868
THE NEW ZEALAND GAZETTE.
[No. 39

or by any person acting under his or their instructions, and
delivered at or posted to the last known address of the
Council, its successors or assigns. No compensation or
allowance shall be payable in such case.

12. The Council shall be liable for any injury which may be
    caused at the said wharves or either of them to any vessel or
    boat through any default or neglect on the part of the
    Council.

13. In case the Council shall—
    (1.) Commit or suffer a breach of the conditions herein-
    before set forth, or any of them; or
    (2.) Cease to use or occupy the said wharf for a period
    of thirty consecutive days,—
    then and in either of the said cases every right, power, or
    privilege hereby conferred may be revoked and determined
    by the Governor in Council without notice to the Council or
    other proceeding whatsoever, and publication in the New
    Zealand Gazette of an Order in Council containing such
    revocation shall be sufficient notice to the Council, and to all
    persons concerned or interested, of the facts stated in such
    Order in Council.

ALEX. WILLIS,
Clerk of the Executive Council.

Regulations for the Ross Special Settlement Association.

GLASGOW, Governor.
ORDER IN COUNCIL.
At the Government House, at Wellington, this twenty-
eighth day of May, 1895.

Present:
His Excellency the Governor in Council.

WHEREAS by the one hundred and sixty-third section
of "The Land Act, 1892," it is enacted that the
Governor in Council may from time to time make, alter,
and repeal regulations fixing the terms and conditions upon
which the lands in any special settlement shall be disposed
of by lease in perpetuity:
Now, therefore, His Excellency the Governor of the
Colony of New Zealand, in pursuance and exercise of the
power and authority conferred upon him by the herein-
before in part recited Act, and by and with the advice and
consent of the Executive Council of the said colony, doth
hereby make the following regulations fixing the terms and
conditions upon which the lands known as the Ross Special
Settlement Association Block, described in the Schedule to
the said regulations, shall be disposed of, that is to say:—

REGULATIONS.

1. In the construction of these regulations, unless the con-
   text shall otherwise require, the following expressions shall
   have the meanings hereby assigned to them:—
   "Association" means the Ross Special Settlement As-
   sociation, being a body of persons, not less than
   nine in number, voluntarily associated together at
   Ross, in the Provincial District of Westland, for
   the purpose of taking up the land as a special settle-
   ment of farm homesteads:
   "Land" means the land described in the Schedule,
   set apart for a special settlement, to be dealt with
   under these regulations:
   "Settler" means any member of the association or other
   person, not being a married woman, leasing land
   under these regulations:
   "Receiver of Land Revenue" means Receiver of Land
   Revenue at New Plymouth, or other officer for the
   time being acting as such:
   "Minister" means the Minister of Lands for the time
   being, or any member of the Executive acting for
   him:
   "Commissioner" means the Commissioner of Crown
   Lands for the Land District of Taranaki:
   "Secretary" means the secretary of the association
   for the time being, and shall include any person
   acting in that capacity, and, if there shall be no
   secretary, then the chairman of the association:
   "Substantial improvements of a permanent character"
   mean and include reclamation from swamps, clear-
   ing of bush, gorse, broom, sweetbriar, or scrub,
   cultivation, planting with trees or live hedges, the
   laying-out and cultivation of gardens, fencing,
   draining, making roads, sinking wells or water-
   tanks, constructing water-races, in any way im-
   proving the character or fertility of the soil, or
   the erection of any building:
   "Cultivation" means—
   (1.) Fencing the land with timber or other dur-
   able materials, not being a brush fence; or
   (2.) Breaking up and laying down the same in
   English or other cultivated grass; or
   (3.) Breaking up and planting or sowing root or
   other crops therein:
   "Lease" means a lease in perpetuity in terms of
   Part III. of "The Land Act, 1892."
2. The block of land to be dealt with under these regula-
   tions has been surveyed into sections of not more than 320
   acres each, and the number of persons to be located thereon
   shall not be less than nine.
3. The allotments of sections to members of the associa-
   tion shall be made at such time and in such manner as the
   association may, with the consent of the Commissioner,
   determine.
4. The land shall be disposed of by lease at an annual
   rental of 4 per cent. on the capital value fixed by the Minister.
5. One-third of the rents paid from time to time shall,
   for the first fifteen years, be paid to the local body of the
   district charged with the construction and maintenance of
   roads in the district, for the expenditure on roads in or
   leading to the block. Such expenditure to be first sanctioned
   by the Land Board for the Land District of Taranaki.
6. All rents and moneys required to be paid for the land
   under these terms and conditions shall be paid to the Re-
   ceiver of Land Revenue, and receipts given by him shall be
   sufficient discharge for the payment of the moneys therein
   respectively acknowledged to have been received.
7. The settlers shall be members of the association, and
   no settler shall be under seventeen years of age.
8. The secretary shall inform the Commissioner of the
   names of the settlers; pay a deposit of 1s. 3d. per acre, being
   half survey fee, the balance to be paid within six months
   before ballot takes place; and also furnish the Commissioner
   from time to time with minutes of proceedings of the asso-
   ciation if so required.
9. The original or amended list of members, signed by the
   secretary of the association, and sent to the Commissioner,
   shall be prima facie evidence that the persons claiming to
   select land are members of the association.
10. Each settler shall put on the land comprised in his
    lease substantial improvements as follows:—
    (a.) Within one year from the date of his lease, to a
    value equal to ten per centum of the price of the
    land;
    (b.) Within two years from the date of his lease, to a
    value equal to another ten per centum of the
    price of the land;
    (c.) And thereafter, but within six years from the date
    of his lease, to a value equal to another ten per
    centum of the price of the land;
    And in addition thereto shall, within six years from the
    date of his lease, put substantial improvements of a per-
    manent character to an amount equal to the net price of
    every acre of such land.
11. Residence and occupation of the land shall be in ac-
    cordance with Part III. of "The Land Act, 1892."
12. No person who is the owner in fee or leasehold of any
    land in New Zealand which, together with the land included
    in his application or transfer under these regulations, would
    exceed 320 acres, and no person who has made an arrange-
    ment or agreement to permit any one, save his son or
    daughter, to acquire by purchase or otherwise the allotment
    in respect of which his application is made, shall be entitled
    to become a settler under these regulations.
13. Any settler who shall fail to comply with these regula-
    tions in any respect shall, upon sufficient proof thereof to
    the satisfaction of the Land Board of the district, forfeit
    his interest in the land selected, and the land shall there-
    after be dealt with as ordinary Crown land; and these con-
    ditions shall be sufficient authority for such forfeiture.
14. The association may make such rules and regulations
    from time to time as it may deem necessary, subject to the
    approval of the Commissioner.
15. In case any doubt shall arise as to the sufficiency of
    the compliance with these regulations, with reference to the
    selection, occupation, or improvement of any land, or other-
    wise arising thereunder respectively, the same shall be settled
    by the Land Board.
16. Excepting as expressly modified by these regulations,
    the provisions of "The Land Act, 1892," and its amend-
    ments shall be deemed to have full force and effect over and
    upon the land herein referred to, and shall, mutatis mutandis,
    be read as if these regulations formed part of the Act.

Schedule.

All that area in the Taranaki Land District, containing by
admeasurement 1,900 acres, situated in Sections 12, 13, 14,
15, Block III., and Sections 1, 3, 4, 6, 7, 8, 9, Block IV.,
Ngatimaru Survey District.

ALEX. WILLIS,
Clerk of the Executive Council.

Terms and Conditions of Lease of Village-homestead
Allotments in Southland.

GLASGOW, Governor.
ORDER IN COUNCIL.
At the Government House, at Wellington, this twenty-third
day of May, 1895.

Present:
His Excellency the Governor in Council.

WHEREAS by the one hundred and sixty-ninth section
of "The Land Act, 1892," it is enacted that the
Governor in Council may fix the terms and conditions upon