Immigrants Land Act 1873
Immigrants Land Act 1873
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Immigrants Land Act 1873
Immigrants Land Act 1873
Public Act |
1873 No 53 |
|
Date of assent |
2 October 1873 |
|
Contents
An Act to provide for giving Free Grants of Land to certain Immigrants.
Preamble.
WHEREAS it is expedient that persons immigrating to New Zealand at their own cost from the United Kingdom and elsewhere, other than the Australasian Colonies, should be permitted to acquire land free of cost in proportion to their expenditure on immigration:
Be it therfore 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 be “The Immigrants Land Act, 1873.”
2 Immigrant paying own passage to New Zealand, entitled to land of value of £20 for himself, and if with family, like portion of land for each adult member. Family, what may consist of land for each adult member.
Every person of the age of eighteen years and not exceeding sixty years, arriving in New Zealand after the passing of this Act from the United Kingdom or elsewhere than any of the Australasian Colonies including Tasmania, who shall have paid the cost of his passage to New Zealand, and who desires to settle upon and cultivate land therein, shall, subject to the provisions hereafter contained, be entitled to a free grant of a piece of land to the value of twenty pounds.
And if any such person be the head of a family, the value of the piece of land to which such person shall be entitled shall be proportionate to the number of the members of such family the cost of whose passage shall have been paid by him, that is to say:—
In respect of his or her own passage, land to the value of twenty pounds; and in respect of the passage of each member of such family of the age of fourteen years or upwards, land to the value of twenty pounds; and for each member of such family of less age than fourteen years, land to the value of ten pounds.
Family, what may consist of.
Members of a family, for the purposes of this Act, shall include wife, child, grandchild, nephew and niece of the head of the family: Provided that no person shall be entitled to such free grant of land unless be shall, before leaving the place of departure for New Zealand, have obtained from the Agent-General of New Zealand, or any person appointed by him for the purpose, a certificate in writing that he and those members of his family in respect of whom be claims to be entitled as aforesaid are suitable immigrants.
3 Immigrant must make claim.
Every person claiming to be entitled to land under this Act must, within sixty days after his first arrival in New Zealand, apply personally to the Immigration Officer under “The Immigration and Public Works Act, 1870,”
at the port or place where be arrives, or, if there be no such Immigration Officer at that port or place, then to such Immigration Officer whose office shall be nearest to such port or place, and furnish to such officer a statement of his claim to be so entitled, showing when and by what ship and at what port or place be (or be and his family, as the case may be) arrived, and from what port or place be or they emigrated, and the name and age of himself, or of himself and each member of his family, as the case may be; and he shall then, or within sixty days thereafter, furnish such proof of the truth of the statement as shall be required by the Immigration Officer.
4 Claimant to be registered.
On the Immigration Officer being satisfied of the truth of such statement, the name of such person shall be registered by the Immigration Officer in a register to be kept for the purpose, together with the amount in value to which he shall be entitled to select land under this Act in respect of his own passage or his own passage and that of his family, and every such person so registered shall be deemed a registered immigrant.
5 At any time within five years, registered immigrant may apply for land to be purchased for him, if he has resided continuously in New Zealand.
At any time within five years after the arrival of a registered immigrant in New Zealand, such immigrant may apply to the Minister to purchase for him land to the amount in value to which he is entitled according to such register, if such immigrant shall have resided continuously in New Zealand from the date of such arrival until the time of applying to the Minister, but not otherwise.
In the case of a head of a family making such application, such amount in value according to such register shall be proportionately reduced on account of each member of the family who shall not have resided continuously from the date of arrival until the application.
6 At time of making application, land to be purchased must be specified, and evidence adduced of continuous residence.
Such registered immigrant must, at the time of making application to the Minister, notify the land which he desires to have purchased for him: be must also adduce evidence to the satisfaction of the Minister, that he, or be and the several members of his family on account of whom be claims to be entitled, have resided continuously in New Zealand from the date of arrival till the date of application.
7 What land may be notified.
The land which may be so notified must be waste lands of the Crown open for sale by the Crown, or land taken under the New Zealand Settlements Acts and open for sale by the Crown, or any other land open for sale by the Crown.
8 Land to be purchased by Minister in his name of office.
The land notified shall be purchased by the Minister in his name of office: Provided that if by reason of the land notified being put up to auction and fetching a higher price than the value to which the registered immigrant is entitled to, or if for any other reason the Minister is unable to purchase the land notified, the registered immigrant may give a new notification of other land, and so on from time to time.
To vest in Minister.
All land so purchased shall vest in the Minister of Land and Immigration for the time being, and upon every change in office shall vest in the person last appointed to be such Minister, as if he had purchased the same.
9 Land must be in one block.
The land to be selected must in every case, whether in the case of a single immigrant or the head of a family in respect of such family, be in one block.
10 On purchase, immigrant entitled to occupy for two years.
The registered immigrant, on the purchase being completed, shall be entitled to occupy the same for two years after the date of purchase.
11 After two years entitled to a free grant, on satisfying Minister that land has been occupied by immigrant or family for two years, and that one-fifth is cultivated.
At any time after the expiration of two years from the date of purchase, the registered immigrant shall be entitled to a free grant from the Crown of the land purchased by the Minister on his account, on his satisfying the Minister that the land has been occupied continuously by himself or others of his family for the period of two years succeeding the date of purchase, and that, at the expiration of such period of two years, at least one-fifth of the land has been laid down with artificial grass, or ploughed and sown with root or cereal crops, or planted as a vineyard or orchard or with forest trees, or that at least one-fifth has been cultivated partly in one and partly in another or others of such manners as aforesaid.
12 If land unoccupied and uncultivated after two years, right of occupation to cease. Provision in case of death of immigrant.
If at any time during the period of two years ensuing one month after the date of purchase the land has been unoccupied, or if at the expiration of such period one-fifth of the said land is not under cultivation as aforesaid, the right of occupation of such registered immigrant shall cease and determine; and his right to such land, and all buildings thereon, shall be forfeited to Her Majesty: Provided, however, that in case of the death of the registered immigrant during the said period of two years, any devise of such land made by him to any of the members of the family who emigrated with him shall be valid and take effect as if such immigrant had received a Crown grant thereof before his death.
13 Sale of forfeited lands.
When any land has been forfeited to Her Majesty under this Act, the Minister shall sell the same and the improvements thereon by public auction for cash, at such time and place as he shall appoint; and the purchaser of any such forfeited land shall be entitled to receive a grant thereof from the Crown, which shall be issued to him accordingly on payment Of the purchase money thereof.
14 Interest of purchase not assignable except under provisions of Act.
The interest of a registered immigrant in land under this Act, who has not received a Crown grant thereof, shall not be assignable at law or in equity, nor be capable of being devised, except under the provisions of this Act, and shall not be capable of being charged encumbered extended or taken in execution in any manner whatever.
15 Regulations may be made for purchase of land for persons introducing immigrants at their own cost.
The Governor in Council may from time to time, and subject to the conditions hereinafter provided, make regulations providing for the purchase of land for any person or persons, or association of persons, introducing at his or their own cost immigrants into New Zealand not being within the meaning of this Act members of the families of the person or persons introducing them, and for the free grant of such land to such person or persons, or association, or to the immigrants introduced, or partly to the immigrants introduced and partly to the person or persons or association introducing them.
Cost not to exceed for each immigrant cost of land authorized in ease of heads of families.
The amount to be expended in the purchase of land to be granted free under such regulations shall not exceed in respect of each immigrant such amount as under this Act may be expended in the purchase of land for the head of a family in respect of the members of his family.
Such regulations shall prescribe conditions similar to those provided by this Act in the case of heads and members of families, so far as applicable.
Such regulations shall provide that no Crown grant shall be made of the land, or any title thereto arise, unless and until the provisions of such regulations as to cultivation and occupancy shall have been complied with.
16 Lands to be purchased out of moneys applicable to immigration.
Out of any moneys for the time being appropriated by the General Assembly to immigration, there may from time to time be issued and applied in the purchase of land under this Act, or the regulations made hereunder, such sum or sums as shall from time to time be authorized by the Governor in Council.
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Versions
Immigrants Land Act 1873
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