Page image

11

D.—sa,

General, or some person appointed by him for the purpose, a certificate in writing that such person is accepted as an eligible person to form one of the said special settlement party. 5. That in consideration of the said George Vesey Stewart organizing the said party, he shall be deemed to bo the leader thereof, and as such entitled to the special advantages hereinafter mentioned. G. That the said party shall consist of a sufficient number of families to take up and occupy under this agreement the whole of the said block of land, not being fewer than forty families. 7. That the said George Vesey Stewart, together witl» his family, and the said party, or such part thereof as hereinafter mentioned, shall embark for the port of Auckland or Tauranga, in a vessel to be provided by the said Agent-General at a port in Ireland. The ports of embarkation and landing to be arranged between the said Agent-General and the said George Vesey Stewart. 8. That the said George Vesey Stewart shall be entitled to make a first selection out of the said block, of five hundred acres, with an additional forty acres on account of his wife and forty acres on account of each of his children, provided that such land shall be taken in one block of a convenient form. 9. That each of the said party shall be entitled to an assisted steerage or third-class passage to Auckland or Tauranga, on payment for each individual of the sum of five pounds before embarkation. Single women between the ages of fifteen and thirty-five, children of parents having assisted passages, shall be entitled to free passages. 10. That each of the said party of the age of eighteen years and upwards shall be entitled to select and occupy forty acres, with an additional twenty acres in respect of each child between the ages of twelve and eighteen: provided that not more than three hundred acres shall be held and occupied by any number of persons forming one household. 11. That, as soon as conveniently may be after arrival, lots shall be drawn to determine the order in which the several persons shall be entitled to select the land to which they are respectively entitled, and a written permission to select given by the Waste Lands Commissioner accordingly. 12. That if any person, after receiving due notice, shall neglect, or refuse, or fail to attend to draw his lot, at a time and place to be appointed by the Commissioner of Waste Lands, the lots shall be drawn by those who attend, by themselves or by their agents ; and those so failing shall, on application, receive from the Waste Lands Commissioner a written permission to select in the order in which the applications are made. 13. The right of selection shall be exercised as soon as conveniently may be after the lots are drawn, or after permission given as aforesaid, and in any event within ten days after those times respectively ; and if any person fail to select within such ten days, his order of choice shall only entitle him to select after all those who are then ready to select have made their selections. 14. On a selection being made, the selector shall be entitled to receive from the Waste Lands Commissioner a certificate in writing authorizing him to occupy the land selected under the provisions and conditions of this agreement. 15. If any dispute or question shall arise in respect of the drawing of lots, or of any selection to be made under this agreement, the same shall be determined by the Commissioner of Waste Lands, and his decision shall be final and conclusive, and not liable to be questioned in any Court of law on any ground whatever. 16. At the expiration of three years from the date of the commencement of occupation, the said George Vesey Stewart, and every other occupier, shall be entitled to a Crown grant of the land, on his proving to the satisfaction of the Waste Lands Commissioner that he has, during the whole of the previous three years, been in the hondji.de occupation of the said land by continuous residence thereon, and that at least one-fifth part thereof is under cultivation. 17. The holder of a certificate of occupation shall also be entitled to a Crown grant at any time prior to the expiration of three years, on proof to the satisfaction of the Waste Lands Commissioner that the whole of the land comprised in the certificate is fenced and cultivated and a dwelling-house erected thereon. 18. The Waste Lands Commissioner, on being satisfied that any land comprised in any certificate has been bond fide occupied thereunder, shall, at the request of the person named in such certificate, authorize the transfer thereof to any other person, and the transferee shall have and be subject to the same rights, privileges, and liabilities as the person named in the certificate. 19. If an original holder of a certificate, or his transferee, shall cease to be in bond fide occupation of the land, such certificate shall become and be null and void, and all rights and privileges thereunder shall absolutely cease and determine. 20. If any question shall at any time arise as to whether any person has continued or ceased to be in bond fide occupation of the land, or otherwise fulfilled the before-mentioned conditions, such question shall be referred by the Waste Lands Commissioner to two or more Justices of the Peace, and the decision of such Justices shall be final and conclusive, and not liable to be questioned in any Court of law on any ground whatever. 21. In the event of the death of the lawful holder of any certificate before the issue of a Crown grant, the rights, privileges, and liabilities of such holder shall pass to his appointee in writing, and failing such appointment, shall pass to his personal representative, provided that he claims the same within two years from such holder's death ; and failing such claim, the land shall revert to the Crown free of all claims and liabilities whatsoever. 22. If the said George Vesey Stewart, together with his family, and at least thirty families, shall not arrive in one ship at Auckland or Tauranga, in pursuance and part fulfilment of this agreement, before the first day of January, one thousand eight hundred and seventy-sis, this agreement shall cease, determine, and be void; and neither the said George Vesey Stewart, nor any other person whomsoever, shall have any claim or demand to or in respect of the said land, or any part thereof, nor for any compensation on any account whatsoever in respect of the same, or of this agreement, or any matter or thing relating thereto or in connection therewith. 23. That if such thirty families shall arrive, as by this agreement required, before the first day of January, one thousand eight hundred and seventy-six, they shall be entitled at once to select their land, and the settlement shall be deemed to have been formed under this agreement, but the remainder of