Carrington Land Grant Act 1871
Carrington Land Grant Act 1871
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Carrington Land Grant Act 1871
Carrington Land Grant Act 1871
Public Act |
1871 No 65 |
|
Date of assent |
14 November 1871 |
|
Contents
An Act to authorize a Grant of Land Scrip to Frederic Alonzo Carrington of New Plymouth in the Province of Taranaki.
Preamble.
WHEREAS Frederic Alonzo Carrington of New Plymouth in the Province of Taranaki and Colony of New Zealand was entitled to two hundred acres of land more or less on the west bank of the River Waitara And whereas it was found expedient by the Government to lay out a town and suburban allotments on the said land and the land adjoining for the purpose of extinguishing other land claims in that vicinity And whereas the said land has been valued by two indifferent persons one on the part of the Government and one on the part of the said Frederic Alonzo Carrington in order that the claim of the said Frederic Alonzo Carrington might be settled And whereas the money value of the said land is as nearly as can be arrived at one thousand four hundred and sixty-nine pounds sterling And whereas the Government have proposed to give to the said Frederic Alonzo Carrington one thousand five hundred pounds in scrip as a settlement in full of all his claims to the said land and the said Frederic Alonzo Carrington has consented to accept the same:
Be it therefore enacted by the General Assembly of New Zealand in Parliament assembled and by the authority of the same as follows:—
1 Short Title.
The Short Title of this Act shall he “The Carrington Land Grant Act 1871.”
2 Governor empowered to issue land order to Frederic Alonzo Carrington for purchase of Crown lands to the amount of £1,500 in certain districts in the Province of Taranaki.
It shall be lawful for the Governor to issue to the said Frederic Alonzo Carrington a land order in the form in the Schedule hereto which shall authorize the said Frederic Alonzo Carrington to purchase to the amount of one thousand five hundred pounds any of the lands of the Crown in the Province of Taranaki open for sale or selection without payment in cash at auction or by selection without auction or otherwise but subject in every respect to the laws and regulations for the time being in force regulating the sale and disposal of such lands and the price at which such lands shall be sold except only so far as such laws and regulations require payment for such lands to be made in money or cash Provided however that the right to make any such purchase shall be exercised within twelve months from the passing of this Act and not afterwards and the acceptance of such land order by the said Frederic Alonzo Carrington shall be deemed a final settlement of every claim whatever of the said Frederic Alonzo Carrington in respect of the matters in the preamble of this Act referred to or in any way relating thereto.
3 Mode of exercising land order.
It shall be lawful for the said Frederic Alonzo Carrington to exercise such right wholly at one time or from time to time (before the expiration of the period aforesaid) and to purchase under such land order land in one parcel or in more parcels than one and whenever the said land order shall be exercised by the purchase or selection of any such land as aforesaid the said Frederic Alonzo Carrington shall at the time when under the law in force regulating the sale of such lands he would be bound to pay any deposit or purchase money if such purchase had been made under such law alone and not under this Act produce such land order to the person to whom such deposit or purchase money would be payable and such person shall thereupon note by indorsement on such land order the sum of money which would be payable by the said Frederic Alonzo Carrington as such deposit or purchase money as aforesaid and shall also give to the said Frederic Alonzo Carrington a receipt or certificate in the like form and to the like effect as the said Frederic Alonzo Carrington would be entitled to receive if he had paid in cash the sum so indorsed and such receipt or certificate shall have the same force and effect as if the said Frederic Alonzo Carrington had paid such sum so indorsed as aforesaid.
4 Provision in case of death of Frederic Alonzo Carrington.
In the event of the death of the said Frederic Alonzo Carrington before the expiration of the period aforesaid and before such land order shall be issued or before the expiration of the period aforesaid and before such land order shall be fully exercised such order may be issued to or exercised as to the whole or the residue as the case may be by any person appointed in writing for the purpose by the said Frederic Alonzo Carrington and in case of the issue of the said land order to any person so appointed the form thereof may be altered to meet the circumstances of the case Provided that the said order shall not in any case be exercised after the expiration of the period of twelve months aforesaid.
5 Right to make railway &c to be reserved.
In the grant or grants of any land selected or purchased by the said Frederic Alonzo Carrington there shall be reserved to Her Majesty the Queen such part thereof as may be thought fit (not exceeding at the rate of ten acres for every one hundred acres of any parcel of land so selected or purchased as aforesaid) for the construction through in or upon any part of the same land of any railway road or other work of public utility which may be constructed by or on behalf of Her said Majesty or by the authority of the General Assembly And the said Frederic Alonzo Carrington shall not be entitled to any compensation for or in respect of the construction of any such railway road or other work of public utility through in or upon any lands so reserved as aforesaid.
6 Interpretation.
The expression “lands of the Crown”
when used in this Act shall include not only lands of the Crown subject to disposal under the laws and regulations for the time being in force in the Province of Taranaki regulating the sale of Waste Lands of the Crown within the said Province but also lands taken under “The New Zealand Settlements Act 1863”
and the Acts amending the same within the said Province when such lands shall be thrown open for sale or selection.
Schedule Governor
In exercise of the powers in me vested by “The Carrington Land Grant Act 1871”
I hereby authorize Frederic Alonzo Carrington of New Plymouth in the Province of Taranaki to purchase to the amount of one thousand five hundred pounds any of the lands of the Crown in the Province of Taranaki open for sale or selection without payment in cash therefor subject however to the provisions in the said Act contained.
Dated the day of 187 .
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Versions
Carrington Land Grant Act 1871
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