Mar. 18.] THE NEW ZEALAND GAZETTE. 853

And whereas the Native owners have agreed to make a free gift of the said land to His Majesty the King, and it has been made to appear that such agreement is sufficient for the purposes intended to be effected thereby:

And whereas by an order of the Native Appellate Court, bearing date the twenty-fourth day of June, one thousand nine hundred and two, certain aboriginal natives, as in the said order mentioned, were declared to be the owners of the Kohumaru Number One Block, within which the said land is situated:

And whereas, as required by “The Public Works Act, 1894,” a map has been prepared showing accurately the position and extent of the said land, and such map is hereto attached:

Now, therefore, His Excellency the Governor of the Colony of New Zealand, in exercise and pursuance of the powers and authorities conferred by “The Public Works Act, 1894,” and “The Public Works Acts Amendment Act, 1900,” and acting by and with the advice and consent of the Executive Council of the said colony, doth hereby order and declare that the land shown upon the said map and described in the Schedule hereto is hereby taken for the purposes of the said Native school, and shall vest in His Majesty the King, as from the thirtieth day of April, one thousand nine hundred and four.

———

SCHEDULE.

KENANA NATIVE-SCHOOL SITE.

In the Auckland Land District; as the same is more particularly delineated on the plan as described above, deposited in the Education Department, at Wellington, and thereon bordered pink.

ALEX. WILLIS,
Clerk of the Executive Council.

———

Additional Timber Regulations under “The Land Act, 1892.”

———

RANFURLY, Governor.

IN pursuance and exercise of the powers and authorities conferred upon me by “The Land Act, 1892,” I, Uchter John Mark, Earl of Ranfurly, the Governor of the Colony of New Zealand, do hereby revoke the Warrant of the sixteenth day of August, one thousand nine hundred and three, making additional timber regulations under “The Land Act, 1892,” and in lieu thereof do hereby make the regulations contained in the Schedule hereto; and do declare that these regulations shall be read in conjunction with the general regulations of the twelfth day of March, one thousand nine hundred, and shall apply only to kauri timber growing on Crown lands in the Auckland Land District other than a State forest or forest reserve subject to the provisions of “The New Zealand State Forests Act, 1885.”

These regulations shall come into force on the twenty-first day of March, one thousand nine hundred and four.

———

SCHEDULE.

REGULATIONS.

Kauri Timber for Supply to Existing Mills.

1. ALL kauri timber for the supply of existing mills shall be sold by public tender, after due notification, estimation, and appraisement.

2. Subject to the approval of the Minister of Lands, the area and quantity of timber to be sold shall be thrown open by public notification, and tenders invited for the purchase of the same.

3. Applicants tendering for the purchase of kauri timber shall forward to the Commissioner of Crown Lands, at the Lands and Survey Office, Auckland, a tender on the form hereto annexed, stating the price at which they are prepared to purchase the timber specified in their tenders, at per 100 superficial feet, and giving the following particulars:—

(a.) The quantity of timber, whether standing or in logs, already owned, in possession of, or secured by the tenderer, and whether situated on freehold land, leasehold land, Native land, or Crown land.

(b.) A description of the locality where the timber and logs already owned or secured are situated, and, if in several localities, the names of each shall be stated, together with the quantity of timber thereon, the amount of timber required, and how long it would last, &c. An illustrative sketch-map must accompany the description.

(c.) A description of the lot and quantity of the particular timber tendered for, and also the locality of the mill at which it is proposed that this timber shall be sawn.

(d.) How it is proposed to remove the timber, whether by tramway, or by putting it into the creeks and driving it out, or by hauling, rafting, towing, or in any other manner.

(e.) The terms of payment offered being either wholly in cash, or partly in cash and partly by instalments, as specified in clause 10 hereof.

4. All tenders shall be accompanied by a deposit of 5 per cent. on the amount of the tender, which will be returned in case of non-acceptance of the tender, and in the case of a successful tenderer shall be retained as part payment for the timber.

5. The Commissioner of Crown Lands shall transmit such tenders, together with the Ranger’s report thereon, and his remarks and recommendations, to the Minister of Lands.

6. The highest or any of such tenders shall not necessarily be accepted, and the right is reserved by the Minister of Lands to allot the timber in such manner and on such conditions as, in his opinion, the circumstances of the case warrant: Provided that before accepting a tender he shall satisfy himself that the tenderer is the proprietor of a then-existing mill, and that the timber applied for is to supply such mill.

7. In the event of the acceptance of any tender, a license shall be issued to the tenderer as licensee, and there shall be a maximum time provided for the removal of the timber, with conditions providing against waste in terms of No. 49 of the general regulations under “The Land Act, 1892,” dated the 12th day of March, 1900.

8. The licensee shall make and deliver to the Commissioner of Crown Lands, at a period fixed by such Commissioner in each year, a written statement of the quantity of timber such licensee has in hand on the several classes of land held by him.

9. It shall be unlawful for the licensee to transfer, assign, or in any way dispose of his license, or of the timber, or of his interest therein, to any other person until after the expiration of two years from the date at which the tender was accepted: Provided, however, that where the licensee proposes to sell the timber with his mill, plant, and appliances in their entirety, he may do so with the written approval of the Minister of Lands first obtained, and in such case the license may be transferred accordingly. Such approval may be given or refused in the discretion of the Minister.

10. Payment for timber shall be made by the licensee either wholly in cash on acceptance of tender, or partly in cash and partly by instalments, as follows:—

For half to one million feet, half in cash on acceptance of tender and half in six months thereafter;

For one to three million feet, one-third in cash on acceptance of tender, one-third in eight and one-third in sixteen months thereafter;

For three to six million feet, one-fifth in cash on acceptance of tender, one-fifth in seven, one-fifth in fourteen, one-fifth in twenty-one, and one-fifth in twenty-eight months thereafter;

For six to ten million feet, one-fifth in cash on acceptance of tender, one-fifth in nine, one-fifth in eighteen, one-fifth in twenty-seven, and one-fifth in thirty-six months thereafter.

11. All such instalments shall bear interest at the rate of 5 per cent. per annum as from the date of acceptance of tender, and, with the interest, shall be secured by promissory notes payable on demand, and made and indorsed to the satisfaction of the Commissioner of Crown Lands.

12. Timber not removed within the time provided for its removal shall revert to the Crown, but the Minister of Lands may grant an extension of time for a period not exceeding three years on payment of not less than 5 per cent. per annum on the prairie or net value of the land on which the timber is standing or lying, subject to such conditions as the Minister may impose.

13. The Crown reserves the right either to accept royalty on the estimated quantity of timber as appraised, or on the amount as it comes from the mill, sawn or in flitches; the conditions governing payment of royalty therefor being those specified in No. 38 of the aforesaid general regulations, subject, however, to these regulations.

14. In every case where payment is to be made by instalments the following special provisions shall apply:—

(1.) The property in all uncut timber shall remain in the Crown until all the instalments are paid,