shall be held on perpetual lease for the first term of thirty years, and for subsequent terms of twenty-one years, without any right of acquiring the freehold.

2. The rental shall be based on the capital value of the land, which shall in no case be less than £1 an acre.

3. No charge will be made for the lease, which shall be in the form in the Schedule hereto, beyond the sum of 10s. for registering the same in the Land Transfer Department.

4. No lease shall be issued until after the payment of the first half-year’s rent. No transfer of the interest of a settler shall be allowed until the consent of the Commissioner of Crown Lands has been first obtained.

5. Renewals of leases shall be subject in all respects to the provisions of sections 151 to 155 of Part IV. of “The Land Act, 1885.”

6. Married men will have preference as selectors under these regulations.

7. No allotment shall exceed in area 50 acres.

8. An advance of a sum not exceeding £10 will be made to assist a selector in the erection of a house on his selection.

(a.) The erection of a dwelling-house must be completed within six months of the date of selection, and each settler must reside on his section within that time. In bush-lands this may be deferred until one month after the first burn, but no longer.

(b.) In bush-lands each settler must begin bush-felling immediately; but in any case where this is not done the Steward should report the circumstance to the Commissioner of Crown Lands for the district.

(c.) Those settlers who may desire an advance of £10 under this clause will obtain payment from the Steward, on his certificate that a dwelling-house of at least that value has been erected on the land.

9. The annual rent shall be 5 per cent. on the capital value of the land, together with 5 per cent. on such sum as may be advanced in terms of clause 8, payable half-yearly on the 1st day of January or July next ensuing after the lapse of six months from the dates of the selection and advances respectively: Provided that it shall not be necessary for any settler to pay any rent for the first two years from the date on which the rent is due as aforesaid. The unpaid two years’ rent shall be added to the capital value of the land, and thereafter the rent will be payable on such increased capital value, or the settler may pay off the arrears of rent at any time.

10. All applications for land under these regulations shall be made to the Commissioner of Crown Lands for the district. Where more applications than one are made on the same day for the same land, the right to occupy the land applied for shall, subject to clause 6, be determined by lot amongst the applicants.

11. Each settler or transferee will be required to occupy his selection as his home, and to make substantial improvements as required by clauses 12 and 13.

12. Each settler shall within two years cultivate one acre, and within four years the half of the remainder, of his selection.

13. Substantial improvement shall mean—

(a.) Fencing the land with timber or other durable materials, not being a brush fence; or

(b.) Breaking up and laying down the same in English or other cultivated grass; or

(c.) Breaking up and planting or sowing root or other crops therein; and, in case of bush-lands, the felling and clearing of timber and sowing of grass.

14. Settlers shall not subdivide or sublet their holdings; but, with the consent of the Commissioner of Crown Lands for the district, they may transfer them, provided that all the conditions of these regulations have been fulfilled to date of application to transfer, and the two years’ arrears of rent paid in full. No person who has an interest in any land of more than an acre in extent in the colony shall be eligible as a selector under these regulations.

15. No settler shall hold more than one allotment, which shall be held for his sole use and benefit, and not for the use or benefit of any other person whomsoever. No married woman shall be eligible as a selector, except as heir-at-law.

16. Any settler who shall fail to comply with these regulations in any respect shall, upon sufficient proof thereof to the satisfaction of the Commissioner, forfeit his interest in the land selected.

17. In case any doubt shall arise as to the construction of these terms and conditions with reference to the selection and occupation or clearing of any land, or otherwise arising thereunder, the same shall be settled by the Commissioner.

SCHEDULE.
FORM OF LEASE.

THIS deed, made the day of , 18 , between the Commissioner of Crown Lands for the Land District of (who, with his successors and assigns, is hereinafter termed “the lessor”), of the one part, and , in the Provincial District of , in the said colony, , who with executors, administrators, and permitted assigns, (hereinafter referred to as and included in the term “the lessee”), of the other part, witnesseth that, in consideration of the rent hereinafter reserved, and of the covenants, conditions, and agreements herein contained and implied, and on the part of the lessee to be paid, observed, and performed, the lessor doth hereby demise and lease unto the lessee all that piece or parcel of land containing by admeasurement , a little more or less, situate in the District of aforesaid, and being Section , Block , Survey District of ; as the same is more particularly delineated and described in the plan drawn hereon, and therein coloured red in outline; together with the rights, easements, and appurtenances to the same belonging. To hold the said premises intended to be hereby demised unto the lessee for the term of thirty years, commencing as from the 30th day of June, 18 , and renewable on the conditions prescribed by “The Land Act, 1885.” Yielding and paying therefor unto the Receiver of Land Revenue for the said District of the annual rent of £ , payable half-yearly in advance on the 1st day of January and the 1st day of July in each and every year during the said term, free from all deductions whatsoever. The first payment of such rent having been made, the next payment to become due to be made on the day of next.

And it is hereby declared and agreed that these presents are intended to take effect as a lease under the regulations;