EXTRACTS FROM THE DESPATCHES OF THE ASSOCIATION.

Lyttelton Times, Volume I, Issue 5, 8 February 1851, Page 6

EXTRACTS FROM THE DESPATCHES OF THE ASSOCIATION.

We have received the following communication from Mr. Godley, which we' willingly insert for the information of our readers: — To the Editor of the " Lyttelton Times." Sib, —I send to you for publication such extracts from the despatches which I have received from the Association as appear likely to afford useful or interesting information to the colonists. I am, Sir, your obedient servant, John Rodeut Godlet. ***** In addition to town and rural allotments,, the first body of colonists are entitled to select pasturage allotments with the rights of pre-emption attached. I fear it will be difficult to suggest any exact rule as your guide, in assigning these pasturage allotments. It is more than probable that they will be selected beyond the limits of your present survey; and you will find it practically impossible to define them with any degree of exactness. Their selection will be determined by a great variety of local circumstances, which it is impossible to provide for. And yet, considering that there is attached to this right of pasturage, a right of preemption, which is in the nature of an inchoate title to the soil, it will be most desirable to define them with the utmost possible precision, so as to, avoid future disputes as to the title. Should it so happen that you may be able to describe them by plan, that undoubtedly will be the most eligible mode. Assuming, however, that to be impossible, I know no other mode than the common one adopted in this country of marking boundaries on open land by natural objects, such as rocks, trees, rivers. &c, or, if not attended with great inconvenience, by the aid of posts, stones, &c, taking, care to use in the license such words of description >■ ss may best and most accurately dis'thiguish the land.

You will observe that the Committee are not bound to set out, or give possession of, the pasturage allotments. This must be done by, and at the cost of, the purchasers themselves. These pasturage rights well be the subject ot_ distinct titles. I send the draft of a form of licencesuited for the purpose. Each purchaser of rural land will be entitled to such a pasturage licence, extending over five acres for every one acre of land, and the first body of colonists will be enabled to select their pasturage allotments in the same: order of priority as the rural and town allotments. But.as the Pasturage license is only a privilege of which parties may or may not avail themselves, ■y6urwill'norb"e'u¥der"iwy"oblipn;i(sn"tW"SßlectT)r-»?t-

iipait allotments for parties absent, or who may neglect or omit to insist on their rights.

It may be fairly assumed that ail persons exercising by themselves or their agents, their right of priority of choice for rural and town land, will at the same time require their pasturage licences. The case therefore will only remain of those, who from accident 01 other causes, may omit to exercise this privilege; as to whom, although the Association, will by its Officers, make choice for them of their rural and town land in due order, yet as to their pasturage allotments, they must be assigned according to the actual order of application for them at the Land-Office.

It will be needless for me at present to dwell particularly upon the subject of the pre-emptive rights over the pasturage land, or any matters connected with.it. It will not, in all probability, be called into exercise for some time to come. It will, however, be desirable so to explain to parties its nature, that its precise effect should be understood. It is, that during the period of the licence, but no longer, and therefore only so long as the Associaoion shall be masters of the territory, every holder of pasturage with such pre-emptive right attached, will be entitled at any time to purchase the whole for any part of his pasturage land at the same rate, and subject to the same conditions as to sectional quantity, shape, lines, &c, as his original rural land. Nor will any one be entitled to purchase over the head of such license, till after one months' notice at the Land-Office in the Colony. You will take care that in all cases of such notices, immediate communications are made to the parties interested, so as to give them an opportunity of exercising their pre-emptive rights. Notice should also be given, so far as circumstances will admit, to the actual occupiers of such pasturage land.

•From the documents accompanying your dispatch, the Committee observe with pleasure that you have made the best possible arrangement with parties locating themselves upon parts of the land, (as they must needs have done hitherto,) without a title.

The terms of your agreements with these parties appear sufficiently to meet the case. I would only observe that the purchasers, especially of the town lots, will of course require that their right of selection may be unfettered by any such arrangements. You will at the same time guard against any claims for compensation or indemnity, either against the Association or the purchaser. I send you the forms which have been adopted for the land orders. They consist, Ist. Of a principal land-order which alone will be an instrument of title. 2nd. A duplicate thereof to be used for the purpose of selection only. 3rd. A triplicate copy intended to be kept and used by yourself. The intended operation of these instruments is as follows :— The principal land-order will be retained by the purchaser, who will be enabled to transfer his right to the land, according to a form indorsed, and so from time to time the title may be transferred to subsequent indorses. By a bye-law ef the Association of which a copy is printed on the land-order, the Association have guarded themselves against recognizing any other title, and the conveyance of the land will only be made to the party named in the order or his indorsee. The original land-order itself must be in ,all cases delivered up, upon the conveyance being made. You will observe that this will be the only guard against a party obtaining a double conveyance, because it is intended that conveyances shall be executed both in this country and in the colony. The condition therefore of the delivery up of the land-order at the time of the sealing of the conveyance, is indispensable, and not to be departed from under any circumstances. The duplicate Land-Order for selection will, as to its material parts, be a counterpart of the principal Land-Order. It is described on its face as a

Duplicate Land-Order for selection,

It wttl en-

title the holder or indorsee to make selection of the •-« 'lau'tl- but will have no further operation. This is distinctly'declared on the face of the instrument. It must be delivered up to you at the time of selection, and you will he good enough to register and file all duplicates so delivered up, communicating with the Committee from time to time. "(The mode of delivering possession of the land to tbfe' purchasers you will arrange at your discretion. Upon this point the Committee would refer you for convenient guidance to Mr. Felix Wakefield's book on Colonial Surveys. „_ So soon as possession has been delivered, a certificate to that effect should be given, with a plan of the land annexed. I transmit a form of certificate, which appears to us convenient to be adopted. By the original terms of purchase, a particular day is fixed for receiving applications, for., selection from the first body of colonists. It was obvious that these applications would be simultaneous. Provision has been made for this by settling an order of choice, which has been already arranged

and which is understood as absolutely governing the order of selection.

You will be so good as to consider the order of selection, so settled and described by the lists sent herewith, as fixed; and by this the purchasers will be entitled to choose their rural and town allotments. To avoid all questions, you will consider all the applications for selection made to yon by the first body of colonists as made simultaneously upon the days respectively fixed i'or selection.

To meet the case of those who may from accident, or any other cause, omit to make application formally by themselves or their agents in due time, you will dispense with the production of duplicate land-orders and all the formalities required, and consider such applications as duly made simultaneously with the others; and in all such cases of default, in order to guard the parties ag;iinst the loss which they might sustain by postponing their right of selection (a loss which in some cases maybe serious), you will yourself make selection on behalf of the defaulting parties. You will consider this letter an authority to you for the purpose. Should you be unable conveniently to perform this task, you will be so good as to delegate it to some other person in whom you can place confidence for executing a delicate trust in an honest and disinterested manner. It need not be pointed out to you that such selection may involve questions of considerable importance in point of value. It should therefore he made with the most scrupulous regard to the interests of the parties concerned, and with the same mind, as far as possible, as if the parties themselves were acting each on Ins own behalf.

It is generally understood among the land-pur-chasers that this plan will he adopted.

You will take care to communicate the result of such selection as soon as may be to the parties interested, or some persons on their behalf, so that they may be made acquainted with it as soon as possible.

The Act of Parliament, of which I send twenty copies, will point out the mode.in which conveyances may be executed in the colony. A Letter-of-Attorney has been made under the Seal of the Company, enabling yourself, Mr. Brittan, Mr. Fitzgerald, and Mr. Ward, as the attornies of the Association, to execute Deeds in pursuance of the powers of the Act. A duplicate of this Power-of-Attorney will be forwarded by-the.next.ship I.send_a_for.m_pf conveyance convenient to be used.

A purchaser of several allotments may receive his conveyance if he pleases by one or several deeds. And rural and town allotments may or may not, at the option of the purchaser, be included in one deed. As these deeds will not be subject to stamp dutias, they will be attended- with-little- expense. At the same time, as establishing, or rather adhering, to a principle of practice adopted in this country, and attended with beneficial results, as well as with a view to the introduction of an improved system of transfer of real property at an early day, the Committee consider it highly desirable that purchasers should pay a small fee upon obtaining their conveyances, say 55., to be placed to the credit of the miscellaneous fund.

You will observe by the Act of Parliament, tliat the Committee has obtained power to use a duplicate seal in the colony, to be affixed to conveyances. This duplicate seal is in conrse of preparation, and will be forwarded at the earliest opportunity; till the receipt of which no conveyances can of course be executed. This duplicate seal can only be used for the particular purpose of executing conveyances in pursuance of the Act of Parliament.

It will have no force whatever in any other form. It should he most carefully preserved in your custody under four distinct locks and keys, which will be sent at the same time with the seal, each of the parties named in the power-of-attorney having the custody of a separate key.

The letter-of-attorney should be kept by yourself, but it may be required to be produced "from time to time b) r purchasers, or upon speeiaj occasions, as evidence of title under conveyances executed in pursuance of the powers of ifie Act. In such cases you should do everything which may be requisite for facilitating the evidence of title.

I send herewith, in addition to the letters-of-attorney already mentioned, a letter-of-attorney to yourself, which it has been considered advisable to prepare, to avoid all questio.n as to the sufficiency of your present letter-of-attorney, as enabling you to execute the powers created by the recent Act of Parliament. It is confirmatory of the former letter-of-attorney, and will merely have the effect of adding to its operation, whatever might be defective therein as to such new Parliamentary powers. A duplicate of such letter of attorney will be forwarded by the next ship. The Committee have, by an accompanying letter, made certain recommendation to you as to the Immigration Agency in the colony, as well as upon the subject of the Land-Office, and the individuals who in their opinion would properly be selected for the management-of those departments of business. -.iOftv

They iipplyV distinctly tounderstand that these or jxl- *»,nninendatious, are not intended to ■•■ i^ 011' ou lnaJ" con.-ider them ex-

pressions of their wishes and opinions so far as they can be formed, but upon these questions you, as the responsible agent of the Association, are quite at liberty to exercise an independent judgment, the Committee placing in you th c most implicit confidence.

Upon the general subject of financial arrangements, I shall address you by a separate letter. Upon this I would only remark upon the absolute necessity of your observing the most rigid economy, in all departments of the business of the Association, a necessity to which you are yourself perfectly alive.

With respect to the future sale of land, I enclose a copy of the draft of the proposed new terms of purchase now under discussion, to which I would call your special attention. They have not yet been finally settled, but the Committee entertain no doubt that they will, in all essential particulars, be approved of by Her Majesty's Government. They have been framed with great care.

I would call your attention to the change which is thereby propo.-ed to be made, enabling you to sell Town Allotments in the colony. As to these sales, it is proposed that the prices shall be fixed at the minimum amount specified in the Act of Parliament. But as the terms of purchase have not yet received the absolute sanction of the Government, I must caution you against effecting any sales, or otherwise acting upon the terms ofpurchase, until you receive expvess instructions from this country. So soon as you shall commence sales of town land, in the colony, you will be good enough to carry the amount of the proceeds in distinct proportions to separate accounts, to be opened by you in accordance with the terms of the charter, viz., One-third to the account of the Emigration fund One-third to the account of the Religious and Educational fund. One-sixth to the account of the funds or miscellaneous purposes. One-sixth to the account of the Crowri. '

. You will be so good as to apprize the Committee from time to time of all which may be done in re-: ference to these sales, anil of the amounts received by you, which you will hold for the time upon separate accounts, unless, or until you may receive instructions as to their appropriation. But in case of need, you are at liberty to make these funds available-for-expenses...ju_th_e_cplony., takingjearej to apply them strictly to their appiopriate objects.

i It has been considered inexpedient that sales of ■ rural land should take place in the colony; at least for some time to come. The great object appears to be, to supply from the mother-country a succes-~siorrof~colonist-purchasers, and -em jgr*»ts r untithe. colony has reached a certain degree of maturity, a point which has not yet,been attained. It wilt be unwise till then to transfer the sa,le'of land to t'.e colony, a course which would operate as a discouragement to sales in this country.

So soon as circumstances will permit, and the interests of the colony require it, this restriction as to the sales in the colon}', shall be removed. ■ On the subject of pasturage licenses, I .would only remark, in connection with the new terms ofpurchase, that the Committee desire you strictly to adhere to the rules there laid down, and. to take care that no deviation ..be made from them, under any circumstances. Having thus, as I believe, sufficiently adverted to all points of formal and teduiieal detail. I proceed to those general topics which will Le no doubt .felt by you of the greatest interest. * * . • To be continued.