APPENDIX.
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APPENDIX.
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NEW ZEALAND COMPANY.
INCORPORATED BY ROYAL CHARTER, A.D. 1841.
COURT OF DIRECTORS.
Governor.
THE HON. FRANCIS BARING, M.P.
Deputy Governor.
HENRY AGLIONBY AGLIONBY, ESQ., M.P.
Directors.
JOHN ELLERKER BOULCOTT, ESQ.
THE LORD COURTENAY.
ALEXANDER CURRIE, ESQ.
JOHN ROBERT GODLEY, ESQ.
THE BARON DE GOLDSMID AND DA PALMEIRA.
JAMES ROBERT GOWEN, ESQ.
ARCHIBALD HASTIE, ESQ., M.P.
SIR RALPH HOWARD, BART., M.P.
WILLIAM HUTT, ESQ., M.P.
GEORGE LYALL, JUNIOR, ESQ.
ROSS DONELLY MANGLES, ESQ., M.P.
ALEXANDER NAIRNE, ESQ.
THE RIGHT HON. THE LORD PETRE.
JEREMIAH PILCHER, ESQ.
ALDERMAN SIR JOHN PIRIE, BART.
JOHN ABEL SMITH, E. SQ., M.P.
THE RIGHT HON. THE EARL TALBOT.
ALDERMAN WILLIAM THOMPSON, ESQ., M.P.
GEORGE FREDERICK YOUNG, ESQ.
HER MAJESTY'S COMMISSIONER.
CHARLES COX, ESQ.
Agents for the Settlements.
PRINCIPAL AGENT AT WELLINGTON--WILLIAM FOX, ESQ.
RESIDENT AGENT AT NELSON--FRANCIS DILLON BELL, ESQ.
RESIDENT AGENT AT NEW PLYMOUTH--WILLIAM HALSE, ESQ.
RESIDENT AGENT AT OTAGO--CAPTAIN WILLIAM CARGILL.
-No. 1. -
THE NEW ZEALAND COMPANY.
STATEMENT OF LANDS FOR DISPOSAL.
THE COLONY OF NEW ZEALAND consists of Three Islands: the Northern, the Middle, and the Southern or Stewart's Island. It is divided at present into Two Provinces: the Northern Province, or New Ulster, comprising the Northern Portion of the Northern Island; and the Southern Province, or New Munster, comprising the Southern Portion of the Northern Island, and the whole of the Middle and Southern Islands.
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In this Colony, Four Settlements have been founded by the instrumentality of the New Zealand Company: in the Northern Island, Wellington and New Plymouth, on the Northern Shore of Cook's Strait; in the Middle Island, Nelson on the Southern Shore of Cook's Strait, and Otago on the South-Eastern Coast of the Island.
New Plymouth is at present annexed to the Northern Province, but is expected by the Company to be ultimately included in the Southern.
Public and Private Estates of the Company.
In the year 1845, Her Majesty's Government recognised the right of the Company to 1,300,000 Acres of Land, in consideration of its promotion of Colonising Objects.
Of these 1,300,000 Acres, the Company has selected 400,000 at Otago, and proposes to reserve 300,000 to be selected if practicable in the Ruamahunga or Wairarapa District, between the Settlement of Wellington and the Eastern Coast of the Northern Island; thus leaving 600,000 Acres if necessary for the Settlements on Cook's Strait, namely, Wellington Nelson and New Plymouth.
In the said Cook's Strait Settlements the Company has already sold to private individuals about 222,000 Acres, and has itself repurchased as its Private Estate (at the same rates as such individuals) about 29,000; making in all about 251,000 Acres; and leaving about 349,000, out of. the 600,000 above mentioned, not yet disposed of.
Difficulties having been experienced in giving beneficial possession of portions of the 222,000 Acres, the Company in the Month of November 1846 declared its readiness, with reference to the Settlement of Nelson, to adopt any plan of re-adjustment, not inconsistent with its duties to other parties, in a desire for which the Settlers should be unanimous. In the Month of February 1847, the Company further empowered its Principal Agent to adept any plan for the like purpose, which after consultation with the Landowners in the Settlement he should deem eligible. On the 1st of July 1847, the Resident Landowners and Agents in a General Meeting adopted a Report and Resolutions, embodying a plan which was confirmed by another General Meeting on the 3rd of September following. To this plan, with some modifications, the Company gave its assent on the 3rd of March 1848.
In the Month of December 1847, the Company further proposed to Her Majesty's Government that all questions arising out of the purchases of its Land which might not be otherwise adjusted, not only in Nelson but in Wellington and New Plymouth likewise, should be referred to the sole arbitration of Governor Grey; and that for the purposes of that arbitration, so much of the 600,000 Acres above mentioned, as then was or might be thereafter at the disposal of the Company, (together with the Company's Private Estate), should be placed at His Excellency's command. This proposal having been approved by Her Majesty's Government, instructions to give it effect were forwarded to Governor Grey, by the Secretary of State for the Colonies, in the Month of March 1848. And a reply has lately been received, dated 7th October 1848, in which His Excellency reports that, with regard to Wellington, an Arrangement had, through his mediation, been concluded between the Settlers and the late Principal Agent of the Company, with which the Settlers expressed their entire and unanimous satisfaction; that "with reference to the other Settlements of the Com-
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pany, he had found the differences with the Settlers at Nelson had been in point of fact adjusted, so that there appeared no reason for his interference in the affairs of that Settlement; and that nothing remained to be done but to adjust the questions which still remained open at Taranaki (New Plymouth), and although these questions involved some peculiar difficulties, and would therefore require more time for their adjustment, he had no doubt that they would be as satisfactorily disposed of as those which had been adjusted at Wellington."
Crown Grants have been executed in favor of the Company, and Copies have been received in England, for 209,247 Acres at Wellington, 68,896 Acres at Porirua (a District of the Settlement of Wellington), and 400,000 Acres at Otago. A Copy has also been received of the Grant executed for Nelson; but as the explanatory charts have not reached England, its precise contents are not yet known. Further Grants are likewise expected immediately for Wanganui (a District of the Settlement of Wellington), and for New Plymouth.
The Land-Questions having been thus adjusted, and Crown Grants thus issued, by which the Company is enabled to give immediate Conveyances to Purchasers, it now offers for sale under the annexed Terms those Portions of the 600,000 Acres mentioned above, which will remain undisposed of in the Settlements of Wellington Nelson and New Plymouth, after giving possession to previous Purchasers, satisfying the Arrangements above referred to, and defining the Company's Private Estate. (See No. 2, page 290.)
It also offers for sale, under separate Terms, the Unsold Portions of the 144,600 Acres which have been laid out in the Settlement of Otago, being part of the 400,000 Acres comprised in the Otago Block,
Agreement with H. M. Government.
Independently of the Company's right to the 1,300,000 Acres above referred to, in the Month of May 1847 an Agreement was entered into with Her Majesty's Government, that during a period of Three Years the Government should give up to the Company the entire and exclusive disposal of all Crown Lands, and the exercise of the Crown's right of preemption of Lands belonging to the Natives, in the Southern Province. In order to cany out that Agreement, an Act of Parliament was passed on the 23rd of July in the same year, intituled, "An Act to promote Colonisation in New Zealand, and to authorise a Loan to the New Zealand Company" (10 and 11 Victoria, c. 112), whereby all the Demesne Lands of the Crown in the said Province, and the rights of the Crown in reference to the same, were vested in the Company until the 5th of July 1850 and during such further time as should be directed by Parliament, in trust for the purposes and subject to the provisions and restrictions mentioned in the Act.
Under the Agreement in question, the Company with the aid of the Local Government has acquired, by purchase from the Natives, considerable Tracts of Land in the Middle Island, Crown Grants for which are expected shortly.
Portions of the said Land will be offered for sale as soon as fitting arrangements are made for that purpose.
Pasturage and other Licenses.
Licenses for the Pasturage of the Unappropriated Portions of the Lands
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comprised in the Cook's Strait Settlements, of the 400,000 Acres in the Otago Block, and of the Lands at the disposal of the Company not included in any Settlement, will be respectively issued under separate Terms. (See Nos. 3 and 4, pages 295. 298.)
Separate Licenses will also be issued for cutting Timber, for collecting Flax, and for raising Minerals.
By Order of the Court,
THOMAS CUDBERT HARINGTON, Secretary.
New Zealand House, 9 Broad-Street Buildings,
London, 23rd March 1849.
No. 2.
THE COOK'S STRAIT SETTLEMENTS.
TERMS OF PURCHASE OF LAND, UNTIL FURTHER NOTICE.
The Court of Directors of the New Zealand Company are prepared to dispose of Land in the Settlements of Wellington Nelson and New Plymouth, on Cook's Strait, in New Zealand, under the following Terms, until further Notice.
Size and Price of Allotments.
1. --The Allotments of Land in the Settlements of Wellington Nelson and New Plymouth, and their Prices including the Special Contributions for Emigration and other purposes mentioned in Paragraph 2, will for the present be respectively as stated below.
The Allotments are to he taken at the contents in Acres marked in the documents issued by the Company, or by its Principal Agent in New Zealand or other authorised Officer, be the same more or less.
The Purchase of the Surface will include Coal and all other Minerals whatever, granted to the Company by the Crown and lying underneath the Allotment purchased.
When any Suburban Allotments are laid out and opened for selection, in the vicinity of any Town or Village, the Prices will be stated.
| Wellington.
|
|
| Town of Petre-Allotment of 1/4 Acre
|
£12 10 0
|
| Rural-Allotment of 25 Acres
|
50 0 0
|
| Nelson.
|
|
| Town-Allotment of 1/4 Acre
|
£12 10 0
|
| Rural-Allotment of 25 Acres
|
50 0 0
|
| New Plymouth.
|
|
| Town-Allotment of 1/4 Acre
|
£12 10 0
|
| Rural-Allotment of 25 Acres
|
50 0 0
|
Appropriation of Proceeds.
2. --The Proceeds of Lands Sold under these Terms, to the extent necessary to complete the quantities heretofore offered for sale in the said Settlements respectively, will be appropriated in the following proportions and manner, viz.:--
Wellington.
Fund for Emigration and Supply of Labor
Purchaser's Passage.. 3s. 4d. in 1l., or 16 2/3 per cent.
Labor............ 11s. 8d. in 1l., or 58 1/2 per cent.
15s. in 1l, or 75 per cent.
Vendor's Fund..................5s. in 1l., or 25 per cent.
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Nelson.
Fund for Emigration and Supply of Labor:--
Purchaser's Passage .. 3s. 4d. in 1l., or 16 2/3 per cent.
Labor ............6s. 8d. in 1l., or 33 1/3 per cent.
10s. in 1l., or 50 percent.
Fund for Civil Uses:--
Founding and Maintaining the Settlement. 3s. 4d. in 1l., or 16 2/3 per. cent.
Public Objects, Steam.. 1s. 4d. in 11., or 6 2/3 per cent.
4s. 8d. in the pound or 23 1/3 per cent.
Fund for Religious and Educational Uses:--
Religious Endowments, &c. 1s. in 1l., or 5 per cent.
A College ..............1s. in 1l., or 5 per cent.
2s. in 1l., or 10 per cent.
Vendor's Fund.............3s. 4d. in 1l., or 16 2/3 per cent.
New Plymouth.
Fund for Emigration and Supply of Labor:--
Purchaser's Passage.. 3s. 4d. in 1l., or 16 2/3 per cent.
Labor................10s. in 1l., or 50 per cent. l 13s. 4d. in 1l., or 66 2/3 per cent.
Fund for Civil Uses:--
Founding and Maintaining the Settlement..Public Objects ... 1s. 8d. in 1l., or 8 1/3 per cent.
Vendor's Fund............5s. in 1l., or 25 per cent.
6s. 8d in 1l., or 33 1/3 per cent.
When the quantities of Land heretofore offered for sale in the said Settlements respectively are sold, the Appropriation of the Proceeds of subsequent Sales will be subject to revision and alteration from time to time, in such manner as circumstances may render necessary or expedient.
Mode of making Purchases.
3. --Purchases of Land may be made, under these Terms, either in the United Kingdom under the provisions of Paragraph 4, or in New Zealand under the provisions of Paragraph 5.
Regulations will be published from time to time by the Company's Principal Agent in New Zealand or other authorised Officer, regarding the Mode of selecting particular Allotments, the Times and Places at which Applications for such Allotments are to be made, the Way of making such Applications, the Payment of Purchase-Money, and any Other Matters which may be requisite for the information or guidance of Purchasers, in each Settlement respectively.
Purchases made in the United Kingdom.
4. --A person desirous of making, in the United Kingdom, a purchase of Land under these terms, may either determine at the time the Settlement in which the Land is to be taken, or postpone such determination, at his own option. In the former case, he will have a Privilege of recommending Laborers as hereinafter mentioned.
Such person will be required, previous to his Application being registered, to pay, either to Messrs. Smith Payne and Smiths, Bankers in London, or to the Commercial Bank of Scotland in Edinburgh, on the New Zealand Company's account, the full Price, including the Special Contributions for the purposes mentioned in Paragraph 2, of one or more entire Allotments of the Class of Land, whether Town or Rural, which he wishes to obtain; and to transmit the Bankers' Receipt to the New Zealand
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House, accompanied by a letter specifying the Number and Class of the Allotments so paid for, stating at full length the Name Surname and Residence of the Person in whose favor a Certificate of Payment is required to be prepared, and (if he be desirous of recommending Laborers) naming the Settlement in which the Land is to be taken. In exchange for the said Receipt, a Certificate will be issued, under the Seal of the Company, entitling the party therein named to credit for the sum stated, without interest, as payment for the Allotments which he may select accordingly.
A Purchaser of Land under the provisions of this Paragraph will be entitled to select the same, either by himself or his Agent, in entire Allotments, and under the Regulations in force at the time of selection in the said Settlements respectively, out of any Lands of the Class specified, in any of the said Settlements, (or in the particular Settlement named, as the case may be) which may then be laid out and declared by the Company's Principal Agent or other authorised Officer to be open for such selection.
Each Allotment will be assigned to the person who, after paying in full, may first make application for it at the Place and in the Way which may be respectively appointed under the Regulations in force in the Settlement, simultaneous Applications being decided by Lot.
For Lands purchased under the provisions of this Paragraph, Conveyances will be executed with as little delay as may be practicable.
A Purchaser under the provisions of this Paragraph will be entitled, at any time within Twelve Months from the date of making the payment in the United Kingdom, to receive 3s. 4d. in £1, or 16 2/3 per cent. (One-Sixth) of the sum so paid, as an Allowance towards defraying the expense actually and reasonably incurred for the Passage of himself and his Family to any one of the said Settlements, at the rates laid down by the Company.
If such Purchaser, at the time of transmitting the Bankers' Receipt, shall also name the particular Settlement in which the Land is to be taken, he will have the Privilege, at any time within Twelve Months from the date of payment in the United Kingdom, of recommending Laborers for Passages to the Settlement named, under the General Regulations of the Company, to the extent of the proportion of the sum so paid stated in Paragraph 2 as a Fund for the Supply of Labor in that Settlement; and the expense of the Passage of the said Laborers to the Settlement named, if they be approved by the Court of Directors, will be defrayed either in whole or in part, in accordance with those Regulations, out of the said Fund. Passages will be reserved for Purchaser's and for Laborer's recommended by them as above and approved by the Court, in the Ships chartered by the Company, provided that Applications for such Passages be made Six Weeks before the sailing of the Ship in which the parties desire to proceed.
If, through any act or neglect of the Purchaser, the Passage-Allowance be not claimed, or the Laborers be not recommended, within the period of Twelve Months from the date of payment in the United Kingdom, all claim to the said Allowance, or to the said Privilege of recommending Laborers, respectively, will become forfeited.
Purchases made in New Zealand.
5. --A person desirous of making, in New Zealand, a purchase of Land under these Terms, will be required to pay the full Price, including the Special Contributions for the purposes mentioned in Paragraph 2, to the person appointed to receive the same, under the Regulations in force at the time, in the Settlement where the Land is situated.
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Each Allotment will be assigned to the person who, after paying in full, may first make application for it at the Place and in the Way which may be respectively appointed under the Regulations in force in the Settlement, simultaneous Applications being decided by Lot.
For Lands purchased under the provisions of this Paragraph, Conveyances will be executed with as little delay as may be practicable.
With the exception mentioned in Paragraph 6, Purchasers under the provisions of this Paragraph will not be entitled to Passage Allowance.
Such Purchasers will have the privilege of recommending Laborers to the same extent and under the same conditions as Purchasers who have that Privilege under the provisions of Paragraph 4; with the exception only that Written Notice of the desire to make such recommendation, and full particulars of the Laborers recommended, must be given to the Company's Resident Agent in the Settlement within Six Months from the date of making the payment in New Zealand.
Purchasers from India or Ceylon.
6. --Purchasers proceeding direct to any of the Settlements above-mentioned, from India or Ceylon, will be placed so far on the same footing as Purchasers in the United Kingdom, as to have the like Allowance for the Passage of themselves and their Families to the Settlement at which they may first land; provided the amount be shown to the satisfaction of the Company's Principal Agent to have been actually and reasonably expended on such Passage, at rates proportionate to those of the Company from England; and provided also that the interval between the Purchaser's first arrival in any one of the said Settlements, and his purchase, (whichever be prior in order of time) do not exceed Twelve Months.
Disputes among Individuals.
7. --Disputes among Applicants and Purchasers are to be determined either by Arbitration or by Lot, if the parties concur in desiring either of these modes of decision; and, in default of such concurrence, by the Company's Principal Agent or other authorised Officer. Such determination to be in every case conclusive and binding as against all parties interested.
But if the Company's Agent or other Officer decline to give any decision, the parties to be at liberty co have recourse to such remedy as they possess, at Law or in Equity.
By Order of the Court,
THOMAS CUDBERT HARINGTON, Secretary.
New Zealand House, 9, Broad-street Buildings,
London, 23rd March 1849.
- No. 3. -
THE COOK'S STRAIT SETTLEMENTS.
TERMS OF PASTURAGE, UNTIL FURTHER NOTICE.
The Court of Directors of the New Zealand Company are prepared to allow, until further Notice, the issue of Licenses for the Pasturage of Lands at the disposal of the Company in the Settlements of Wellington Nelson and New Plymouth, on Cook's Strait in New Zealand, under such Regulations, subject to the following conditions, as may be prescribed from time to time by the Company's Principal Agent in New Zealand or other Officer duly authorised in that behalf.
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Duration of Licenses.
1. --Licenses for the Pasturage of Land in the several Settlements of Wellington Nelson and New Plymouth, while such Land continues unappropriated and not required for any purpose other than Pasturage, to be granted for periods not exceeding One Year nor less than Six Months, to end on the 31st of December in each year, but to be otherwise sooner determinable as hereinafter mentioned.
Licensees.
2. --The persons qualified to hold such Licenses in each Settlement respectively, on making application as hereinafter mentioned, to be the Owners of not less than Twenty-five Acres of Rural Land in the same Settlement under Titles originally derived from the Company; or, with the consent of such Owners, then-- immediate Lessees or Tenants to the like extent; in the latter case, however, the Owner not to be qualified to hold a Pasturage-License in respect of the same Land as his Tenant.
Applications for Licenses.
3. --Applications for such Licenses to be made in writing, to be delivered, within the periods hereinafter mentioned, to such persons and at such times and places as may be appointed by the Company's Principal Agent or other authorised Officer; and to contain the following particulars , or such others as the said Agent or other Officer may deem necessary, viz.:--
Name and Residence of the Applicant;
Quantity of Rural Land under Titles originally derived from the Company, held by the Applicant in the same Settlement as Owner, and not let (with the Privilege of Pasturage thereto attached) to any Lessee or Tenant;
Quantity of Rural Land under Titles originally derived from the Company held by the Applicant in the same Settlement (with the Privilege of Pasturage thereto attached) as the immediate Lessee or Tenant of the Owner, with the Name and Residence of such Owner; Number and Description of the Live Stock proposed to be depastured under the License.
Apportionment of Pasturage.
4. --The extent or amount of Pasturage to be enjoyed by each Licensee, and the mode of using the same, to be decided in each Settlement by Wardens elected annually under the following arrangements; but no License to be granted, within the boundaries of any of the said Settlements, for any Defined Pasturage-Run.
A Public Advertisement to be issued by the Company's Principal Agent or other authorised Officer, in the Month of October in each year, calling a General Meeting of the persons qualified to hold Licenses in the Settlement, to be held on a specified day in the ensuing Month.
At the Meeting held accordingly in the Month of November, Three Wardens to be elected by a majority of Votes, for the year commencing on the 1st of December then next ensuing; each Person duly qualified and present at such Meeting to have one Vote; the Company's Principal Agent or other Authorised Officer to preside, but to have no Vote except in the case of an equality of Votes.
In the event of the death resignation or refusal to act of any of the
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Wardens so elected, the remaining wardens to supply the Vacancy by electing his Successor within One Month.
Applications for Licenses, in the prescribed Form duly filled up, to be delivered to the appointed persons and at the appointed times and places on or before the 15th days of the Months of November and May respectively.
Licenses, to take effect respectively on the 1st of January and the 1st of July then next ensuing, to be issued to Applicants duly qualified, and a List of the Licensees with an Abstract of the contents of their several applications to be supplied to the Wardens, by the Company's Principal Agent or other authorised Officer, on or before the last days of the said Months of November and May.
The Pasturage in each Settlement to be apportioned, the mode of using it to be decided, and the parties interested to be apprised accordingly, by the Wardens, in the Months of December and June for the Half-years commencing respectively on the 1st of January and the 1st of July then next ensuing.
In such Apportionment, regard to be had to such General Rules as the said Wardens may deem suited to the circumstances of the case or to the condition of each Settlement respectively; the Privilege of Pasturage, however, to be in proportion to the Quantity of Land in respect of which each License may be held.
New Purchasers of Land, being duly qualified and making the requisite Application, to be admitted to a proportionate Privilege of Pasturage at each Half-Yearly Apportionment.
In every case, the Apportionment of the Pasturage and the Regulations as to the mode of using it to be agreed to by Two at least of the Wardens for the time being; in the event of their failing, from non-agreement or other cause, to make any such Apportionment and Regulations within the respective Months of December and June, or to fill up a Vacancy within One Month after such Vacancy occurring, the powers hereby intended to be conferred upon such Wardens in regard to those duties respectively, to be thereupon held and exercised in each case respectively by the Company's Principal Agent or other authorised Officer.
Yearly Charges on Licenses.
5. --The said Licenses to be subject to no Charge whatever, except the Fee mentioned in the next Paragraph.
Fees on Licenses.
6. --On the issue of each License, a Fee to be paid of Ten Shillings and Sixpence.
Reservation of Rights.
7. --Any portion of the Pasturage-Land to bo liable to be taken at any time by the Company's Principal Agent or other authorised Officer, for any purpose other than Pasturage.
No License to confer any right to the soil; or power of breaking-up the same, or of sub-letting the Pasturage apart from the Land in respect of which the License is issued, without the consent of the Company's Principal Agent or other authorised Officer; or otherwise to abridge or suspend the rights and powers of the Company in and over the Land to be depastured.
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Improvements.
8. --No allowance to be made to the Holder of any License for any Improvements which he may think proper to effect.
Disputes among Individuals.
9. --Disputes among Licensees to be determined by Arbitration, if the parties concur in desiring that mode of decision; and, in default of such concurrence, by the Company's Principal Agent or other authorised Officer. Such determination to be in every case conclusive and binding as against all parties interested.
But if the Company's Agent or other Officer decline to give any decision, the parties to be at liberty to have recourse to such remedy as they possess, at Law or in Equity.
Non-observance of Terms.
10. --In the event of neglect or non-observance, by any Licensee, of these Terms or of the Regulations to be prescribed by the Company's Principal Agent or other authorised Officer as above-mentioned, the License to be ipso facto determined and to become null and void as by lapse of time; and the Company's Principal Agent or other authorised Officer to be at liberty to resume forthwith the Pasturage thereby allowed, and the Wardens to apportion the same as if no such License had ever been issued.
By Order of the Court,
THOMAS CUDBERT HARINGTON, Secretary.
New Zealand House, 9, Broad-Street Buildings,
London, 23rd March 1849.
-No. 4. -
LANDS NOT INCLUDED IN ANY SETTLEMENT.
TERMS OF PASTURAGE, UNTIL FURTHER NOTICE.
The Court of Directors of the New Zealand Company are prepared to allow, until further Notice, the issue of Licenses for the Pasturage of Lands in New Zealand at the disposal of the Company and not included in any Settlement, under such Regulations, subject to the following conditions, as may be prescribed from time to time by the Company's Principal Agent in New Zealand or other Officer duly authorised in that behalf.
But with regard to Lands in the immediate vicinity of the Otago Block, such Regulations may become subject hereafter to the particular Provisions contained in the Terms laid down separately for that Settlement.
Duration of Licenses.
1. --Licenses for the Pasturage of Land at the disposal of the Company and not included in any Settlement, while such Land continues unappropriated and not required for any purpose other than Pasturage, to be granted for periods not exceeding One Year, to end on the 31st of December in each year but to be otherwise sooner determinable as hereinafter mentioned.
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Licensees.
2. --Licenses for particular Pasturage-Runs to be granted to the persons who may first make application for such Runs, respectively, in accordance with the Rules laid down in Paragraph 3.
In the event of Two or more Persons making application for the same Run in accordance with the said Rules, one of which Persons is at the time the Licensee of the said Run, a preference to be given to such Licensee, subject of course to the conditions which may be in force at the time. In all other cases, simultaneous Applications to be decided by Lot.
Applications for Licenses.
3. --Applications for such Licenses to be made in writing; to be delivered to such persons and at such times and places as may be respectively appointed by the Company's Principal Agent or other authorised Officer; and to contain the following particulars, or such others as the said Agent or other Officer may deem necessary, viz.:--
Name and Residence of the Applicant;
Situation Boundaries and Estimated Extent of the Pasturage-Run applied for;
Estimated quantity of Live-Stock which the said Run is capable of sustaining; and,
Number and Description of the Live-Stock proposed to be depasture under the License.
Apportionment of Pasturage.
4. --The extent of the Pasturage-Run to be comprised in any License, the Boundaries of the Run therein specified, and the Quantity of Live-Stock which the said Run is to be deemed capable of sustaining, to be decided by the Company's Principal Agent or other authorised Officer; and, in the event of difference between such Agent or Officer and the Applicant, by two Arbitrators, one appointed by each of the said parties, with power to elect an Umpire.
The Boundaries of each Pasturage-Run, if not marked by streams or other natural boundaries, to be marked by the Licensee, by lines of marked trees, by posts placed at intervals, or by some other method which will render them easily discernible.
Yearly Charges on Licenses.
5. --Each License to be subject to a Yearly Charge (exclusive of the Fee on its issue), payable as undermentioned, and calculated on the quantity of Live-Stock which the Pasturage-Run therein specified is deemed capable of sustaining, at the following rates, viz.:--
For Sheep, each .............................. 1d.
For Horned Cattle or Horses, each .............. 8d.
The said Charge to be paid Half-Yearly in advance, under penalty of forfeiture and determination of the License, and to continue to be so paid whether the Run be actually used by the Licensee or not.
A proportionate part to be returned, in the event of the License being either wholly or partially determined or abridged before the expiration of the Half-Year.
Fees on Licenses.
6. --On the issue of each License, a Fee to be paid of an Amount to be fixed by the Company's Principal Agent or other authorised Officer, not
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exceeding Five Pounds, in addition to the Half-Year's charge above-mentioned.
One-Half only of such Fee to be paid upon any License issued subsequently to the 31st of May for the portion of the year ending on the 31st of December following.
Reservation of Rights.
7. --The License to be subject to determination or abridgment, and any portion of the Pasturage-Run to be liable to be taken at any time by the Company's Principal Agent or other authorised Officer, for any purpose other than Pasturage, after a Notice of Six Months, without reference to the date or commencement of the License.
No License to confer any right to the soil; or power of breaking-up the same, or of sub-letting the Pasturage, without the consent of the Company's Principal Agent or other authorised Officer; or otherwise to abridge or suspend the rights and powers of the Company in and over the Land to be depastured.
Improvements.
8. --No Allowance to be made to the Holder of any License for any Improvements which he may think proper to effect.
Disputes among Individuals.
9. --Disputes among Applicants or Licensees to be determined either by Arbitration or by Lot, if the parties concur in desiring either of these modes of decision; and, in default of such concurrence, by the Company's Principal Agent or other authorised Officer. Such determination to be in every case conclusive and binding as against all parties interested.
But if the Company's Agent or other Officer decline to give any decision, the parties to be at liberty to have recourse to such remedy as they possess at Law or in Equity.
Non-observance of Terms.
10. --In the event of neglect or non-observance, by any Licensee, of these Terms or of the Regulations to be prescribed by the Company's Principal Agent or other authorised Officer as above-mentioned, the License to be ipso facto determined and to become null and and void as by lapse of time; and the Company's Principal Agent or other authorised Officer to be at liberty to resume forthwith the Pasturage-Run therein-mentioned, and to dispose of the same as if no such License had ever been issued.
Non-surrender of Possession.
11. --In the, event of refusal or neglect to give up possession on the determination of any License by lapse of time or otherwise, the Licensee to be liable, during the continuance of such refusal or neglect, for the payment of a Sum equal to Three-times the amount of the Charge reserved in the said License, without prejudice to any other right or remedy which the Company may possess.
By order of the Court,
THOMAS CUDBERT HARINGTON, Secretary.
New Zealand House, 9 Broad Street Buildings,
London, 23rd March 1849.
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