ORIGINAL CORRESPONDENCE.

New Zealand Herald and Auckland Gazette, Volume I, Issue 54, 23 February 1842, Page 2

ORIGINAL CORRESPONDENCE.

As we consider the following letter of great importance, at the present moment, we have much pleasure in giving it insertion. Mr. Montefiore has taken a business-like and sensible view of the subject, and has ably and fully exposed the absurdity of expecting that people are so foo.isa as to take such Conveyances for their lands. To the Editor of the New Zealand Herald and Auckland Gazette. Sia, As the Public are not generally aware of the description of conveyance which it is. the intention of the "Powers that be" to give them far the enormous sums that they paid in April last for the purchase of Town Allotments; I have much pleasure in sending you one for insertion, in order that every person may have time for consideration jber fore he accepts such a deed—no one tliat had not practised in a Penal Settlement would have thought of drawing out such a conveyance—the deed itself is right enough in the beginning, until you come to the words : "And in farther consideration of the Quit Rent hereinafter received" and "subject to the Conditions, Reservations,.and Provisons hereinafter mentioned," which must be expanged together with the remainder, beginning " Yielding and Paying" down to "as aforesaid." — The first clause demanding "Qarr Rent'' upsets the whole •dea of our having purchased the fee simple— but the fee simple the public to all intents and purposes did buy—and that, and that only, are they entitled to— the condition of constructing drains is properly the business of the Corpora tion or of a Building Act, and has no right to be dragged ii to existence in a Town Purchase, unless such was stated the time of sale.—l may however as well mention that t e only Conditions read to the Public at the first Town Sale were, that they were to pay 10 per cent, cash deposit on the spot, and the remainder at one month—which conditions have been complied with on the part of the Public, and the Government are of course bound to complete their part of j he contract in an equal liberal manner to them—to those who paid in Sydney and that, not until the month of July, the Government may do as they please—the receipt however for the money.in Sydney will shew who and when it was paid.—The reservation of all mines of Gold and Silver is contrary also to the conditions of sale, and is a further proo

of the ignorance and stupidity displayed in supposing that Gold and Silver was to be found under the Scoria of the Town of Auckland. —I now, however, come to the cream of this precious document, vis. the resuming the Land if required . and the benefit to accrue to the party by such forced resumption is to be allowed as a sett>off to his claim for remuneration . i, ere lat once see that no man's land is safe—the clause itself, however, appears to have been written for the very purposes of the sold portions of the Town, inasmuch as the improvements, contemplated by the deed itself, are dreadfully required, and should be done at once while little remuneration would be wanted,the inhabitants generally being in the humour just now tosacrifice a part in order to improve the remainder—fancy to yourself, Mr. Editor, 10 feet of my Land being wanted to form Chancery Street, (in order to make it a street, which at present ii is not, from Mr. Kennedy's allotment and mine meeting almost in the middle of the supposed street,) and £IOO should be awarded me for remuneration; the benefit so accruing to me by having a street which I ought to have hadwhether orno,'\s to be deducted from it; perhaps two-thirds or even the whole amount, as the remainder of the Land may perhaps be more valuable than the whole was previously ! and thus my Land might be taken from me, and yet get no remuneration tor it. Such a tyrannical clause could only have been concocted in Botany Bay, and is alone worthy to have been thought of in such a place of villainy and oppression. The sun of New Zealand has set in darkness during many a long month, through the obstinacy, incapability, and tyranny displayed by many an old hand who have been administering to our affairs, and the sooner they leave our shores, the sooner shall we see her rise again and shine with redoubled lustre. i. I, for one, Mr. Editor, will resist with heart and voice the taking of any such conveyance, and by your publishing the document I now forward to you, I hope every individual of our community will do the same. " War to the knife," must be our motto, and from which we must not shrink if measures of this kind are to be forced on us. I am, Sir, Your obedient servant, JOHN J. MONTEFIORE. TOWN PURCHASE. Grantee, Date, Town, Ac R P VICTORIA, BY THE GRACE OF GOD OF THE UNITED KINGDOM OF GREAT BRITAIN AND IRELAND, QUEEN. DEFENDER OF THE FAITH, AND SO FORTH: TO ALL TO WHOM THESE PRESENTS SHALL CO VIE, G REETI NO .I W Uwa 9 at' a Public, A "'•'—„ held in conformity wiih the Regulations made for the sale or Crown Lands, in our Territory of New Zealand 0 f ha become the purchaser of the Allotment or Parcel of Land hereinafter described, for the sum of sterling, NOW KNOW YE, That for and in consideration of the said sum of sterling, by the said to the Colonial Treasurer of our said Territory, for and on Our behalf, well and truly paid before these Presen's are issued. And in further consideration of the Quit Rent hereinafter reserved, WE HAVE GRAN TED,and for Us, Our Heirs and Successors, DO HEREBY GRANT unto the said h Heirs and Assigns, subject to the Conditions, Reservations, and Provisions hereinafter mentioned, ALL THAT Allotment or Parcel of Land, in our said Territory, containing by admeasurement situated in the Town of Parish of County of Allotment No. of Section No. " with all the Rights and Appurtenances whatsoever thereto belonging: To hold unto lj ie .aid h Heiis and Assigns for ever.

YIELDING and PAYING therefor yearly unto us, our Heirs and Successors, the Quit Rent or sum of one farthing for ever, if demanded. ON CONDITION, That the sa j,j h Heirs and Assigns, or some of them, do and shall construct proper Drains through and from the same Land to the nearest Common Drain or Sewer; AND ALSO THAT and they do and shall in every respect, and at all times, hereafter con form to the Government regulations for the time being, and to the Laws now or hereafter to be in force for the establishing and reflation of the Municipal Government of the said Town £ PROVIDED NEVERTHELESS, AND WE DO HEREBY RESERVE unto Us, Our Heirs and Successors, all Mines of Gola and Silver ; AND WE DO FURTHER RESERVE unto Us, Our Heirs and Successors, foil power for Us or Them, or for the Governor for the time being of our said Territoiy, to resume and take possession of ALL or any part of the said Land, which may be required at any time or times hereafter; for the improvement oi the said Town, or for any Public purpose. Three Calender Months' notice of itsbeing so required, being previously given in the Government Gazette or otherwise, and the'value of the said Land, or of so much thereof as shall be so required, and of any Building standing on the said required Land, being paid by the Government, to the party entitled thereto,at a°valuation fixed by Arbitrators chosen as hereinafter mentioned inwhich valuation the benejit toaccrueto thesaid Party from any sucn Public Purpose, shall be allowed by way of set-off. AN D WE DO ALSO RESERVE unto Us, our Heiis and Successors, and to the Governor for the time being of ur said Territory, by such person or persons as shall be by herri or him authorised in that behalf, full power to make and conduct through the said Land, all Common or Public Drains and Sewers which may be deemed expedient ; three calender month's notice being previously given to the Occupier or Owner thereof, and the Damage which any Building may sustain thereby, being paid U by the Government to the party entitled thereto, at a valuation fixed by Arbitrators as aforesaid; AND WE DO HEREBY DECLARE that in every case of arbitration which shall arise, under, and by virtue hereof, one arbitrator shall be chosen by the Governor tor tne lime ol our said territory, and one by the then owner or owners"ol thesaid land, or of such part thereof as may beiherebv afJected.which two arbitrators(before they proceed to thesaid arbitration), shall.elect an umpire, who shall determine any disagreement between tha two said arbitrators; but if the said owner or owners shall seiuse or neglect to choose an arbitrator on his, her, or their part, within one calendar month after being required so to do by public ad-

vertisement in the Government Gazette, or otherwise; or if such arbitrator being chosen, shall retuse or neglect to act, and within one calendar month, determine the matter to him. referred, THEN BOTH A RBITR A TORS shall be cho. sen by the Governor for the lime being of our s-iid territory, which said last-mentioned arbitrator shall alsoelect an umpire in the manner, and for the purpose above-mentioned; and if anv umpire shall refuse or neglect to act, and within one calendar month, determine the matter to him referred the arbitrator for the time being, whether chosen one by each party, or both bv the Governor of our said territory, shall, in every such case forthwith, elect another umpire in the same manner, for the same purpose, and subject to the same condition as the umpire first elected as aforesaid, IN TES« TIMONY WHEREOF, we have caused this our Grant*to be sealed with the seal of our said territory. WITN ESS our trusty and well-beloved Governor and Commander-in-chief of our said terri. tory and its dependencies, at Government House, Auckland,in New Zealand aforesaid this day of in the year bt our Reign; and in the year of out lord, one thousand oigbt hundred and Entered on Kecoid bv me this day of 184 . * Colonial Secretary, and » Treasurer.