[GAZETTE NOTICE]

By Proclamation in the Gazette of the said Province, set apart at Martin’s Bay and Preservation Inlet, respectively, eligible sites for settlements for Colonization, not exceeding in extent however in each case one hundred thousand acres of land, and that within each of the Settlements so constituted, the lands set apart for the same respectively shall be held and disposed of under the provisions of the said Act and not otherwise, and that the Superintendent of the said Province may cause a town and suburban and rural allotments, respectively, to be laid out in each of the said Settlements. Such town, suburban, and rural lands shall be granted without payment of any purchase-money therefor, or shall be sold or disposed of for such prices, in such manner, upon such terms and conditions as in the said Act contained: Provided that it shall be lawful for the Superintendent of the said Province, with the advice of the Executive Council, to make such further Regulations in accordance with the said Act as may be requisite for carrying into execution the provisions thereof: And provided further that no such Regulations shall have any force or effect until the same shall have been approved by the Governor in Council:

And whereas the Provincial Council of Otago did, on the ninth day of December last, resolve that an Address be presented to His Honor the Superintendent, recommending that one hundred thousand acres of land at Preservation Inlet, and one hundred thousand acres at Martin’s Bay, be set apart for purposes of settlement and colonization in terms of “The Otago Settlements Act 1869”:

And whereas the Superintendent of Otago did, on the fifth day of January last, by two several Proclamations respectively published in the Otago Provincial Gazette on the said fifth day of January, in exercise and pursuance of the powers vested in him by the said Act, set apart the lands therein respectively mentioned as sites for settlements for Colonization: And whereas on the eleventh day of February last the said Superintendent did, in exercise and pursuance of the power and authority conferred on him by the said Act, and with the advice and consent of the Executive Council of the said Province of Otago, make the Regulations set forth in the Schedule hereto: And whereas it is expedient that the approval of the Governor in Council should be given to the said Regulations:

Now, therefore, His Excellency the Governor doth, in exercise and pursuance of the power and authority conferred on him by the said Act, and with the advice and consent of the Executive Council of New Zealand, hereby approve of the said Regulations.

SCHEDULE.

The land set apart at Martin’s Bay, by resolution of the Provincial Council, will be divided into 4 classes, A B C and D, respectively.

Class A.

1. Class A will comprise a block of 10,000 acres, which shall be divided into 4 sections, each section containing 50 allotments of 50 acres each.

2. Free grants shall be made, subject to the provisions of the “Otago Settlement Act 1869,” and of these Regulations, of the allotments in each of the said sections.

3. The conditions of every such free grant shall be—

   (a.) That the applicant therefor shall not be under 15 years of age.

   (b.) That he shall have actually resided upon the land for which he shall apply, for a period of at least two years out of a period of three years, during which he shall have lawfully occupied the said land.

   (c.) That it shall be a condition of every such free grant that such public roads as may be deemed necessary may be taken through the land comprised therein, free of all compensation, costs, charges, and expenses whatever.

Provided that such right is exercised within five years of the date of the certificate of occupation of such land.

(d.) The right of taking a public road may be exercised by laying down and delineating the course of such road, and the width thereof, upon any public map kept in the office of the Chief Surveyor of the Province of Otago.

(e.) Whenever any public road shall have been laid down and delineated upon any public map kept in the office of the Chief Surveyor of the Province of Otago, within the said period of five years, and notice of the laying down of such road shall have been given to the grantee, his heirs, or assigns, all the right, title, and interest of the grantee, his heirs or assigns, in that portion of the land comprised in the grant through or over which the said road shall be so laid down, shall cease and determine in the same manner, and to the same extent, as if the portion of the said land comprised in the said road had been conveyed by the grantee, his heirs or assigns, to the Superintendent of Otago, in trust for a public road for the use of the inhabitants of the said Province.

4. An applicant with a family of not less than 4 children under 15 years of age shall be entitled to a free grant of two allotments, but no other applicant shall be entitled to, or shall receive, a free grant for more than one such allotment.

Mode of Selection.

Every applicant for any such allotment shall register his name in a book to be kept at the Martin’s Bay District Land Office, and shall thereupon be entitled to receive from the Officer in charge a certificate of occupation of the lot or lots selected by him.

So soon as the person to whom such certificate shall have been issued, shall prove to the satisfaction of the Superintendent that he has resided upon his allotment for the space of two years, out of a period of three years from the date of such certificate, he shall be entitled to receive a Crown Grant of such allotment, free of cost: Provided that such Grant shall be applied for within three years of the date of the certificate of occupation.

If the person to whom any certificate of occupation for any such allotment, being a married man, shall die prior to the issue to him of the Crown Grant for such allotment, his widow shall be entitled to have the certificate of occupation for such allotment, transferred into her own name, on presentation of such certificate at the District Land Office, and to receive a Crown Grant of such allotment to herself, after she has resided thereon for a period of two years out of a period of three years from the date of the certificate; and the period during which her husband shall have resided upon the said allotment before his death, shall be computed as residence by his widow.

Town and Suburban Allotments.

1. A town shall be laid out in the said settlement, and suburban allotments shall be laid out contiguous thereto.

2. The Town Lands shall be divided into quarter-acre allotments as nearly as may be.

3. All Town Lands shall (except as next hereinafter provided) be sold by public auction at an upset price of five pounds each.

4. Each holder of a certificate of occupation for an allotment under Class A shall be entitled to select one town allotment and to purchase the same at a fixed price of two pounds ten shillings, provided that the right of selection is exercised within twelve months from the date of the issue of the certificate of occupation.