PROPOSED GENERAL LAND REGULATIONS FOR THE PROVINCE OF NEW PLYMOUTH, NEW ZEALAND.

Taranaki Herald, Volume III, Issue 125, 20 December 1854, Page 3

PROPOSED GENERAL LAND REGULATIONS FOR THE PROVINCE OF NEW PLYMOUTH, NEW ZEALAND.

I. General. 1. All regulations now in force In the Province of New Plymouth for the Sale Lettinir, Disposal, nnd occupation of the Waste IjumU of the Crown within tho »aul Province ore hereby repealed. 2. All such Waste L*ndi bbnli f'om and after the dsy on which these Regulations Bhall come into force bo Hold, let, diiposed of, and occupied accord* inff to these Regulation*, and not otherwiio. 3. So soon an the Native Title ahull ho extin« Pulblicil in an; District, and the same shall be open for settlement, the fact ahull be duly notified to the Superintendent. 11. Survey, and Sub-Division of Districts. 4. The Surveyor General, or other proper officer, •hall with all convenient speed make a general survey of any diiirict In which the Native. Title shall be extinguished after the hsue of these Regulations, nnd also of the unsold portion* of the dl»trte,tfl in which such Title has already bern extinguished, nnd slmll prepare maps thereof exhibiting »o far an practicable their character and natural features, and »hal\ transmit the same to the Superintendent, ac» compnuied by Reports containing any informatim obtained by the Surveyor vvliicb cannot be conveyed by a map. 5. If it shall not he pessiblc to survey tho whole of any tract of Lnnd without great delay or undue cxpenso, the Superintendent, with approval of the Provincial Council, may direct that portions thereof to be defined by him, sho'l lie succismvdy surveyed nnd declared open for purchase. 0. Tho Governor will in the first place appoint mcli Reserves for Military purposea as he shall think (expedient. 7, The Superintendent wilh the aisisfnncn of tlie Surveyor shall, suhjpet to such approval as herein" after is mentioned, appoint Public Reserves for Civil purposes, and also Sites for Town! or Villages, which proposed Reserves nnd Sites shall be laid down upon the proper maps. 8, It shall be tho duty of ihe Surveyor, with the approval of the Superintendent to layout such tines of road as may appear neecunry or desirable, and to divide the Run I Lands into sections, nnd to lay down the lines of road and sections upon the «aid map*, distinguishing each section in a district by a number or mark 9. A separate Plnn sball bo made of the site of every Town or Village (hereinafter indifferently dc« signaled Towns) and nueli sites shall be divided into sections, distinguished by numbers or mark*, nnd streets and public places shall he laid out by the Surveyor with the approval of tho Superinten» dent. 10. Reserves for Public purposes, anil sites for Toons, a« proposed by the Superintendent, and also the laying out of roads and streets, nnd the di« vision into sections both of the Rural Land and Town files dhnll be subject to the approvn) of iho Provincial Council, and finally to confirmation and allowance by the Governor, for wbieh purposes tho Mnp ol o«cry district with tlio Survnyor'n report thnrcon, nnd the plan of every proposed Town shal^ br submitted to tho said Council," and to the Go. v vernor. U. Further Reserve! for Civil or Military purposes may from time to time be mnde, if deemed requisite, by the like authority, and in like manner as the first Reserves. 12. The sub»diviiion into flections of Rural Land and Town sites, and the Inying out of roods and strcetn, may from time to time bo altered by authority nl the Superintendent with the approval of the Provi nclal Council. 13, In laying out Rural sections tho following rules shall be adhered to as nearly as may be, 1 , Every section shall front on a Road. 2, Road and Water frontage and natural ndvautages shall bo equably distributed. 3, Road frontage shall not exceed two-thirds of tho di*pth of the sro'ion. 4, Natural boundaries shall be availed of. 5, Acute angles in tho boundary line shall be avoided. H. No Rural section shall exceed in area 250 acrci, and at least one half of the total area of any district shall be laid out in sections not exceeding 100 acres. 15. An authentic copy of the map or Plan of every district and Town site, and all Reports of the Surveyor respecting theinme, shall bs deposited in the Office of the Commisiioner of Crown Lands, or with such other Officer us shall be appointed by the Governor for that purpose, not less than one calendar month before such district or Town site, or any part thereof, shall bo declared open for purchase ; and such Maps, Plans, nnd Reports shall during the said period of one month, add all times thereafter, during Office, honrs, remain open to Public inipection. The Commissioner of Crown Lands, or other Officer appointed n» aforesaid, (shall from time to time be informed by the Superintendent ofony correction in tbe said Maps nnd Plans requisite in consequence of further Reserves, or of alterations in the sub-diviiion into sections of any Rural land or Town site, and of all other requisite corrections in the said Maps and Plans, and shall cause such correctiom to bo made in the copies thereof deposited wilh him as aforesaid, io as to maintain the exact* itude of the said copies. 111. Reserves. 15. Public Reserves shall be made for tho following ""d ' or n0 ot ' ier purpose! :— 1. General Education. 2. Sites for Public Buildings and Worltß, Markets, Quays, Landing places, and the. like. S, Places for tho recreation and amuse ment of the inha itantg of any Town or Village. 4. Military Defence, 5. The vie or benefit of tho Aborigines. 6. Any other purpose of public safety, convenience, health, or onjoyment. ]7. There shall be reserved in every district declsred open for purchase under these ns an endowment for Schools for Gcnoral Education Five acres in overy Hundred of its aica. And also for the same purpoie there shall be reserved a Bolt of Land surrounding each Town lite equal in area to «uch Town site! 18, With rcupect to the Town &.Ho oj New Ply*

month tho unsolrl sections will be made a Public Reserve in lieu of those portiona of iho Reserves for public purposes made by tho Now Zenlnnd Company in and adjoining the said Town which have been alienated in satisfaction of claims on the Company. 19. Tho reierred sections, the Reserves designated on the Plan of tbo Town as Victniia Park, Somes Park, and tho Bbtnntral Garden, or»o much thereof respectively as hate not been alienated by the Crown or Company, ihe unalicnalcd ortions of the Town Bolt, and the Roads, Streets, and Public Places within the Town site, will lie ve^cd in tha Superintendent under tho provisions of " Tlie Public Reserves Act. 1861." 20. The roads and reserves for roods throughout tho Filzroy iind Grey Blocks, will also be veiled in the Superintendent under tho provisions of the tamo Act. IV. Roads. 21. Main roads and streets shall not be lets than one chain in width, Crosi roads and streets not less than 70 links in width, except where local circumstances shall render an adherence to this rule iiri practicable. 22. All sales and alienations whatsoever shall be subject to tlie reservation of v right to be vested in the Superintendent, fixercisable only with the approval of the Provincial Council, to construct roads on the lands sold, and for that purpaso to authorise and cause a sufficient quantity of the lands to be taken possession of and m«dc use of, when »nd as he shall think fit. 23. Persona expropriated under the preceding clause shall be compensated by the issue to them of Land Scrip under the following regulations. 24. The Commissioner of Crown Lands shall from time to time Issue to the propir persons Land Scrip to such amount as shall bo awarded by the Provincial Council on the proposition and with the approval of jho Superintendent, in rcipcctnfany lnnds taken for a road— such amount, and tho perions to whom it is to be issued being certified to tlie said Commissioner by the Superintendent. On behalf nf persons under disability, and persons interested under settlements, the mid Council shall bo at librrty to direct that the scrip be Imd out by the Commissioner, in tho names of Trustees or otherwise, in the purchaso of lands in snbstiiutioji for iho lands taken. If from any came scrip so awarded be not applied for within three years, the Ciglit thereto fihull lapse, 25. The number of Pounds sterling for which scrip shall be issued Under tbo preceding otauso shall be so regulated and restrictod from time to time, as never at any lime to bo greater than one twentieth pare of the estimated aggregate number of acres of Rural Land which shall then have been declared open for purchaic under these regulations. 26. The foregoing provisions respecting tho Uking of lands for rondo, and respecting compensation for the lamia so taken, shall not take away or affect the powers for the like purposes voted in 'be Governor by virtue of the New Zealand Lund Claimants' Ordinance, No. 15, of Session XI. V. Grants to persons aiding in extinc- | tion of Native Title. 27. On the recommendation of any Officer of the , General Government employed in nojjociating the v \ren3ion of the rights over any district of tho Native Bribes, it shall bo lawful for the Superintendent with the approval of the Provinoiul Council, to iuthorise any person or persons of European Rnco resident amongst Natives in or near tbn ceded dis trict, and aotivo in procuring the cession thereof, to select for hie or their own iiae Rural Land within the district, not exceeding altogether -MO acres, cither gratuitously, or on such term* as to the Superintendent shall seem fit. VI. Selections for Religious purposes. 23. Ministers or Trustees of Religious Bodies shall bo at liberty to apply to the Superintendent for permission to purchase Rural lands not exceed, ing in any on 6 district 10 acres, and also a single section in every Town site, as sites for Churchei, Chapels, Schools, or other Buildings, or for Burial ( Grounds for tbe use of their several denominations, and any such application being recommended by the Superintendent to, and approved of. by the Prov'.noial Council, the applicants, or other persons on behalf of the Religious body, shall be admitted to purchase the land applied for at the rate of 10s. per acre, before tho District is opened for public sclcc ' tion. VII. New Zealand Company's Land Claimants. 29. Holders of unsatisfied Land Orders of the New Zealand Company and Plymouth Company of New Zealand, and of unselected scrip issued uuder the agreement nude by tbe New Zealand Company with the Resident Purchasers in the year 1849, shall be entitled at any time previously to the Ist day of Jnnusry 1 357. to select according to their respective order or choice, in any Ruinl Land, after Public Reserves arc. laid out and applications on behalf of Religious bodies entertained, and before such land is declared open for sale under theic Regulations. 30. Such of the said Land Orders and Scrip as may remain outstanding on the said day, shall, on and efter that day, and all other claims on tbe Waste Landi of the Crown in respect of unfulfilled contracts or engagements, of the New Zealand Company, shall, on and after tho Issue of these Re filiations, become and be unavailable and extinguished, unless the same be exchangeable and exchanged for Government scrip under tbe provisions of the New Zealand Company's Land Claimants' Ordinance^ Number 15, of Session XI, VIII. Scrw. 31. Government Scrip shall be taken in payment for Town lam) at the nominal value of such scrip in pounds sterling. 32. In the purchase of Rural land one pound in scrip shall represent the selling price of one acre where such selling price does not exceed twenty shillings, and in other cases shall represent its nominil value of one pound. 33. Scrip issued under tbe present regulations as compensation for lands taken by tbe Superintendent for roads, shall be entitled " Road Compensation Scrip," and shall be available only within the Province. IX. Sales. i 34. The Superintendent, with tho approval of the Provincial Council, ikall notify in. tho Government

Onzetto of the Province the day on which Rural Land and Town Land respectively shall be first open for purchase — auch day being never less thnn one calendar month after the publication ofthe Notice — and being always as respects Rural land, one of the Salo Days for Rural Land hereinafter appointed, and as respects Town Land the third Monday In n month. And to every such notice respecting Rural Lnnd there 6hall be appended a Tabular Statement shotting the distinguishing minibar or mark of each section and its area.

35. No further sale of lands in any district already declared open for purchase slinll take place until tho same shnll hnve been surveyed and dc> clarcd open for purchase conformably with theie regulations.

315. Rural Land and Town Land shall be sold by Public Auction in manner hereinafter prescribed and not oiherwise.

37. All sales shall take place at the Crown Lands Office in the Town of New Plymouth and shall commence nt the hour of Eloven, A. M., and closo not later than the hoar of Throe, p.m. Tbe Superintendenl may from time to time by notice in the said G.izetto appoint any other place or hour of sale ; but no iuch Notice shall take effect until the expiration of one calendar uiutilh from its publication.

38 The Sub' Treasurer of the General Government or hii Doputy for the purpose approved of by tho Superintendent , or some other person appointed for the purposo by the Governor, shall conduct the sali'i.

39. There shall be a periodical sale of Rural Land on the first Monday in every month,

40. The Biddings at sales of Rural Land thall be of a certain sum per acre for a section to bo immediately aftorwnrds chosen by tbe Bidder in any district duly declared as open for purchase— (all such districts within the Province, or the unsold portions thereof, being at every sale open for selection)— and the highest bidder for each successive choice shall accordingly forihwith select a section on the Map or Plan, and declare his choice to the officer conducting the sale, and •hall become the Purchaser of the on mo section at such sum per acre an he shall have last bidden. The said officer shall after each selection proceed to invite another set of biddings, and shall so continue the sale on tbe same, and if requisite, on the following day or days, so long as there shall be any Bidder for a selection at tlie upset price per nore. '11. Tbe upset price for Rural Land shall be Ten Shillings per acre. 42. Town Land shall be sold only on such days as the Superintendent shall appoint by Notice published in tbe said Giizcttc. Piovidcd that the day so appointed be always tbe third Monday in the month, and not less than one calendar month after the publication of the notice.

43. Tho sale of Town Land shall be conducted io all respects similarly to the salo of Rural Land, save that the Superintendent shall by every noiice of sale limit the number of selections to be made at such sale, and shall in like manner prescrtoe some particular Town site or Town sites in which the selections, or any number thereof, are to bo made ; and tbe bidding* ahull bo of a. certain sum per section. 44. Tlie upiet price or prices for Town Land shall be such sum per section as shall for each particular nnlo and Town site be appointed by tbo Superintendent, and shall be specified in tbe notice of sole, and a scale of upset prices may be appointed accord, ing to tho order of selection. 45. It shall be a condition of every salo that one tenth of the purchaso money be immediately paid in cash to the oflioer conducting tho sale, and that the remainder be paid \o tho proper oflioer within one calendar month. If default bo made in cither payment the sale .shall be void. If default be made in the latter payment the instalment of one tenth shall be forfei'od. 46. Tho officer conducting the sale, whether of Rural or Town Land, shall certify to the Superintendent, and also to the Commissioner of Crown Lands the distinguishing numbers or marks of the sections sold, and it shall be the duty of the laid Commissioner from tima to time to cause the »ec< tions sold to be distinctly marked as sold, or to be otherwise clearly distinguished iv the proper Map or Plan. X. Allowances to Immigrants. 47. lntormcdiato or Steerage Passengers of the classes hereinafter defined, arriving in the Province after the 31st day of December 1854', from Europe, North America, Australia, or Van Biemen's Land shall be allowed to selcet and purchase lands, at auctions under these regulations, at half tho selling price, to an amount not exceeding the amount hereinafter specified. i 43. Tho classes entitled to allowance under the preceding clause, and the amount to which Lands shnll be purchasable by them at Half price as aforesaid shall be respectively as follows —

~~~ Vai.ul op CIASSBS ENTITLED. '' ANDS rUßchasaulr at Half Piucc. 1. Married men accompanied l>> ~] iheir wives— neither being above 36 years of ago if unaccompanied by any «„» . . child— 3B years H accompanied b> , !'.__ one child— 4o years if accompanied ■ . lf by two children,-and so on, tw. r " ml , years additional being allowed in ? Ud tbe age of the Parents for every ' child (under the age of 21) accom panying them. J 2. Singlo women under 30 year. I ,- of age. /* 1U 3. Singlo men under 30 year* ol \£aq ngowho shall marry in the Colony— {

JVoto— The age and description are in every caie referable to the time of arrival. Provided that Immigrants from Australia or Van Dienien's Land shall bo entitled to purchase to one half the above amount and no more. 49. No claim (or allowance under clause 47 shall bo admitted until the Claimant, with his wife, or, the claimant being female, tbo claimant herself, shall have resided 12 calendar months in the Province, nor shall any money previously expended in the purchase of laud bo returned. 50. Allowances under clause 47 ihall not bo made to any person whoso passage money, or the p aiiago

moneys of whose wife or children, shnll have been, paid by tho Provincial Government, unless and until such passage money be repaid. 51. Person* at any time convicted of any Felony or infamous ollence, within any part of Her Mhjesty's Dominions, shall be disqualified to claim allowance.

52. Intending claimants for allowances under clause 47, must prestnt thonißclvci within three months from arrival to tbe Immtgintion Ofticci, who bhall then make n preliminary rxnmiiiatioii of their claim" ; and after fulfilling the condition us lo residence (and where neiessnry the condition a« to repayment of pnsßnge money to Government) tlioy must again, after the expiration of one year, and he« fore tin* expiration of two year* from arrival, present themselves to the said officer, who, on being satis* fi«d of the validity of any claim, shall, with ihe approval of tho Superintendent, issue to the claimant his certificate, to the effect that the claimant is entitled to purchase lands to n specified amount, accord injr to the scale, at half price.

53. Hilf-Prico certificates shall bn available for five years from issue and fihall not be transferable; but on the death of lucuriginsl bolder shall devolve on his nominee, appointed by any writing under his hand, or in delimit of such appointment, on his personal representative.

54. Provided that such cerlificnti'S may lie issued to any person who shall have paid the passage money of any Immigrant becoming qualified for allowance under the preceding clause", and the pnssagejmoney of his wife oud children, if any, and who shall c^as tbo consideration or a part of tho consideration for such payment) have stipulated with tho Immigrant to be substituted in hu or her place with respect to such allowance. The Immigration officer may, at his discretion, in every such case satisiy himself of tho riuht of the Claimant without the attendance of Ihe 'Immigrant, bo that notice of the intended claim be given to him within thrco calendar months from the arrival of the Immigrant, and the claim i>o finally preferred within tno years from such arrival.

55. Half-price certificates bom; produced to the Sub- i reasurcr, or other proper officer, and such officer being satisfied of the personal identity of tbe Holder, he or she shall at uny time or times with* in the period above limited, bo entitled to a remission of purchase money to the extent therein certified for— it being understood, that where land* exceeding the value specified as purchasable at half price shall be selected by a certificate holder, he or she shall have an allowance on the purchase money equivalent to the extreme amount of his or her due allowance

56. If required, every person claiming allowance under clause 47, shall make and subscribe a deda« ration that he or she has not obtained any remisr. sion or allowance under Land Regulations in any other part of the Colony.

XI. Military Settlers;

57. Military and Naval Officers resident in the Province at the issue of these Regulations will bo allowed the ptivilcges accorded to them by the llagulations of May 1851. But the remission money given to them in tho terms of those Regulations will be siibjeot to the rules hcroinbeforo prescribed relative to Government Scrip,

58. Non-commissioned and Warrant OlfiGors in Her Mnjesty's Army and Navy, and also Soldiers, Marines, and Sailors discharged from Her Majesty's service with good conduct certificates, whether discharged in the colony or elsewhere, and arriving in the Province after the 31st day of December 1851, shall, iieiug qualified by marriage and residence in the Province with their wives, after disi charge, bo entitled to tbo like allowance under clause 47 an Steerage passengers arriving from Eu« rope, or Noith America.

XII. Mineral Land. 59. It shall bo competent to the Superintendent, with the approval of the Provincial Council, to reserve for tbe purposo of letting the same, any Tract or section Known or supposed to have e«pe» cial value as containing minerals.

CO. Leases of Mineral Land shall bo made to such persons, for such Terms of years, under and subject to such Rents, Royalties, Reeer* vations, and Covenants, and generally in such man« ncr, as having been proposed by the Superintendent to, and approved of by, the Provincial Council, shall be finally approved of by the Governor, nnd not otherwise. This provision is without prejudice to tbe fulfilment of any existiug engagement entered into by the Crown. XIII. TEMPORARY OCCUPATION OF CrOWM Lands. 61.' The occupation of tbo Waste Landi of the Crown for the purposes of depasturing Cattle and cutting Timber is regulated by tho provisions In. that behalf of tbe Crown Lnnds Ordinance, No, 1 of Session X,and the Crown Linds Amendment and Extension Ordinance. No, 10 of Sosulon XI, and by certain Rules and Regulations for the issue of Pasture arid Timber Licenses for the occupation of Waste Lands of the Crown outside Hundreds, published in the New Zealand Government Gazette. 62. Within the Province of New Plymouth, tha said provisions of the said two Ordinances have not, nor have the said Rules and Regulations, been ever acted upon, > 63. Such ofthe provisions of the first named Ordinance as authorise and regulate the depasturing of cattle on the Waste Lands of the Crown, with all incident provisions, and also all and singular the provisions of the other of the said two Ordinances, and also tbe said Rules and Regulations, are hereby repealed. 64. The future Letting and Occupation for tem>porary purpoics of the Waste Lands of tho Crown within the Province (except so far as the same are provided for by the present Regulations) will ba provided for by Regulations to be hereafter issued in conformity with tho provisions of the Act of the General Assembly intituled " The Waste Lands A0t1854." XIV. Fees on Crown Grants. 65. By Ordinance No. 2, of session VII, tho sum of twenty shillings is payable before the delivery of every Crown Grant by the person entitled to receive the same. No other fee is payable on tbe issue of Crown Grants. XV. Commencement of Operation. 66- These regulations shall coma into force on tbe Ist day of MaroU 1855.

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