758
THE NEW ZEALAND GAZETTE.
[No. 33

Terms and Conditions of Lease of a Village-homestead Allotment in Otago.

RANFURLY, Governor.
By his Deputy,
JAMES PRENDERGAST.

ORDER IN COUNCIL.

At the Government House, at Wellington, this twenty-sixth day of April, 1898.

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 which the lands in any village settlement shall be disposed of, subject as in the said section is provided: And whereas by a Proclamation made under the said Act on the seventh day of April, one thousand eight hundred and ninety-eight, and published in the New Zealand Gazette on the fourteenth day of April, one thousand eight hundred and ninety-eight, the land described in the First Schedule hereto has been set apart under the said Act and declared open for lease as a village-homestead allotment, and it is expedient to fix the terms and conditions upon which the said land shall be disposed of:

Now, therefore, His Excellency the Governor of the Colony of New Zealand, in pursuance and exercise of the powers and authorities conferred by the said Act, and by and with the advice and consent of the Executive Council of the said colony, doth hereby fix the terms and conditions on which the land mentioned in the First Schedule hereto shall be disposed of by way of lease in perpetuity, and which said terms and conditions are set forth in the Second Schedule hereto, and also doth direct that the land shall be leased as a village-homestead allotment only.

FIRST SCHEDULE.

OTAGO LAND DISTRICT.—CLARENDON SURVEY DISTRICT.

Village-homestead Allotment.—First-class Land.

Bush land of fair quality, well watered; situated three miles from Taieri Mouth and seven miles from Waihola. Weighted with the sum of £135 2s. 6d. as valuation for improvements, which must be paid with application or immediately the result of the ballot is declared.

SECOND SCHEDULE.

1. The land enumerated above is first-class land, and is a village-homestead allotment, open for selection on lease in perpetuity under the provisions of “The Land Act, 1892” (hereinafter referred to as “the said Act”).

2. The day on which the land shall be open for selection shall be Wednesday, the 29th day of June, 1898.

3. The rental stated above shall be the price at which the land shall be open for selection.

4. Applications for a lease shall be made in manner as provided in Part I. of the said Act, and all such applications shall be made to the Commissioner of Crown Lands, Dunedin; and a lease will be issued in accordance with the provisions of Part I. aforesaid.

5. Each applicant shall state his or her residence, occupation, and condition in life (namely, whether married or single), and will be required to make the declaration prescribed in Schedule C to the said Act.

6. Each applicant shall also undertake to pay the first half-year’s rent, the valuation for improvements, together with the lease and registration fee, immediately upon being declared the successful applicant.

7. The rent must be paid half-yearly, in advance, on the 1st days of January and July in each year, as provided in section 157 of the said Act; and the first half-year’s rent is payable as before provided.

8. Improvements and residence on the land comprised in the lease shall be as provided in Part III. of the said Act. The provisions of section 144, and all other provisions of the said Act with respect to substantial improvements, shall apply accordingly to a lessee under these regulations. The provisions of section 141, and all other provisions of the said Act in respect of compulsory residence, shall apply accordingly to a lessee under these regulations.

9. No lessee shall subdivide, sublet, or transfer the land held by him under these regulations, except under and subject to the provisions of Part I. of the said Act.

10. No lessee shall hold more than one allotment, and such allotment shall be held for his or her 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; but this provision shall not apply to any married woman who may become a transferee under a will or by virtue of an intestacy.

11. All the provisions of the said Act, so far as applicable, shall extend and apply to the land affected by these regulations, and to the applications and leases to be made and issued thereunder, and generally to the interests created, and the persons whose rights, liabilities, or interests are thereby affected; and the mention of any particular provision of the said Act shall not be deemed to exclude any other provision of the said Act applicable to the particular case.

ALEX. WILLIS,
Clerk of the Executive Council.

Fixing Dues for Ohiwa Wharf.

RANFURLY, Governor.
By his Deputy,
JAMES PRENDERGAST.

ORDER IN COUNCIL.

At the Government House, at Wellington, this second day of May, 1898.

Present:

His Excellency the Governor in Council.

WHEREAS it is provided by the seventeenth section of “The Harbours Act, 1878,” that the Governor in Council may prescribe what dues and rates shall be taken by the body or person by whom wharves shall be constructed for the use thereof:

And whereas the Northern Steamship Company (Limited) (hereinafter called “the company”) was, by Order in Council dated the eleventh day of June, one thousand eight hundred and ninety-five, authorised to construct a wharf in Ohiwa Harbour, as shown on plan marked M.D. 1994:

And whereas it is desirable to prescribe dues and rates which shall be taken by the company for the use of the said wharf:

Now, therefore, His Excellency the Governor of the Colony of New Zealand, acting by and with the advice and consent of the Executive Council of the said colony, and in pursuance and exercise of the power and authority conferred upon him by “The Harbours Act, 1878,” and of all other powers and authorities enabling him in that behalf, doth hereby prescribe that the dues and rates set forth in the Schedule hereto shall, on and after the date of this Order in Council, be taken by the company for the use of the said wharf.

SCHEDULE.

SHIPPING WHARFAGE.

Every person who shall use this wharf with any vessel shall pay for the use thereof as follows, that is to say:—

For every vessel a sum of 1d. per ton on the gross tonnage of such vessel per day for each day or part of a day a vessel shall occupy a berth alongside any vessel laying at the said wharf, or shall lay at the said wharf undergoing repairs or fitting out only, or shall lay off the said wharf with a line attached thereto.

GOODS WHARFAGE.

Every person who shall use this wharf for landing or shipping any goods shall, before using the same, pay dues as follows, that is to say:—

1. For all goods landed on this wharf, a rate of 2s. 6d. per ton weight or measurement, at the option of the company.

2. For every head of cattle or horses landed upon or shipped from the said wharf, 2s. 6d. per head.

3. For every yearling or calf so landed upon or shipped from the said wharf, the sum of 1s. per head.

4. For every head of sheep or small cattle so landed upon or shipped from the said wharf, the sum of 6d. per head.

5. If any ship shall use this wharf for the discharge of any goods or cargo after the usual working-hours or on wharf holidays, such ship shall pay to the company for the use of the said wharf a charge at the rate of 1s. per ton on all goods or cargo so discharged from such ship.

This charge will only be made when, in the opinion of the wharfinger, it is necessary to employ labour to stack or remove cargo in sheds in consequence of the discharge of such goods or cargo as aforesaid.

ALEX. WILLIS,
Clerk of the Executive Council.