1024
THE NEW ZEALAND GAZETTE.
[No. 35

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

RANFURLY, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this twenty-eighth day of April, 1902.

Present:

THE HONOURABLE SIR J. G. WARD PRESIDING 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 twenty-first day of February, one thousand nine hundred and two, and published in the New Zealand Gazette on the twenty-seventh day of February, one thousand nine hundred and two, the lands described in the First Schedule hereto have been set apart under the said Act and declared open for lease as a village settlement, and it is expedient to fix the terms and conditions upon which the said lands 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 lands 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.

FIRST SCHEDULE.

AUCKLAND LAND DISTRICT.—KAWHIA COUNTY.—OTANAKE SURVEY DISTRICT.—TE KUITI VILLAGE SETTLEMENT.

First-class Land.

Undulating to flat land; good soil, covered with fern, tea-tree, and some grass. Situated one mile by road from Te Kuiti Railway-station on the Main Trunk Railway-line.

SECOND SCHEDULE.

1. THE sections enumerated above are first-class lands, to be open for selection on lease in perpetuity, under the provisions of “The Land Act, 1892” (hereinafter referred to as “the said Act”), as village-homestead allotments.

2. The day on which the lands shall be open for selection shall be Tuesday, the 8th day of July, 1902.

3. The rentals stated above shall be the prices at which the lands shall be open for selection.

4. Applications for leases 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, Auckland; and leases 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 of the said Act.

6. Each applicant shall pay the first half-year’s rent, together with the lease and registration fee, immediately the application has been approved or declared successful at the ballot.

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

8. Improvements and residence on the land comprised in each 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 lessees 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 lessees 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 lands 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.

Rules relating to Appeals from the High Court of the Cook Islands.

RANFURLY, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this twenty-eighth day of April, 1902.

Present:

THE HONOURABLE SIR J. G. WARD PRESIDING IN COUNCIL.

IN exercise and pursuance of the powers and authorities conferred by section four of “The Cook and other Islands Government Act, 1901,” His Excellency the Governor of the Colony of New Zealand, acting by and with the advice and consent of the Executive Council thereof, and with the concurrence of His Honour the Chief Justice of the Supreme Court of the said colony, and His Honour Mr. Justice Cooper, a Judge of the said Court, doth hereby make the following rules with respect to appeals from the decisions of the High Court of the Cook Islands, and doth declare that such rules shall take effect on and after the first day of May, one thousand nine hundred and two:—

RULES.

1. Any person who may be desirous of appealing from any decision of the High Court of the Cook Islands, whether the decision be a dismissal of the case or otherwise, and whether the ground of appeal be matter of law or matter of fact, or both, may appeal from the same to the Supreme Court of New Zealand.

2. Notice of appeal shall be served upon all parties directly affected by the appeal, and it shall not be necessary to serve parties not so affected, but the Supreme Court may direct notice of the appeal to be served on all or any parties to the action or other proceeding, or upon any person not a party, and in the meantime may postpone or adjourn the hearing of the appeal upon such terms as may seem just, and may give such judgment and make such order as might have been given or made if the persons served with such notice had been originally parties.

3. Notice of appeal from any judgment of the High Court shall be a fourteen days’ notice.

4. Such appeal shall be in the form of a case stated and agreed on by both parties or their solicitors, and if they