✨ Land Regulations and Immigration
and subject also to the approval of the Superintendent, on the recommendation of the Public Lands Board.
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If any person holding under such lease as aforesaid shall not within six months enter into bona fide occupation of the land thereby leased, or if he shall not pay the yearly rent of sixpence per acre at the end of the second and every subsequent year, or if he shall cease to bona fide occupy, or if he shall omit for one month after notice to make the return in writing required as aforesaid, the Public Lands Board shall forthwith, by a notification published in the Provincial Government Gazette, declare that the right and interest of such lessee in such land has become forfeited; and the Superintendent may let or sell or otherwise dispose of it under this Act in the same manner as if the land had never been let to such lessee.
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If any question shall at any time arise as to whether a forfeiture has been incurred or sufficient improvements made, as required by these Regulations, it shall be lawful for the lessee, within one month after such question shall have arisen, to prefer an appeal, in writing, to the Superintendent; which appeal shall be referred, at the expense of the party requiring the same, to two arbitrators and an umpire, to be appointed in the usual way, whose decision shall be final and conclusive.
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If any lessee or any other person shall, after the time for appealing to the Superintendent against the decision of the Public Lands Board shall have elapsed, continue in possession of land which shall have become forfeited under the provisions of these Regulations, he shall be deemed to be in the unlawful occupation of Waste Lands of the Crown, and shall forfeit and pay for every day during which he shall so continue in possession, the sum of forty shillings, to be recovered before any Justice of the Peace in a summary way.
LAND FOR SPECIAL SETTLEMENT.
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It shall be lawful for the Superintendent from time to time, to declare by Proclamation that a certain block of land therein described shall be set apart and reserved for certain Immigrants expected to arrive from the United Kingdom, or elsewhere other than the Australian Colonies.
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Such land so set apart and reserved shall be sold exclusively to such Immigrants upon the terms and conditions in these or any former Regulations for the disposal of Waste Lands in force within the Province of Wellington prescribed respectively in reference to Town and Suburban land and Rural lands as the Superintendent may from time to time think fit.
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It shall be lawful for the Superintendent at any time to revoke any such Proclamation, and the land therein comprised shall be thereafter open to be classified and dealt with as though the same had not been set apart and reserved as aforesaid; Provided always that the validity of any act which shall have been done under such Proclamation before the revocation thereof shall not be affected by such revocation.
IMMIGRATION.
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As it is expedient that persons emigrating at their own cost from the United Kingdom and elsewhere, other than the Australian Colonies, should be permitted to acquire land free of cost in proper proportion to the time of their emigration, it shall be lawful for the Superintendent, from time to time, to appoint Emigration Agents in the United Kingdom, or elsewhere, with authority to grant land orders to persons intending to emigrate, and settle in the Province of Wellington; and any such Agent at any time to remove; Provided always that no person shall be entitled to demand any such land order as a right, or be entitled to receive any land whatever free of cost in respect of any such expenditure, unless he shall have obtained, previously to his emigrating, from some one of such agents of the said Province a land order as herein provided.
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Such land orders shall be granted according to the following scale, namely, for any person eighteen years of age and upwards, forty acres; and for any person upwards of five years and under eighteen years of age, twenty acres; Provided always that in any case in which a child under eighteen years of age shall accompany a parent, the order shall be granted to the parent and not to the child; and in a case in which a servant shall be brought into the Province at the sole expense of a master, the allowance shall be made to the master and not to the servant.
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No such land order shall be transferable; but in the event of the death, before the expiration of the five years as hereinafter mentioned, of any person to whom any land order shall have been granted in respect of his own emigration, all his right and interest under such order shall vest in his appointee constituted in writing, or in default of such an appointee, in his legal representative, who shall be at once entitled to a grant of the land in case all the terms and conditions to which such deceased person was subject have been fulfilled up to the time of his death.
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In the event of the death, before the expiration of the period of five years as hereinafter mentioned, of any child or servant in respect of whom any land order shall have been granted to any parent or master, such parent or master shall, if all the terms and conditions in respect of such deceased child or servant shall have been fulfilled up to the time of his death, be entitled at once to a Crown Grant of the land which, in respect of such order he may have selected or be entitled to select.
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Every such order shall be null and void unless the person in respect of whom the same shall have been granted shall present the same in person to the Chief Land Commissioner of the said Province, within twelve calendar months from the date of the order being granted.
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On presentation thereof to the Chief Land Commissioner, he on being satisfied that the person presenting the same is the person in respect of whom the land order was granted, shall make a note thereon, stating the fact of such presentation, and of the day of the arrival in the Province of the person presenting the same, and shall date and sign such note.
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Every such land order when so signed shall authorise the person entitled to the same, or his agent constituted in writing, to select the number of acres mentioned therein out of the Special Settlement Land, if any, specified in such order, or out of any Rural Land, subject in all cases to the provisions of these and all other Regulations for the disposal of Waste Lands in force within the Province of Wellington in reference to the selection of Special Settlement Land and Rural Land respectively.
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Provided always that it shall be lawful for the Public Land Board for the District within which the land so selected is situate, if it thinks fit, to divide any allotment for the purpose of enabling any person to obtain the exact number of acres to which any such land order may entitle him; Provided also that the land selected by any one person shall either be one allotment or contiguous allotments.
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Every such land order, when so signed as aforesaid, shall be in force for five years from the day of the arrival stated in such note, and if no selection be made within that time, such land order shall be null and void.
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When any person in respect of whom any such land order shall have been granted, shall within the said five years have been absent from the Province of Wellington more than twelve calendar months in the whole, such land order shall be null and void.
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Additional Land Regulations for Wellington Province
(continued from previous page)
🗺️ Lands, Settlement & SurveyLand Regulations, Public Lands Board, Land Office, Wellington Province
Wellington Provincial Gazette 1858, No 15