SPECIAL SETTLEMENT, MOUNTAIN ROAD, TARANAKI (PAPERS RELATIVE TO).

Appendix to the Journals of the House of Representatives, 1878 Session I, D-04

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1878. NEW ZEALAND. SPECIAL SETTLEMENT, MOUNTAIN ROAD, TARANAKI (PAPERS RELATIVE TO).

Presented to both Houses of the General Assembly by Command of His Excellency. No. 1. The Commissionee of Ceown Lands, Taranaki, to the TJndee Seceetaey for Ceown Lands, , Wellington. Sic, — Crown Lands Office, Taranaki, 26th July, 1877. I have the honor to forward the enclosed resolution passed by the Waste Lands Board at its last sitting, recommending that a block of land containing 5,000 acres should be set apart as a special settlement. The gentleman in whose favour this is proposed to be done has ample means for complying with the conditions (copy of application enclosed), and these are most favourable to the district, as they will insure a good road being carried five miles into the interior of the country; and as Mr. Fookes takes only the sections immediately abutting on this proposed road, the sections north and south of these will be at the disposal of the Board, and available for speedy sale, being so close to a road. Major Brown, whom I consulted, thinks there will be no difficulty hi dealing with the strip of land between the Huirou Block and the Ahuroa Block, and, with his approval, the survey is being carried through it. I enclose a plan and preliminary description of the land for gazetting under the 63rd section of "The Taranaki Waste Lands Act, 1874," as amended by clause 8 of the 33rd section of "The Waste Lands Administration Act, 1876," should the Government deem it advisable to carry out the recommendation of the Waste Lands Board. I have, &c, C. D. Whitcombe, The Under Secretary for Crown Lands, Wellington. Commissioner of Crown Lands.

Enclosure 1 in No. 1. Copy of Besolution passed by the Taranaki Waste Lands Board, on Monday, 23rd July, 1877. The Board, having considered the application of A. C. Fookes for a block of 5,000 acres of land abutting on the Mountain Boad, recommends the same for the approval of the Government, in accordance with clause 63 of "The Taranaki Waste Lands Act, 1874," and directs that a copy of Mr. Fookes's application, with plan and description of the proposed block of land, be forwarded to the Government for its information, in order that the necessary steps may be taken for carrying out this recommendation of the Board.—Carried. Waste Lands Board Office, C. D. Whitcombe, New Plymouth, 23rd July, 1877. Chief Commissioner of Waste Lands.

Enclosure 2 in No. 1. Mr. A. Ceaceoft Fookes to the Commissionee of Ceown Lands, Taranaki. Sic,— New Plymouth, 20th July, 1877. Having, since writing my letter of 6th instant, become better acquainted with the land regulations of this district, and having had several interviews with yourself upon the subject of my proposal, I think it better to substitute the following slightly modified plan for your approval. Should there be any of the clauses therein which the- Board cannot agree to as they stand, we may, no doubt, modify or alter them to our mutual satisfaction at the next meeting of the Board, when I shall be in attendance. I have, &c, The Commissioner of Crown Lands, Taranaki. A. Ceaceoet Fookes. D. 4—l.

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Conditions upon which a Contract may be entered into for the Formation and Encouragement of a Special Settlement, under Sections 63 and 66 of " The Taranaki Waste Lands Act, 1874." The block to be cut up into fifty sections of 100 acres'each, and to include the whole frontage to the main road on the eastern side thereof, between the Manganui and Piakau Streams, and to extend thence towards the East by a leading road, as far as level land suitable for small farms can be obtained ; the sections to be laid out on each side of the said road, but if sufficient suitable land cannot be obtained in such a direction, side roads to be laid off to accommodate sections off the leading road; the price per acre to be one pound (£1), to be paid as follows : A deposit of 10 per cent, six months from the date of the Contractor being furnished with a large scale tracing of the block, the survey having been completed ; 10 per cent, two years after payment of the deposit; and further payments of 10 per cent, each at intervals of twelve months thereafter, until the full amount of 20s. per acre shall be completed. The Contractor shall expend two thousand pounds (£2,000) upon the construction of roads through the block, one part of which shall be paid at the time of tho payment of the deposit, the other at the end of twelvemonths from that date, and shall undertake to furnish names of purchasers of each section within twelve months from payment of deposit. No person to take up more than 200 acres, with the exception of 400 acres which the Contractor proposes to reserve for himself. A title to issue to purchasers in their own names on completion of payments and fulfilment of these conditions, but, as a protection to the Contractor, no title to be issued without his consent being first given. The Contractor to bo allowed to claim, either for himself or owners of sections, immediate titles to any section or sections upon paying up balance of purchase-money on such section or sections ; provided that no title shall be so claimed until the Board shall be satisfied that £250 has been expended upon the roads, and that titles shall only be claimed at the rate of 100 acres for every £50 actually expended upon roads. No education or other reserves, except a school site or school sites, to abut upon the leading road through the block, unless same be at extreme end of said road. Boads to be first surveyed, after which Commissioner of Crown Lands, Chief Surveyor, and the Contractor to decide manner of laying off sections, &c. An agreement embodying these conditions to be prepared and signed with as little delay as possible. A. Ceaceoet Fookes.

No. 2. The Seceetaey for Ceown Lands to the Commissionee of Ceown Lands, New Plymouth. Sic, — General Crown Lands Office, Wellington, 3rd September, 1877. With reference to your letter of the 26th July, forwarding resolution of the Waste Lands Board, recommending that a block of 5,000 acres of land be set apart as a special settlement at the instance of Mr. A. C. Fookes, I am directed by the Hon. the Secretary for Crown Lands to inform you that no objection will be made to the formation of the proposed settlement, provided that the conditions are made more explicit. This is especially the case with respect to the £2,000 to be spent on roads, in regard to which it must be provided that the money be paid over either to the Waste Lands Board or the Road Board for expenditure on the roads agreed upon by Mr. Fookes. £1,000 to be deposited at the time of completing the survey, and the other moiety at the expiration of twelve months from the time of the first payment. I have, &c., The Commissioner of Crown Lands, New Plymouth. • J. Giles.

No. 3. Memo, from the Undee Seceetaey for Ceown Lands, Wellington, to the Commissionee of Ceown Lands, Taranaki. Fookes's Settlement. Wellington, 25th October, 1876. I eoewaed draft contract for approval of the Waste Lands Board, and shall be obliged by your returning it as soon as possible with any alterations, omissions, or additions which the Board may wish to have made. The Order in Council, which will be published at the same time as the Proclamation setting aside the land, will set forth the terms or conditions agreed upon, and will therefore have to stand over until the return of this draft. J. Giles.

No. 4. The Commissionee o£ Ceown Lands, Taranaki, to the Undee Seceetaey for Ceown Lands, Wellington. Sic, — Crown Lands Office, Taranaki, 7th November, 1877. I have the honor to transmit the draft copy of contract between His Excellency the Governor and Mr. A. C. Fookes, forwarded with your memorandum No. 2329, of 25th ultimo, as amended by the Taranaki Waste Lands Board; also copy of a resolution passed by that body at the meeting held on Monday, the sth instant, approving of the contract as amended, and copy of a letter from Mr. A. C. Fookes, which I was directed by the Board to forward. I have, &c, The Under Secretary for Crown Lands, C. D. Whitcombe, Wellington. Commissioner of Crown Lands.

Sub-enclosure to Enclosure 2 in No. 1.

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Enclosure 1 in No. 4. Copy of Besolution passed by the Taranaki Waste Lands Board, at its Meeting on Monday, sth November, 1877. The Board, having gone over the draft agreement between His Excellency the Governor and Mr. A. C. Fookes, forwarded by the Under Secretary for Crown Lands, approves of the same as amended, and recommends the same for the sanction of His Excellency ; and respectfully requests that he wall be pleased to have the conditions of this special settlement gazetted before the new Land Act is brought into operation. Waste Lands Board Office, C. D. Whitcombe, New Plymouth, 6th November, 1877. Chief Commissioner.

Enclosure 2 in No. 4. Mr. A. Ceaceoft Fookes to the Commissionee of Ceown Lands, Taranaki. Sic, — New Plymouth, sth November, 1877. After having attended already at meetings of the Waste Lands Board upon two separate occasions, each time for the purpose of passing with the Board, clause by clause, a draft agreement for carrying out my special-settlement scheme, in terms agreed upon with the Board, and which terms the Government appeared satisfied with, I must say I was much surprised to hear of the arrival of another entirely new draft of agreement. I have, however, gone carefully through the latter clause by clause, endeavouring as far as possible to accept the new conditions included therein, but I find some new clauses to which I cannot possibly agree, as they are completely at variance with my plans for settling the block, which are already partly carried out. For instance, — Clause 8 stipulates for compulsory residence of all settlers, and certain improvements, whereas the understanding between the Board and myself all through has been that I expend the sum of £2,000 in opening up roads through the block (which roads also open up a large tract of country still at the Board's disposal, but at present unsaleable for want of such roads), such expenditure to stand in the place of all other improvements; and the compulsory residence condition seems to have been specially instituted to hamper me, as there is no such condition imposed upon any purchaser in this provincial district, whether for cash or on deferred payments. The proposals made by me to the Board specially excluded such conditions as compulsory residence or compulsory improvements, excepting the road expenditure, and these proposals were accepted by the Board, subject to the approval of the Government; and in a letter from the Under Secretary for Crown Lands to the Commissioner of Crown Lands, New Plymouth, dated 3rd of September, of which I hold a copy, appears the following : — " With reference to your letter of the 26th July, forwarding a resolution of the Waste Lands Board recommending that a block of 5,000 acres be set apart as a special settlement, at the instance of Mr. A. C. Fookes, I am directed by the Hon. the Secretary for Crown Lands to inform you that no objection will be made to the formation of tho proposed settlement, provided that the conditions are made more explicit," &c. Had the Government required that new conditions, such as compulsory residence, &c, should be imposed, I respectfully contend that those conditions should have been mentioned in that letter, upon which I should have at once withdrawn from tho scheme; but to begin now, after I have entered into a contract for road-work on the block, and entered into an agreement with a large number of settlers for the sale to them of sections in the block upon terms which prevent my acceding to such terms, to impose such conditions upon mo simply means to cause a breakdown of the whole plan of settlement, which, through my having gone so far, would be calamitous to me, and I think the Board will say also of the progress of settlement in the Provincial District of Taranaki. The expenditure on roads agreed to is equivalent to Bs. per acre over the whole 5,000 acres, which I consider sufficient compulsory expenditure, And the compulsory residence I particularly wished to avoid, as in proposing this settlement I was acting for more than one party who could not take up his abode in the bush, and yet he is, I consider, one of a class who should be allowed to acquire land. I will give an instance of one of those who has paid me a deposit on 200 acres : He is a gentleman holding a respectable situation, and in receipt of a fair salary. He washes his sons (two lads now thirteen and fifteen) to become farmers as soon as they leave school—say, in two or three years. He therefore takes up 200 acres upon the block I am in treaty for, intending, he writes me, to himself keep up the payments until the lads are able to continue them, and to clear and grass (by means of paid labour) as much of the land as his means will permit year by year, so as to give his sons a good clearing to start upon. Other instances are very similar. In conclusion, it appears to me as though I were myself suspected of some underhand plan for acquiring the whole of the block for myself, or something of that kind ; but I need hardly say I have no such plan, and am quite willing to find security to any required amount that I acquire no more than the 400 acres already agreed upon. My whole object having been from the first to the last to form a prosperous and bond fide settlement of small farmers upon the block. I have written this in. the hope that the Board may forward it to Wellington, with any remarks of their own hereon. The Chief Commissioner, I have, &c, Waste Lands Board, New Plymouth. A. Ceaceoft Fookes.

No. 5. Ageeement between His Excellency the Goveenoe and Mr. Fookes. Ageeement made this eleventh day of February, 1878, between His Excellency George Augustus Constantino, Marquis of Normanby, the Governor of the Colony of New Zealand, herein termed "the

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Governor," of the one part, and Albert Cracroft Fookes, of New Plymouth, gentleman, who and whose heirs, executors, administrators, and assigns, is and are, unless where the context requires a different construction, hereinafter styled "the Contractor,'' of the other part: Whereby it is mutually aad a? follows : — 1. In the construction of this agreement time shall be deemed to be of the essence of the contract on the Contractor's part; and, unless the context shall otherwise require it, the following expressions shall have the meanings hereby assigned to them, that is to say,— " Land " shall mean the block of land described in the First Schedule hereto. "Settler" shall mean a male adult not less than twenty-one years of age, and shall include any person who purchases or otherwise becomes entitled to the interest of such settler. " Receiver of Land Revenue " shall mean the Receiver of Land Revenue for the Land District of Taranaki, or other person for the time being acting as such. " Board " shall mean the Waste Lands Board for the Land District of Taranaki for the time being. " The said Act" shall mean " The Taranaki Waste Lands Act, 1874." 2. The Governor agrees to sell to the said Contractor, and the Contractor agrees to purchase, the land described in the First Schedule hereto at the price, and subject to the terms and conditions, hereinafter contained. 3. The Contractor agrees to pay, as the price of the land, the sum of twenty shillings per acre, to be paid in instalments as follows : —A first instalment of 10 per cent, of the whole purchase-money six months from the date of the Contractor being furnished with a large scale-tracing of the land as surveyed into sections; a second instalment of 10 per cent, two years from the date hereinbefore appointed for payment of the first instalment; and the remainder of the purchase-money by eight instalments of 10 per cent, each, payable at intervals of twelve months, commencing as from the date appointed for the payment of the second instalment, until the whole purchase-money of twenty shillings per acre is paid. 4. The Governor shall, within nine months from the date hereof, cause the land to be surveyed into convenient sections not exceeding 200 acres each, and road-lines through the land to be reserved and laid off. The land so reserved, and all land reserved under the fifth paragraph of these conditions, shall be excepted from sale, and remain vested in Her Majesty. 5. The Governor may, within one month after the delivery to the Contractor of a large scaletracing pursuant to paragraph 3 of these conditions, reserve out of the land for public purposes, or as reserves for schools, such portion of the said land as shall not in the whole exceed ten acres, and the Contractor shall be entitled to a reduction on the purchase-money of twenty shillings per acre for every acre so reserved. 6. The Contractor may take up for his own purposes any portion of the said land not exceeding 400 acres in the whole. 7. All roads shall be constructed by the Contractor at such time and in such manner as the Board thinks best; but the Contractor shall not be bound to expend more than £2,000 upon such construction. The land shall be surveyed into such sections, and in such manner as to shape, size, and otherwise, as shall be agreed upon by the Contractor and the Chief Surveyor of the Provincial District of Taranaki, or, if they cannot agree within four months from the date hereof, then as the Board directs. If, after the completion of the survey as aforesaid, the Contractor shall desire any further subdivisions to be made, the same shall be made by the Chief Surveyor of the District of Taranaki, or by some surveyor authorized by him. All expenses thereby entailed, and in preparing plans for Crown grants or otherwise, in consequence of such subdivision, shall be paid by the Contractor. 8. The Contractor agrees, at his own expense, within twelve calendar months from the day appointed for payment of the first instalment of the purchase-money, that tho Contractor will settle upon the said land one settler for every 200 acres of land. Every settler shall be first approved of by the Board, and enter into an agreement with the Contractor to purchase not more than 200 acres and not less than 50 acres of the land, and to abide by and be subject to the terms and conditions under which the land is set apart for special settlement and of this contract. 9. Selection shall be made at such time and in such manner as the Contractor may, with the consent of the Board, require : Provided that neither the Government of the colony nor the Board shall be responsible for any delay occurring in the allotment or selection of any land, nor be bound to provide land for settlers in excess of the area of the land hereby contracted to be sold. 10. A certificate in the form in the Third Schedule hereto, signed by the Contractor and the settler, shall be deposited with the Board before a settler shall be entitled to take occupation of the land selected by him. 11. The Contractor shall be entitled to require the Governor to issue Crown grants after the rate of one acre for every twenty shillings paid on account of purchase-money. No claim for a grant shall be made for less than fifty acres at one time, unless with the consent of the Board; and no grant shall be issued unless the Board shall certify that the Contractor has expended at least £250 in making and constructing roads through the land ; nor shall grants be issued in excess of 100 acres for every £50 expended by the Contractor in constructing roads through the land, as hereinafter provided. Grants shall not be issued otherwise than to settlers except for the 400 acres which the Contractor is entitled to take up for his own use. 12. The Contractor agrees that the Governor may, if he think fit, issue a Crown grant to any settler who pays the purchase-money payable under these conditions for any land selected by him, and who proves, to the satisfaction of the Board, that he is entitled thereto, and has fulfilled the terms and conditions of any contract he may have entered into with the Contractor respecting any land purchased by him. A certificate in the form specified in the Second Schedule hereto, signed by the Contractor, shall be sufficient evidence of such fulfilment. 13. Before any Crown grant is issued, the usual and accustomed fees payable in respect of Crown grants shall be paid.

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14. On the death of a settler before lie has become entitled to a grant of his land, his executor or administrator shall, within sis calendar months after his decease, or the Board may. at any time thereafter, dispose of the estate and interest of such settler in any land purchased by him from the Contractor to some person who shall be approved of by the Board ; and the purchaser shall be deemed to stand in the position of the settler whose interest he purchases, and be bound by and be subject to the same terms and conditions as such deceased settler was bound by and subject to. If a sale under this condition is made by the Board, the net proceeds thereof, after paying all expenses, shall be paid to the executor or administrator of the deceased settler as part of his personal estate. 15. Should any settler be compelled to leave the district previous to his becoming fully entitled to his Crown grant, he may transfer his right, title, and interest in such land to any person approved of by the Board. ' The purchaser shall stand in the same position as the settler from whom he purchased, and be bound by and subject to the same terms and conditions as such settler was bound by and subject to. 16. No settler shall hold or be entitled to a grant for more than 200 acres in the whole, whether acquired by purchase from the Contractor or under the provisions of the last preceding sections. The Contractor shall not hold or purchase from a settler, or his executors or administrators, or the Board, the estate or interest of the settler in the land held by such settler under these conditions, nor hold or own or be entitled to a grant for more than 400 acres in the whole. 17. If the Contractor or any settler shall be found to have committed a wilful breach of any of these conditions, the Board may, upon sufficient proof thereof, of which the Board shall be the sole judge, forfeit his interest in the land so held or acquired, and the Board may dispose of such interest ■by public auction to any person who shall agree to settle on the land. Any person so purchasing shall bo deemed to stand in the position of the settler whose interest he purchases. The proceeds of any sale, after paying all expenses, shall be expended by the Board in constructing and maintaining any roads on the land, or in such other improvements as the Board thinks best. 18. Within two years from the date hereinbefore fixed for payment of the first instalment. of the purchase-money, the Contractor shall expend, in making a road or roads through the land, the sum of £2,000 : such money shall be expended in such manner as the Board approves of. _ The Governor may, if the Board shall consider it inexpedient to require the whole sum of the said £2,000 to be expended within the said period of two years, require the Contractor, instead of so expending it, to deposit with the Board, at the expiration of the term of two years, so much of the said sum as shall be unexpended, and the moneys so deposited shall be expended by the Board in the construction of roads through the land at such time and manner as the Board thinks expedient. The Contractor shall forthwith, on the delivery of such large scale-tracing as aforesaid, give to the Board such sufficient security (of the nature and sufficiency of which the Board shall be the sole judge) for the expenditure of the said sum of £2,000 or any part thereof. 19. All the moneys required to be paid for the land under these terms and conditions shall be paid to the Eeceiver of Land Revenue, and receipts given by him shall be sufficient discharges for the payment of the moneys therein respectively acknowledged to have been received. 20. If the Contractor shall fail to carry out and perform these conditions, or the conditions under which the land is set apart for special settlement, or any of them, all moneys paid under this agreement shall be forfeited to Her Majesty the Queen, and the Governor may, by notice to the Contractor, either delivered personally or left at the Contractor's known or last known place of abode in the Provincial District of Taranaki, determine the contract; and, upon the delivery of such notice^ all the estate and interest of the Contractor under this agreement shall absolutely cease and determine, and all improvements on the said land shall become the property of Her Majesty: Provided that the Governor may, in accordance with the conditions of this agreement, carry out and perform the terms and conditions of any contract made by the Contractor with a settler, and may, if he think fit, waive or dispense with the performance by a settler of any of such terms and conditions. 21. All disputes between the Governor and the Contractor or between the Governor or any settler concerning these presents, or the conditions under which the land is set apart for special settlement, or the construction hereof or of the said conditions, or concerning any matter or thing hereby or by the said conditions required or not required to be done, shall be submitted to two arbitrators, one to be named by each party. The arbitrators shall appoint an umpire before entering upon the reference. The arbitrators, or, in case of difference between them, the umpire, shall award as to the matters in difference, and shall determine how and by whom the expenses of the reference shall be paid, and such award shall be final and bind the parties hereto. 22. The Governor may, if he think fit, waive or dispense with the performance by the Contractor or by any settler of any matter or thing required to be done by the Contractor or by such settler by the conditions under which the land is set apart for special settlement, or by this contract, or may extend the time within which such matter or thing may be done. In witness whereof the parties hereto have hereunto set their hands and seals.

SCHEDULES. Fiest Schedule. All that parcel of land in the Provincial District of Taranaki, containing by admeasurement five thousand (5,000) acres, more or less. Bounded towards the North by the Wanganui River, waste land, and part of the Ahuroa Block; towards the East by the Ahuroa Stream; towards the South by other part of the Ahuroa Block, waste land, and the Piakau River; and towards the West by the Waitara and Wanganui Railway line. D. 4—2.

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Second Schedule. I, the undersigned, do hereby consent to a Crown grant being issued to for all that piece of land [Here describe the land}. Dated 18 . " (Signature of Contractor.) To the Waste Lands Board, Land District of Taranaki.

Thied Schedule. I, the undersigned, do hereby certify that [name of settler] has agreed to purchase from me all that piece of land [Here describe the land], and is entitled to occupy the said land, subject to the terms and conditions under which the said land is set apart for special settlement, and of my contract with the Governor. And I, the said [name of settler], do hereby agree with the Governor to abide by the said terms and conditions. Dated 18 . ■ (Signature of Contractor.) (Signature of Settler?) To the Waste Lands Board, Land District of Taranaki. Signed, sealed, and delivered by his Excellency George Augustus Constantine, Marquis of Normanby, Governor of New Zealand, (1.5.) Noemanby. in the presence of — H. W. Phipps, A.D.C. Signed, sealed, and delivered by the said Albert Cracroft Fookes, in the presence of— (1.5.) A. Ceaceoft Fookes. C. D. Whitcombe, Commissioner of Crown Lands, Taranaki. By Authority: Geobge Didsbtjky, Government Printer, Wellington.—lB7B. Price 6d.]