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PROCLAMATIONS UNDER THE NEW CONSTITUTION.

[From the Wellington Government Gazette.] PROCLAMATION. By His Excellency Sir George Grey, a Knight Commander of the most Honorable Order of the Bath, Go(L,S.) vernor-in-Chief and C ommander-in-Chief in and over the Islands of New Zealand, and Vice-Admiral of the same, &c. &c., &c. Whereas an Act was passed in the fifteenth and Sixteenth years of the Reign of Her present Majesty, C. LXXII, intituled “ An Act to grant a Representative Constitution to the Colony of New Zealand *. And whereas the said Act, in accordance with the provisions thereof, was proclaimed in the said Colony of New Zealand on the Seventeenth day of January in the Year of Our Lord One Thousand Eight Hundred and fifty-three: And whereas, by the second clause of the* above recited Act, the following Provinces were established in the said Colony of New Zealand, namely — The Province of Auckland, The Province of New Plymouth, The Province of Wellington, The Province of Nelson, The Province of Canterbury, and The Province of Otago. And whereas, it was by the same clause of the said Act further enacted that “ the limits of such several Provinces shall be fixed by Proclamation by the Governor as soon as conveniently may be after the Proclamation of the said Act Now therefore, I, the Governor-in-Chief, do hereby Proclaim and Declare that the limits of the Provinces aforesaid shall be as follows, namely, The Province of Auckland shall be bounded on The North By the Coast line, including the Islands adjacent thereto. The Fast By the Coast line, including the Islands adjacent thereto. 'JFjtG West By the Coast line, including the Islands adjacent thereto. The South By the River Mokau to its source, thence by a right line running from the source of the Wokau, to the point where the Ngahuinga or Tuhua, the principal tributary of the Whanganui River, is intersected by the thirty-ninth parallel of South Latitude, thence Eastward by the thirty-ninth parallel of South Latilule to the point where that parallel of Latitude cuts the East Coast of the Northern Island of New Zealand. The Province of New Plymouth shall be bounded on Ihe North By the River Mokau to its source. The East By a right line running from the source of the River Mokau to the point where the Ngahuinga or Tuhua, the principal tributary of the Whanganui River, is intersected by the thirty-ninth parallel ol Sojnth Latitude,thence by the River Whanganui to the point where it is met by the Taumatamahoe Path leading from the River Waitera, thence by a right line running from the above described point on the Whanganui River to the mouth of the River Patea. The West By the Coast line including the Islands adjacent thereto. The South By the Coast line, including the Islands adjacent thereto. The Province of Wellington shall be bounded on The North By the Southern boundary of the Province of Auckland, as already described in this Proclamation. The East By the Coast line, including the Islands adjacent thereto. The North West By the Southern portion of the Eastern Sjoundary of the Province of New Plymouth, as already described in this Proclamation. The South West By the Coast line, including the Islands adjacent thereto. The South By the Coast line, including the Islands adjacent thereto. The Province of Nelson shall he bounded on The North By the Coast line, including the islands adjacent thereto The East By the coast lino, including the islands adjacent thereto. The West By the Coast line, including the Islands adjacent thereto The South By the River Hurunui to its source, thence by a right line drawn to the point where the River Kotu-urakaoka issues out of Lake Brunner, thence by the River Koln-urakaoka io its junction with the River Grey, thence by the River Grey to its mouth. The Province of Canterbury shall be hounded on The North By the Southern boundary of the Province of Nelson, as already described in this Proclamation* The Exist By the Coast line, including the Islands adjacent thereto. 'f'he West By the Coast line, including the Islands adjacent theieto. The South By the River Waijtangi to its source, thence by a right line running to the source of the River Awarua, thence by the Riyer Awaiuato its mouth. The Province of Otago shall be hounded on The North By the Southern boundary of the Province : of Canterbury, as already' desciibed in this Proclamation. The East By the Coast line, including the Islands adjacent thereto/

The West By the Coast line, including the Islands adjacent thereto. The South By the Coast line, including the Islands adjacent thereto, with the exception of Stewart’s Island, its adjacent Islands, and Sclanders Island, and the Island of Ruapuke. This Proclamation shall take effect within the Province of Wellington on and after the day of the date hereof, and within each of the other Provinces aforesaid on and after the day of the receipt of a copy hereof at the principal Town of such Province. Given under my hand, and issued under the Public Seal of the Is ands of New Zealand, at Governne r ~ House, at Wellington, in the Province of New Munster, in the Islands aforesaid, this Twenty-eighth day of February, in the Year of our Lord one thousand eight hundred and fifty-three. G. GREY, Governor-in-Chief. By His Excellency’s command, Alfred Domett, Civil Secretary. God Save the Queen ! PROCLAMATION.

By His Excellency Sir Geo roe Gret, a Knight Commander of the most Honorable Order of the Bath, Governor-in-Chief and Commander-in-Chief in and over the Islands of New Zealand, and Vice-Admiral of the same, &c., &c., &c. Whereas, by an Act of Parliament, 15 and 16 Viet., cap. Ixxii, intituled “An Act to grant a Representative Constitution to the Colony of New Zealand,” power is given to Her Majesty, subject to certain provisions therein contained, to regulate the Sale, Disposal, and Occupation of the Waste Lands in New Zealand: And Her Majesty is further enabled, by Instructions signified through one of Her Majesty’s Principal Secretaries of State, to delegate to the Governor of New Zealand any of the powers thereinbefore given to Her Majesty with respect to the said Regulation of the Sale, Letting, Disposal, and Occupation of such Waste Lands as aforesaid: And whereas such power has jbeen delegated to the Governor by Instructions received through Her Majesty’s Principal Secretary of State for the Colonies: Now therefore, I, the Governor of New Zealand, do hereby make and establish the following Regulations for the Sale and Disposal of the Waste Lands of the Crown in New Zealand; Sec. I. —Town Allotments and Suburban Allotments. 1. —Town and Suburban Lands to be sold by Auction. AH lands reserved as Town and Suburban allotments will be sold by Auction according to the Regulations hereinafter prescribed for Auction sales, arid at such prices as may be fixed by Government in the public Notice or Proclamation in which the intended sale of such allotments is notified. 2. — Regulation not to prevent sales of Land already open for purchase. The foregoing rule will not prevent the sale of such Town and Suburban allotments as are now open for purchase under former Regulations. Sec. ll.—Lands within the Limits of Hundreds. 3. — Lands inside Hundreds to be sold by Auction, unless in Hundreds exempted from this rule. Lands within the limits of Hundreds, (except in those Hundreds which may, upon petition of the inhabitants thereof or otherwise, be declared as not falling within this rule), will be sold by Auction in accordance with the Regulations hereinafter prescribed for Auction sales, and at such prices and in allotments of such extent as may be fixed by Government in the public Notice or Proclamation in which the intended sale of such lands is notified. 4. — -In which case the’Regulations of the next section to apply to such exempted lands. In those Hundreds or parts of Hundreds which may be declared not to fall within the preceding rule, all the regulations contained in the next section, relating to “ Proclaimed Lands Outside Hundreds,” shall apply to the lands so exempted. 6. —Preceding rules not to prevent sale of Lands within llundreds already offered for sale The preceding rules will not prevent the sale of such lands within Hundreds as are now open for purchase under former regulations. o. —Right of Pasturagcin Hundreds is confined to occupants of land under Grant from the Crown, <&c. The right of Pasturage on Waste lands of the Crown within any hundred is enjoyed exclusively by occupants of land held under Grant from the Crown, Pensioners enrolled for service in New Zealand, or persons of the Native or Halfcaste races, occupying land within the Hundred with the permission of Government. Sec. 111. —Proclaimed Lands Outside Hundreds. 7. —Rural Lands outside Hundreds to he sold at the fixed price of 105. per acre. In Districts outside Hundreds which may he proclaimed or notified as open for sale, the intending purchaser must pay to the Commissioner of Crown Lands (or otl er officer appointed in that behalf,) in cash or scrip, the price of any section or sections of land, (generally not to be less than forty acres in extent) which he may desire to select: the price for all lands so selected being at the rate of Ten Shillings per acre. A surveyor will then be sent who will lay off the the section or sections which may have been chosen, and will put the Purchaser in possession of the same. o. —But where Land is so unavailable that the Commissioner shall certify it is not worth 10 s. per acre, Lands so certified shall be surveyed and put up to A notion at ss. per acre. In Districts beyond the limits of Hundreds which may be proclaimed or notified as open for sale and which may appear to be, from their hilly and broken character or otherwise, so unavailable for agricultural purposes, that the Commissioner of Crown Lands shall, upon the application of an intending purchaser, certify to the Government that the lands applied for (or any parts thereof as the case may be) are not worth ten shillings per acre, the applicant must state the number of acres so certified as not being worth ten shillings per acre which he desires to purchase; and deposit with the Commissioner (or other officer appointed in that behalf) ten per cent, of the upset price next mentioned, in cash or scrip. Sucli lands will then be laid off by the surveyor in rectangular blocks of not less than 80 acres nor more than 640 acres in extent each, and these blocks will be offered for sale at Auction at an upset price of Five Shillings per acre, according to the Regulations hereinafter prescribed for conducting Auction sales. If some other person than the original applicant become the purchaser of such lands, then the deposit of cash or scrip made by such original applicant will be returned to him ; but if no other purchaser comes forward and the original applicant does not complete the purchase himself, the deposit of ten per cent, will be forfeited.

9. —Mineral sections, or other sections for which I there may be several competitors, may at any time [ he put up to Auction. Nothing contained in the foregoing Regulations shall be construed to prevent the Government from offering any Mineral section for sale by Auction, if it should be found to possess peculiar value, or any Rural section, if from the amount of population in the vicinity thereof, there may be several competitors who may appear to have equal claims to it. o—Rural0 —Rural allotments to he generally of a rectangular form, and extend at least forty chains in depth from roads, rivers, <£' C. Every allotment of Rural Land must, so far as circumstances and the natural features of the country will admitbe selected of arectaugularform, and, where fronting upon a river, road, lake, or coast, be of a depth from the front of at least half a mile. No such allotment must be selected so as to monopolise the wood or water in any particular locality. 11. —But in any cultivated localities allotments of irregular shape and small extent may be laid out. But in those neighbourhoods where there may be a considerable extent of cultivated land, and persons may desire to complete their properties by the purchase of adjoining lands in blocks of irregular shape and small extent, the Government will afford every proper facility for their doing so. And in such localities small blocks of land will be laid out, in as far as possible, to meet the views of intending purchasers. 12. —ln districts where the lines of road arc not laid out, a right of road reserved and allowance made in land from three to five per cent. Where lands shall be purchased in Districts in which all future lines of road have not been determined and laid out, a right of road will be reserved in the Grant, an allowance being made to the purchaser for such reserve according to the annexed scale : Purchasers of 500 acres or less will receive an allowance of 5 acres per cent. Purchasers between 500 and 1000 acres 4 “ Purchasers of more than 1000 acres 3 “ “ 13. —Right of pre-emption of homesteads granted to itui-holders at a fixed price of either 10s. or ss. per acre: the run holder, however, may be called upo7i to exercise this right. No person will he” allowed to purchase the Homestead of any occupant of a run held with the permission of Government, until the offer of purchasing such homestead shall have been made to the occupant of the run at the price of either Ten Shillings per acre, or Five Shillings per acre according to the quality of the land, as the same shall be certified by the Commissioner of Crown Lands. The occupant of the run will in such case be allowed to exercise the right of purchasing his homestead at such fixed price over an extent of land varying from ten to eighty acres, at his discretion. But the Government reserves to itself the power of requiring the occupant to exercise this right at any time after one month’s notice, although no person should have applied to purchase the land. 14. — Lands applied for, which form part of a sufficiently stocked run, will, provided they he certifi cd as unavailable for agriculture, be put up to auction at ss. per acre, after three months notice of sale shall have been given to the run-holder. If any intending purchaser, other than the holder of the run, shall apply to the Commissioner to purchase Lind forming a run or portion of a run which is with the sanction of Government in the bond fide possession of such holder; which shall in the opinion of such Commissioner be sufficiently stocked ; and which upon the application of the holder of the run to such Commissioner, shall be certified by him to be, from its hilly and broken character, or from some other cause, unavailable for agricultural purposes ; such run or portion of a run shall in that case be disposed of by public Auction at the upset price of five shillings per acre, and in accordance with the regulations hereinafter prescribed for auction sales ; but such sale shall not take place until after three month’s notice of the application to the Commissioner to purchase such land has been left at some station on the run. Sec. IV.— Unfroclaimed Lands. 15. — Applicants for lands in unproclaimed districts to make their own surveys if a government Surveyor cannot he sent. Any person desirous of purchasing Crown Lands in districts not proclaimed or notified as about to be surveyed for sale, must, after selecting the locality and determining the number of acres lie desires to purchase, give notice thereof to the Commissioner of Crown Lands ; when he will be required, if the government has no surveyor available for that purpose, to have such lands surveyed at his own expense by a surveyor authorised by Government in that behalf, whose survey must be duly approved before the applicant is allowed to complete the purchase. 16. — ln which case an allowance of five acres per cent, will be made. In such case an allowance of land will be made to the applicant at the rate of five acres for every hundred acres so surveyed. 17. —lf such land be sold at Auction and the original applicant he outbid, the originnl applicant writ he repaid, as the cost of such survey, a sum not exceeding one shilling per acre. If the land so surveyed should fall under the regulations for land to lie sold by auction, and the original applicant should not become the purchaser thereof, then the purchaser of the land, in addition to the amount he bid for the same, will be required to pay to the original applicant as the cost of surveying such land, such amount not exceeding one shilling per acre, as may he be assessed by the Commissioner of Crown Lands after taking such evidence respecting the cost of the survey as he may consider necessary. 18. —Allotments in unproclaimed districts not to he less than eighty acres in extent. No allotment of less than 80 acres in extent will be disposed of in any unproclaimed district. 19. —Certain rules for lands in proclaimed districts to be also applicable in unproclaimed. The rules in regard to Proclaimed Lands which relate to the prices of various kinds of land ; to their sale at fixed price or by auction ; to the shape of allotments; to the reservations for roads ; to the right of preemption of homesteads on runs ; and to the notice to be given to occupants of runs before land is sold by auction ; will equally apply to lands in unproclaimed districts. But where the applicant makes the survey at his own cost the deposit of ten per cent, referred to in Rule 8 will not be required. Sec. V.—Sales dv Auction. 20. — Lands sold hy Auction to he first surveyed and marked on plans. No lands shall be included in a Proclamation or Notice as about to be sold by auction, unless the same shall have been previously surveyed, and have been distinguished by tin appropriate mark upon a chart exhibited in the office of the Commissioner of Crown Lands. 21. P üblic notice of sale to be given, not more than three months nor less than one. Notice of the time and place at which any intended auction shall be held, as also of the allotments of land which will bo then offered for sale, shall be given by Proclamation or Public Notice, not more than three months nor less than one month before the same shall take place, 22. — Lands put up to A action and not sold may he purchased at the upset price ivithin three pears unless again put up to auction. It shall be competent to any person within

three years next after any auction, to become without any further auction the purchaser of any lands, so put up for sale as aforesaid and not then sold, by offering and paying for the same the upset price at which the same may have been put up for sale. Provided always that it shall be competent to the Government instead of permitting such lands to be purchased as aforesaid, to cause the same to be again put up to auction, giving such notice thereof as is hereinbefore provided. 23. — Ten percent, of the purchase money to he deposited at the sale and the remainder paid ivithin one month, or deposit forfeited. Immediate payment in cash of one-tenth of the purchase money shall be the condition of any such sale by auction, and the remaining nine-tenths of the purchase money must be paid by the purchaser within one calendar month next after the time of such sale by auction, or the one-tenth of the purchase money which has been deposited will be forfeited, and the original contract for the sale of the land will thenceforward be null and void. 24 — Lands on which deposit shall have been so forfeited may he purchased within three years at the price hid for them, deducting any deposit paid, unless again put up to Auction. In the case of lands thus forfeited by the noncompletion of the contract for their purchase, it shall be competent for any person within the next three years after the auction at which the bidding for such lands was made, to purchase such lands for the amount that was bid for them, after deducting the amount of any deposit that shall have been paid thereon. But this regulation will not prevent the Government from causing the same lands to be put up to auction again if it shall appear necessary to do so. Sec. Vl. —Government Scrip. 25. — Scrip to he taken as cash in the purchase of Toxvn and Suburban lots. The Scrip to be issued in satisfaction of claims under land orders of the New Zealand Company shall be taken in payment for Town and Suburban Land at the nominal value of such Scrip in pounds sterling. 26. Value at which Scrip shall he received in the purchase of rural lands of various denominations. In the purchase of Rural Land the Scrip shall be taken at such a value that one pound in Scrip shall represent the upset price or fixed price, as the case may be, of one acre of Rural Land at the date when the scrip may be tendered at the Treasury ; and for the protection of the Scrip holders this rule shall equally prevail if the general price of Country Land throughout the colony shall at any time be raised : XTovided always that in the purchase of all Rural Lands within the limits of hundreds, and of such Rural Lands outside the limits of Hundreds as may be put up to auction or sold at a fixed price under clauses 9 and il of these Regulations, one pound in Scrip shall represent its nominal value of one pound sterling, except where such fixed or upset price is lower than £1 per acre, in which case it shall represent such lower price only. 27. — Scrip not available in the purchase of Crown Land in certain localities. The Scrip will not be available in the purchase of Crown Land within the limits of any liuudred which shall have been proclaimed before the 2nd day of August, 1851, nor within the Town site of New Plymouth. Sec. YIL —Military Settlers. 28. — Military and Naval Officers to he entitled throwjhout, Crown Lands in New Zealand to privileges of Regulations of May , 1851 ; but the remission money sidycct to Regulations 25 and 26 as to Scrip. Military and Naval Officers will be allowed In all parts of New Zealand where there are Waste Lands of the Crown, the privileges accorded to them by the Regulations of May 1851. But the remission money given to them in the terms of those regulations wilt be subject to the rules 25 and 26 hereinbefore prescribed relative lo Government Scrip. Sec. Vlll —Appropriation of the Land Fund. 29. —After defraying the charges created hy Parliament, dec., the Land Fund to be applied to Public Works and Immigration , until otherwise directed hy General Assembly or Provincial Legislatures. After the charges made upon the Land Fund by the Act of Parliament 15 and 16 Viet., cap. 72, have been defrayed in the manner prescribed by law, the remaining portion of the Land Fund will, until the General Assembly or the Provincial Legislatures may otherwise direct, be devoted to Roads and Public Works, or to bringing out to New Zealand the friends and relatives of those persons who may undertake to defray, within twelve months after the arrival in the colony of the immigrants so brought out, one-half of the cost of their passage to this country, according to the following scale, namely : For Adults £l6 0 0 per head. Children between 7 and 14 years old 10 10 0 “ Children between 1 and 7 years of age 6 0 0 “ In districts where a Land Fund may not have been created by the sale of land, the Government will receive applications from persons desirous of having their relations or friends sent out and willing to enter into an agreement, guaranteed by some responsible person, for the repayment of the passage money within twelve months after their arrival in the colony. Sec. IX. — Fees on Crown Grants. 30. — The fees on the issue of any Crown Grant to he 20s. only. By the Local Ordinance, Session VII., No. XI., it is enacted that, before the delivery of any Crown Grant, the sum of Twenty Shillings shall be paid by the person duly authorized to receive such Grant: and no other fees for or in respect of the preparation of any such Grant shall be payable thereon. Sec. X. — Commencement of Regulations. 31. —Regulation to come into force, except as regards lands resered to the Canterbury and Otago Associations, fifteen days after the receipt in each Province of a copy thereof by the proper Officer. These Regulations shall come into force, in relation to all Demense Lands of the Crown in New Zealand which are not reserved to the Canterbury Association or Otago Association, in the several provinces, Fifteen days after the receipt of a copy hereof in each Province by the SurveyorGeneral, Commissioner of Crown Lands or Resident Magistrate ; who shall hy public notice make known to the inhabitants of the Province the day upon which he may receive such copy. 32.— Proclamation to take effect from date. This Px-oclamation shall take effect from the day of the date hereof. Given under my hand, and issued under the Public Seal of the Islands of New’ Zealand, at Government House, at Wellington, ip the Province of Wellington, in the Islands aforesaid, this fourth day of March, in the year of our Lord one thousand eight hundred and fifty-three. G. GREY, Qovernor-in-Chief. By his Excellency’s command, Ai-ruEB Domett, Civil Secretary. God Save the Q,ueen !

Permanent link to this item
Hononga pūmau ki tēnei tūemi

https://paperspast.natlib.govt.nz/newspapers/NZ18530402.2.12

Bibliographic details
Ngā taipitopito pukapuka

New Zealander, Volume 9, Issue 727, 2 April 1853, Page 3

Word count
Tapeke kupu
4,375

PROCLAMATIONS UNDER THE NEW CONSTITUTION. New Zealander, Volume 9, Issue 727, 2 April 1853, Page 3

PROCLAMATIONS UNDER THE NEW CONSTITUTION. New Zealander, Volume 9, Issue 727, 2 April 1853, Page 3

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