Hawke's Bay Naval and Military Settlers Act 1861
Hawke's Bay Naval and Military Settlers Act 1861
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Hawke’s Bay Naval and Military Settlers Act 1861
Public Act |
1861 No 19 |
|
Date of assent |
6 September 1861 |
|
Contents
An Act for declaring the effect of the “Waste Lands Act 1858”
so far as the same relates to Naval and Military Settlers in the Province of Hawke’s Bay.
Preamble.
Whereas by the “Waste Lands Act 1858 it was amongst other things enacted that every Naval and Military Officer whether on full or half-pay and every Non-commissioned Officer and Private Marine and Seaman whether belonging to Her Majesty’s Service or to the Service of the East India Company who might retire or obtain his discharge from the Service to which he might belong or who having retired or obtained his discharge for the purpose of settling in the Province of New Plymouth or Wellington had not selected land under any former law or regulation enabling Naval and Military Settlers to select land free of cost should be entitled to land free of cost in the said Provinces respectively in like manner and upon the same terms and conditions as Naval and Military Settlers were entitled to land free of cost under the Auckland Waste Lands Act 1858 and the several powers and duties of the Commissioner appointed under the said Act in respect of land to be so granted should be exercised and performed by any Commissioner of Crown Lands in the said several Provinces of New Plymouth and Wellington and it was further enacted that the said Act should not come into operation until Her Majesty’s pleasure should have been taken thereon and the same should have been confirmed by Her Majesty with the advice of the Privy Council and a Proclamation of such confirmation having been given should have been made by the Governor of the Colony And whereas the said Act was on the 19th day of August 1858 reserved for Her Majesty’s confirmation and Her Majesty’s confirmation was duly given to the said Act and a Proclamation of such confirmation having been given was made in the New Zealand Government Gazette on the 15th day of February 1860 And whereas the provisions of the Auckland Waste Lands Act 1858 relating to Naval and Military Settlers and which was passed on the 9th day of June 1858 are set forth in the Schedule to this Act And whereas on the 1st day of November 1858 by an Order of the Governor in Council the Province of Hawke’s Bay was established the same having been theretofore part of and included within the limits of the Province of Wellington and whereas doubts have arisen whether the said Waste Lands Act 1858 so far as the same related to Naval and Military Settlers applies to the said Province of Hawke’s Bay For putting an end to such doubts
Be it therefore enacted by the General Assembly of New Zealand in Parliament assembled and by the authority of the same as follows
I Short Title.
The Short Title of this Act shall be “The Hawke’s Bay Naval and Military Settlers’ Act 1861.”
II “Waste Lands Act 1858”
declared to have included Hawke’s Bay.
The said hereinbefore recited provisions of the “Waste Lands Act 1858”
relating to Naval and Military Settlers shall relate to and include and shall be deemed to have related to and to have included the said Province of Hawke’s Bay.
III Period for applications.
No person shall be disqualified from obtaining a Land Order under the said Act by reason of his not having applied for the same before the 9th day of June 1858 Provided that such person shall have made such application at any time before the passing of this Act or shall make such application at any time within six months after the same shall have come into operation.
IV Retrospective effect.
All Grants of Waste Lands of the Crown heretofore made by or on behalf of Her Majesty, to Naval and Military Settlers within the Province of Hawke’s Bay under Regulations in force or deemed to be in force within the said Province shall be valid and effectual in the law any law to the contrary notwithstanding.
THE SCHEDULE REFERRED TO From the “Auckland Waste Lands Act 1858.”
NAVAL AND MILITARY SETTLERS
Every Naval and Military Officer whether on full or half pay and every Non-commissioned Officer and Private Marine and Seaman whether belonging to Her Majesty’s Service or to the Service of the East India Company who may retire or obtain his discharge from the Service to which he may belong or who having retired or obtained his discharge for the purpose aforesaid has not selected land under any former Law or Regulation enabling Naval and Military Settlers to select land free of cost shall be entitled (in lieu of an allowance in respect of money expended in passages as hereinbefore provided in respect of Settlers emigrating from the United Kingdom and elsewhere) to receive from the Commissioner a Land Order enabling him to acquire land free of cost after the following rate
Commissioned Officers 400 acres
Non-commissioned and Warrant Officers 80 acres
Private soldier Marine and Seaman 60 acres.
Provided always that any such Officer Non-commissioned Officer and Private and any Marine and Seaman before he shall be entitled to receive any such Land Order shall prove to the satisfaction of the Commissioner by certificate or otherwise that he retired or obtained his discharge for the purpose of settling in the Province of Auckland and any Non-commissioned Officer or Private Marine or Seaman shall at the same time produce to the Commissioner a certificate from the Officer under whom he may have served of having during his period of service been of a good character Provided also that any such Land Order shall be applied for within twelve calendar months next after such retirement or discharge as aforesaid or within three months from the passing of this Act by those who have retired or been discharged.
Every such Land Order shall be granted by the Commissioner or his Deputy in New Zealand and shall be to the same purport and shall have the same effect and shall entitle the person in whose favour the same is granted to the same rights and privileges as a Land Order granted by an Agent in England to a person emigrating therefrom after such last-mentioned Order shall have been presented to and had a note made thereon by the Commissioner or his Deputy as hereinbefore provided.
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Versions
Hawke's Bay Naval and Military Settlers Act 1861
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