"THE AUCKLAND WASTE LANDS ACT AMENDMENT ACT 1862."

New Zealander, Volume XVIII, Issue 1727, 27 September 1862, Page 6

"THE AUCKLAND WASTE LANDS ACT AMENDMENT ACT 1862."

No. 34.

An Act to amend the “ Auckland Waste Lands Act 1858.” Whereas it is expedient to amend the “ Auckland Waste Lauds Act 1858” as hereinafter set forth

Be it therefore enacted by the General Assembly of New Zealand in Parliament assembled and by the authority of the same as follows

1. The Short Title of this Act shall bo “ The Auckland Waste .Lauds Act Amendment Act 1862.”

2. Whereas under the provisions of the “Auckland Waste Lands Act 1858,” certain Land Orders have been and may hereafter bo issued entitling the holders thereof to the selection of Land subject to the condition of residence in the Province of Auckland for a period of four years and it is expedient to reduce the term of residence required in the said Province to three years and to alter the other provisions of the said Act in accordance with the said amendment Be it therefore enacted that sections 71 72 77 78 and 79 of the Auckland Waste Lands Act 1858” are hereby amended by substituting in each of the said sections respectively the word “three” for tho Avord “five” and the said sections shall be read and construed as if tho Avord “three” has been inserted therein iu each part thereof instead of tho Avord “ five.” 3. Section 79 of the “Auckland Waste Lands Act, 1858,” is hereby further amended by substituting for tho Avords “forty eight” the Avords “thirty six” and tho said section 79 shall be read and construed as if the Avords “thirty six” had been inserted therein in each part thereof instead of tho Avords “forty eight.” 4. All Lauds which may have been or may hereafter be selected under any Laud Orders issued under the “Auckland Waste Lauds Act 1858” or under this Act shall bo forfeited to tho Crown unless a Cfoavu Grant of such Lands be applied for Avithin tAvelvo months after the passing of this Act or Avithin tAvolvo mouths after the person Avho has made or may make such selection shall become entitled to such Grant. 5. And Avhereas under tho 80th and 81st sections of the said “Auckland Waste Lauds Act 1858” certain Naval and Military officers and other persons therein described Avho may retire or obtain their discharge from tho Services therein mentioned or having retired or obtained their discharges for tho purpose of settling in tho Province of Auckland are entitled to Land Orders as therein set forth And Avhereas it is desirable to ulloav tho persons described in the said clauses 80 and 81 avlio may retire from the Services therein mentioned Avith a vioAV of settling in any part of the Colouy of New Zealand and who may

desire to settle in the Province of Auckland the same right to Land Orders && tho g 7 had actually retired from such Service foi the purpose of settling in the rovl “ Auckland Be it therefore enacted that all Naval and Military Officers and other person described in clauses 80 and 81 of the » “Auckland Waste Lands Act 1 - may retire or obtain their discharges the Services in the said clauses mentioned lo the purpose of settling in the Colony of We Zealand and who may desire to settle m the Province of Auckland shall be entitled Land Orders entitling them to select Land iu the same proportions and in like manner as if such settlers had retired from the said Services specifically for the purpose of l settling in the Province of Auckland Provided that any such Land Order shall bo applied for within twelve months next after sue retirement or discharge as aforesaid except in the case of one Charles St. John Herbert late of Her Majesty’s 58th Regiment who may apply for and obtain such Land Order within three months after the passing of this 6. And whereas under the Land Regu* lations of the Province of Auckland of date 15th March 1855 certain persons described in the Naval and Military Settlers clauses numbers 37 and 38 of the said Regulations were entitled to money certificates which should be received for the amount therein expressed in payment for any special occupation Land which the person entitled to money certificate might select. And whereas by the said Regulations of 15th March 1000 conditions of improvement attached to all the special occupation Land which such persons might so select. And whereas by the said « Auckland Waste Lands Act 1858” the same class of persons are allowed to acquire Laud free of cost without any snch conditions ot improvement and it is desirable to place those persons who selected Land under the Regulations of 15th March, 1855, upon the same terms as now exist with regard to persons o the same class who select Land under the “Auckland Waste Lands Act 1858” Be it therefore enacted that the class of persons described in the 37th and 38th clauses of the said Regulations of 15th March 1855 and who may have selected Lands under those Regulations shall be entitled to obtain Crown Grants for the Lauds which they have selected free from any preceding conditions of improvement and as if their selections of Land had been duly made under the provisions of the “Auckland Waste Lands Act 1858 7. And whereas it is desirable to make further provision in addition to the provisio-. of the “ Auckland Waste Lands Act 1858” for encouraging Immigration from the United Kingdom and elsewhere (other than the Australian Colonies) Be it therefore enacted that every Immigrant who shall receive from the Immigration Board appointed as hereinafter provided a Certificate of approval of such Immigrant shall be entitled to a Laud Order authorizing such Immigrant to select from any Lands specially set apart for Immigrants under this Act after the following rate :

For each adult Male twenty acres of General Country Laud and one acre of Town or Village Land. For each adult Female Ten acres of General Country Land. For each child under the age of 21 years one acre of General Country Land. And every such Immigrant shall be entitled to a Crown Grant for the Land which he may have selected upon compliance with the following conditions : 1. The Repayment to the Province of any sum or sums of money which may have been paid or agreed to he paid or lent or advanced by the Province for the passage money or otherwise at the request or on account of or to such Immigrant at such times and subject to such conditions as may be prescribed in that behalf by the Superintendent and Provincial Council of Auckland, 2. The payment by such Immigrant to the Province within Ten years from his arrival in the Colony of the sura of £o for the one acre of Town or Village Land and the sum of £2 for every acre of General Land which he may be entitled to. 3. The payment of Interest upon all such sums at the rate of six pounds per centum per annum such Interest to be payable yearly from the date when the same shall commence to run.

8. It shall be lawful for the Superintendent from time to time to declare by Proclamation that a certain block of Land therein described shall be set apart and reserved for Immigrants who may be willing to avail themselves of the provisions of this Act. 9. It shall be lawful for the Superintendent at any time to revoke such Proclamation and the Laud therein comprised shall be open to be classified and dealt with as though the same had not been set apart and reserved as aforesaid Provided always that the validity of any Act which shall have been done under such Proclamation before the revocation thereof shall not bo elfected by such revocation.

10, The Immigration Board referred to iu the 1 th Section of this Act shall be appointed by the Superintendent with the advice of the Executive Council of the Province. 11. The Superintendent and Provincial Council of Auckland may make Regulations foi the conduct of the proceedings of the Immigration Board referred to in the 7th Section of this Act and for the Issue Registration and Transfer of Laud Orders which may be issued under the 7th Section of this Act and for prescribing the method and time of allotting or dividing the Lauds which may be set apart under the Bth Section of this Act and for prescribing conditions of occupation or otherwise and for any other purposes in furtherance of the objects of the 7th Bth and 9th Sections of this Act Provided that such Regulations be not repugnant to the provisions of this Act and that such Regulations be reserved for the approval of the Governor.

12. Ami whereas certain persons after having selected Lauds in the Province of Auckland under the provisions of tho Auckland Waste Lands Act 1858 subject to tho conditions ot residence within the said Pro vince have been serving in the Colonial Militia m othd parts of the Colony and it is desirable that the time of such service in such Militia in any part of the Colony after such selection us been made should bo deemed equivalent to residence in tho said Province Be it heroforc enacted that all the persons who having selected Lands in the Province of Auckland under tho provisions of the said Act subject to the conditions of residence within the said Province have served or shall serve in the Colonial Militia in any part of New Zealand shall be entitled to reckon Ae

time of such service in the Colonial Militia as part of the time of residence in the Pr o : vince of Auckland required of then by the said Act or by this Act. , 13. Whenever under any act ot the Provincial Council any person shall be entitled to compensation for any land which shall have been or may bo taken for the purposes of a Road or any other public work or in respect to damage done to his property by the taking of such land for such purposes and the person so entitled to compensation shall agree to take such compensation in Land It shall bo lawful for the Commissioner of Waste Lands in comformity with the award which may be made under any such Act to issue to the person so entitled to compensation Scrip authorising such person to select Lands within the Province upon the terms therein set forth And the Governor may execute Crown Grants for any Lauds so selected. 14 The superintendent may cause any allotment of Country Land of less than Forty acres in extent to be sold under the Regulatious now in force for the sale of Country Lands anything in the said Regulations to the contrary notwithstanding. 15. The 7th Bth 9th 10th and 1 1th Section of this Act shall come into operation in the Province of Auckland only when proclaimed by the Governor at the request of the Superiutendent and the Provincial Council thereof. 16. This Act shall be reserved for Her M-iiestv’s assent and shall come into operation on a day (after such assent given) to be fixed by the Governor by Proclamation in the Government Gazette of the Colony.