An Act to modify the terms of an Order in Council made under “The Wellington Special Settlements Act, 1871,” and to make other provision for giving effect thereto.

Preamble.

WHEREAS by an Order in Council, made pursuant to “The Wellington Special Settlements Act, 1871,” bearing date the fifth day of September, one thousand eight hundred and seventy-four, and published in the New Zealand Gazette of the tenth day of September, one thousand eight hundred and seventy-four, certain terms set forth in the Second Schedule thereto were sanctioned as the terms under which the proposed special settlement therein mentioned should be made under the said Act: And whereas under the terms of the said Order in Council, and within the time limited, the Association therein named has paid to the Receiver of Land Revenue the price prescribed for the land described in the said Order in Council and comprised within the First, Second, and Third Schedules to this Act, and has performed all the conditions therein imposed, save as relates to the settlement of seventy families of persons on seven thousand acres of the said land which has been selected by the Commissioner of Crown Lands, within the time and in the manner provided by the said Order in Council, and which said seven thousand acres are comprised in the Second and Third Schedules hereto: And whereas the Association has been unable to obtain complete possession of the land so purchased, and has thereby been disabled from fulfilling the condition requiring the settlement of such seventy families: And whereas it is expedient that the terms of the said Order in Council should be modified, and that other provision should be made to give effect thereto, as herein provided:

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 be “The Douglas Special Settlement Act, 1876.”

2 Interpretation of term “Association.”

In the construction of this Act, the expression “the Association” means and includes John Douglas, of Mount Boyal, in the Province of Otago, sheep-farmer, and Robert Campbell, of Otekaike, in the said Province of Otago, sheep-farmer, and the persons associated or to be associated with them for the purposes of this Act.

3 Association to set apart 7,000 acres of land for settlement.

The Association shall, within six months from the passing of this Act, cause seven thousand acres of land suitable for the settlement of and occupation by settlers, as hereinafter mentioned, to be selected and set apart in one or more blocks, as follows:—

Pour thousand two hundred acres to be selected out of the lands described in the First and Second Schedules hereto, and the residue to include all the lands described in the Third Schedule.

Such lands are hereinafter referred to as the “selection blocks,” and the selections to be made out of the lands described in the First and Second Schedules shall be subject to the approval of the Secretary for Crown Lands, or whom he may appoint.

Power to Governor to grant certain lands to Association.

It shall be lawful for the Governor, on behalf of Her Majesty, as soon as conveniently may be after such selection has been made, to make and execute a grant to the Association of all such part of the lands described in the said Schedules not selected and set apart as aforesaid.

4 Terms upon which settlement may be made on selection blocks.

The Association shall, before the first day of March, one thousand eight hundred and seventy-nine, place at least seventy families of persons upon the selection blocks.

The terms and conditions upon which such persons shall be entitled to settle on such selection blocks shall be,—

(1.)

That the head of each family (hereinafter called “the selector”) shall have the right at any time within the period of five years from the date of the settlement of such family, to acquire by purchase not less than fifty acres nor more than one hundred and fifty acres of land in the said selection blocks, at a minimum price of forty shillings per acre, to be paid to the Association by equal annual instalments during the four years next following the selection of his land by the selector.

(2.)

Provided that the selector may at any time within the said four years pay up the balance unpaid of the said price.

(3.)

That, upon full payment of his purchase money, each selector shall be entitled to have a grant from the Crown of the land so selected by him.

(4.)

Until full payment of his purchase money, the selector shall not be entitled to a grant from the Crown; but on satisfying the Secretary for Crown Lands for the time being that he has paid to the Association, or has tendered payment of all moneys agreed to be paid to the Association, for the land purchased, it shall be lawful for the Governor to cause a Crown grant of the land selected to be issued to the selector.

(5.)

The Association shall at all times, and until the settlement of the said families has been completed in accordance with this Act, maintain an office or place of business on some part of the lands selected, or adjacent thereto; and if not personally resident thereon, the Association shall appoint an agent for the purpose of receiving payments of such purchase moneys from time to time.

(6.)

Payments of purchase money, or a tender thereof, to any one of the Association wherever made, and payments made to any such agent as aforesaid, or a tender thereof, at any such office or place of business as aforesaid, shall be deemed valid and lawful payments of purchase money for the purposes of this Act.

(7.)

The Secretary for Crown Lands for the time being shall be the sole judge as to whether the settlement of the said families has been completed according to the provisions of this Act, and whether the terms of the foregoing conditions have been complied with by the Association and selectors respectively.

5 Association to forfeit all right to selection blocks on failure to perform conditions.

In the event of the said Association failing to complete the settlement of seventy families within the time and in the manner herein specified, the Association shall forfeit and cease to be entitled to any right estate claim or interest in the land comprised in the selection blocks. Upon such forfeiture taking effect, and for the purpose of completing the title of any selector to land purchased from the Association, all benefit and advantage of any agreement for such purchase shall vest in Her Majesty the Queen, and Her Majesty shall be deemed to stand in the place of the Association, and be entitled to payment of any balance of purchase money that may be payable; and such moneys, when paid, shall be deemed to be revenue derived from the sale of waste lands.

So much of the selection blocks as shall not have been selected as aforesaid shall thereafter be and become waste lands of the Crown, and shall be liable to be sold and disposed of in accordance with the Waste Lands Act or Regulations applicable to lands of a like class open for sale or disposal.

6 Selection blocks, how to be laid out and surveyed.

The selection blocks shall be surveyed and laid out by the Association in sections of not less than fifty acres within eighteen months from the passing of this Act.

Road lines shall be reserved through the selection blocks in such directions as shall be approved by the Secretary for Crown Lands.

7 Lands granted under this Act to be subject to power to take roads through same.

All lands granted under the provisions of this Act shall be granted subject to the usual powers as to taking roads through such lands, and all usual and accustomed fees payable upon or in respect of the issue of Crown grants shall be paid by each grantee upon every grant issued under this Act.

8 To whom grants to be made.

Every grant made to the Association shall be made to the said John Douglas and Robert Campbell, their heirs and assigns, as joint tenants, or jointly with such other person or persons as they may, in writing addressed to the Secretary for Crown Lands, appoint or require.

9 Order in Council dated 5th September, 1874, superseded by this Act.

This Act shall be deemed to supersede the hereinbefore in part recited Order in Council, but except as modified by this Act, all things heretofore done and completed under the said Order in Council shall be valid and effectual for the purposes of this Act.

SCHEDULES

FIRST SCHEDULE

All that block of land in the Township of Carnarvon, in the Manawatu District, estimated to contain 14,400 acres, more or less. Bounded towards the North by the Settlement Selection Block line, by a Public Road adjoining Section No. 121, by Sections Nos. 338, 339,340, and 365, and by the Oroua River; towards the East by the original Settlement Selection Block line, by Sections Nos. 338, 339, and 340, and by the Oroua River; towards the South by Native Reserves, by Sections Nos. 337, 338, and 365, by a Public Road adjoining Section No. 77, and by a Public Road adjoining Sections Nos.317 and 318; and towards the West by Sections Nos. 77, 78, 112, 113, 120, 121, 318, 320, 337, 340, and 365, by a Native Reserve, by a Public Road adjoining Sections Nos 142, 147, 148, and 366, and by the boundary line of land comprised in the Third Schedule.

SECOND SCHEDULE

All that block of land in the Township of Carnarvon, in the Manawatu District, estimated to contain 4,500 acres, more or less. Bounded towards the North by Sections Nos. 292, 304, 342, 343, 344, 345, and 297, and by the Awahuri Native Reserve; towards the East by Sections Nos. 297, 341, 342, 343, 344, 345, and 347, and by the Oroua River;towards the South by Sections Nos. 297, 340, 341, 342, 343, and 344, and by the boundary line of land comprised in the First Schedule; and towards the West by the boundary line of the original Selection Block, by the production of the same northerly to the southern boundary of Section No. 295, and by Section No. 304.

THIRD SCHEDULE

All that block of land in the Township of Carnarvon, in the Manawatu District, estimated to contain 2,800 acres, more or less, being part of the original Selection Block, and bounded towards the North by Sections Nos. 231, 232, 238, 244, 245, 257, 258,259, 260, 295, and 296; towards the East by land comprised in the First Schedule, and by land comprised in the Second Schedule; towards the South by land comprised in the First Schedule and by a Native Reserve; and towards the West by Sections Nos. 33, 34, 36, 37, 38, 41, 42, 45, 70, and 71.

Douglas Special Settlement Act 1876