Immediately upon their settlement at Waipu the people wrote their friends at St. Ann’s, Nova Scotia. They described the new country in which they had found a home as "The Land of Goshen." Here was a land, they said, of perpetual sunshine, a rich soil, a total absence of any animals injurious to man, and abundance of cheap land, with endless opportunities for successful home-making. Their lots had fallen in pleasant places, and they strongly advised all who could to come and join them. These letters produced as much commotion in St. Ann’s as did Captain Donald McLeod’s letter from Adelaide. Meetings were called and the letters discussed, when it was decided they should build their own ship and set sail for New Zealand. The adventure was not now considered a mad one. Here, after much wandering and many privations, their people had found the Promised Land, and it was evident the Hand of God had been directing them. Ship-building, however, was a slow process, and many months must elapse ere they could build and equip a suitable vessel. Then, too, they would have to dispose of their land and stock. Leaders, however, were not awanting. The keel of a new ship had been laid, and early in the summer of 1856 she was ready for launching. Buyers had come forward and purchased their land, so that no difficulty was encountered in disposing of their stock. Early in June, 1856, their ship, the "Gertrude," of 250 tons, was ready to sail, and on June 24 she left St. Ann’s with 176 souls on board bound for Auckland.

Amongst those who sailed in her was a Mr. John Munro and his family. He had been a member of the Nova Scotian Legislature, and so had considerable knowledge of business affairs. The "Gertrude" called at Capetown for supplies. While there, Mr. Munro called upon Governor Grey and explained that he had come from Nova Scotia with a shipload of people on the lookout for a new home. Would they be welcome in South Africa, and, if so, on what terms could they procure land? After some consideration, he was informed that if he and his party decided to remain in South Africa they would be given a settlement of their own, with 40 acres freehold for each adult and 20 for each child, with any additional lands at ten shillings per acre. He asked for these terms to be put into writing so that he might show them to his people. This was done, and the terms discussed on board; but as they had decided to visit New Zealand they might as well proceed and see what New Zealand had to offer them. The "Gertrude" arrived in Auckland on December 25, 1856. Immediately on arriving Mr. Munro interviewed Governor Gore-Brown (Sir George Grey having meantime been recalled) and explained the situation to him. The Governor referred him to Mr. John Williamson, who at that time was Leader in the Legislative Council. Mr. Williamson heard his story, but said he could do nothing as Mr. Robert Graham, the Leader of the Opposition, was too powerful. Mr. Munro then said that in those circumstances he and his people would return to Capetown and settle there. This threat set Mr. Williamson athinking, and he afterwards made the following offer:—A fresh election was pending, and if Mr. Munro and his party would land and become settlers they might take part in the election, and he (Mr. Munro) might become a candidate for the House of Representatives. Then, if Mr. Williamson should be returned to power and if Mr. Munro joined them, legislation on the lines desired by Mr. Munro would be introduced. All this came to pass as prearranged, so this band of Nova Scotians and all future comers from Nova Scotia were to secure 40 acres of freehold for each adult and 20 acres freehold for each child who paid their own passages to the Province of Auckland. The people desired to proceed to Waipu, so the Waipu block of 47,600 acres was declared a special settlement, and only Nova Scotians would be permitted to settle within its bounds. The best part of the block had already been largely occupied, but all of it came under the new Act. This peculiar arrangement remained in force for some 40 years, and probably to the detriment of the settlement. When the new law came into force all the newcomers moved on to Waipu and took possession of the lands allotted to them. There was great joy in Waipu when the newcomers arrived. They were heartily welcomed, and every home was opened to them. What a contrast to St. Ann’s and Nova Scotia. Here, in mid-December, was glorious sunshine and green fields. The seasons were reversed, but the climatic conditions were excellent. No fur clothing and no log fires were necessary. They brought with them many things that were sorely needed in the new settlement, so the honours were equally divided. Friend met friend, countless strange experiences were recounted, and all were happy.

EXTRACTS

By O. N. CAMPBELL, Esq., Commissioner of Crown Lands, Auckland,

From Appendices to the Journals of Legislative Council and House of Representatives.—C-8, 1856.

Auckland, December 15, 1833.

Sir,— Your Excellency is already aware, from correspondence with the Rev. Mr. Norman McLeod, of Melbourne, Pastor of a community of Highland families now in that Colony, that it is anxiously desired by them to emigrate to New Zealand, where they expect to find a country suited to their wants, and they are now ready and most anxious to come here provided a suitable locality can be obtained for a settlement.

I may mention that there is a party of about 250 in Melbourne, natives of the Highlands of Scotland, and who went there about two years ago from Nova Scotia. Another party of them (of whom I was one) went to Adelaide, and after remaining there about twelve months, that Colony was found unsuitable, on account of which we left it and came here, a short time back, in the schooner "Gazelle," amounting in number to about 100 souls. Since our arrival we have been making every enquiry and effort to discover a suitable locality for fixing a settlement.

Besides the numbers already alluded to, I have advices that other three or four vessels are preparing to start from Nova Scotia to bring many more families on receiving the first encouraging intelligence from their friends who have preceded them hither to prepare a settlement for them.

I, in conjunction with the other leading men amongst the small body now here, have fully made up our minds to settle at Whangarei, provided your Excellency can assist us in obtaining sufficient blocks of land to enable us to form a settlement not only for ourselves but also for those to follow us, so that we may form a community and be as near to each other as practicable. The difficulty of our obtaining this desirable object is the cause of my now addressing your Excellency, in the hope of your being able to assist us to carry it into effect.

I need not point out to your Excellency the reasons which have operated upon myself and others in selecting the locality referred to, as your Excellency will at once recognize its capabilities for carrying on fishing, ship-building, agriculture, and other purposes required for such a community; but what I would desire to point out to your Excellency is the fact that we speak the Gaelic language, and there are many of our old people who speak nothing else, so that it becomes a matter of the greatest importance that our people who speak that language only should, as far as possible, be located in the same place; and more especially we unite with our Pastor, Mr. McLeod, in desiring that this should be so on account of devotional purposes.

Without entering minutely into the reasons which weigh with us in trying to obtain a settlement in one place as nearly as circumstances will permit, I have to assure your Excellency that such an object is of great moment to us and, if such a prospect can be held out by your Excellency, I may state that I have only to make it known to the rest of our people in Melbourne and Nova Scotia and they will lose no time in coming here to effect a settlement.

Without assistance from your Excellency, I see no hope of this being accomplished, as those who are here at present have not the means of paying for so large a block of land as would be required, and unless your Excellency should feel inclined to make a special case for the sake of the community on whose behalf I now write, by setting aside a sufficient block of land for them, I despair of being able to carry out the object. I would, therefore, respectfully request that your Excellency will take the matter into your consideration, and set aside, if you approve of our design, such parts of the block of land now about to be purchased, in the vicinity of

Whangarei, extending from the Arai to the Harbour of Whangarei, say to the extent of from 30,000 to 50,000 acres, in such places as may be determined as soon as practicable after the purchase, say for the space of two or three years, to enable me to correspond with the rest of our people in Nova Scotia, and to remain open for selection by them for that period at the present upset price of 10s. per acre.

I may state that if such an arrangement can be acceded to by your Excellency, the party now here are prepared at once to locate themselves upon the ground and to take up and pay for several throusand acres.—I have, etc.,

(Signed) DUNCAN McKENZIE,

To His Excellency the Governor, etc.

Colonial Secretary’s Office, Auckland,

January 24, 1854.

Sir.—I have the honour to acknowledge the receipt of your letter of the 15th ultimo stating that several Highland families now residing at Melbourne and who lately emigrated from Nova Scotia are anxious to locate in New Zealand, and requesting that a block of from thirty to fifty thousand acres in the vicinity of Whangare may be set apart and remain open for selection by these Highland emigrants for some time at the present upset price of ten shillings per acre, and in reply I am directed by His Excellency the Officer administering the Government to inform you that it is impossible for the Government under the present land regulations, to enter into an arrangement of the kind referred to; but, that if these emigrants are prepared at once to select and pay for a reasonable quantity of land from any specified block, such portions only of the remaining land as are immediately required should be offered for sale-—I have, etc.,

(Signed) ANDREW SINCLAIR,
Colonial Secretary.

Duncan McKenzie, Esq.,
c/o Messrs. Brown and Campbell, etc.,
Auckland.

Auckland, January 25, 1854.

Sir,—-

With reference to your letter of the 24th instant, I beg to reply that I do not perceive thereby how the land in question is to he reserved to us by the tenor of your communication, as simultaneous applications by others than our people might be made for what you term "such portions of the remaining land as are immediately required." Such a privilege so far from being a special case, or benefit, is the undoubted right of every applicant for land, and hence I presume that the intention of the Government is hardly expressed explicitly in the communication referred to.

Under these circumstances, I beg to trouble you to again state in explicit terms the amount of reserve which I understand the Government are inclined to give, in proportion to the land immediately or shortly purchased, and the period of time such reserve should be secured to us.—I have, etc.,

(Signed) D. MCKENZIE.

The Honourable the Colonial Secretary, etc.

Colonial Secretary’s Office, Auckland,
February 3, 1854.

Sir,—
In reply to your letter of the 25th ultimo respecting the purchase of land by you and others on whose behalf you have made application to the Government, I have the honour to state, by direction of His Excellency the Officer administering the Government, that His Excellency has no power to extend the terms of the offer made to you in my letter of the 24th ultimo—terms which are considered to present two advantages, namely, the offering for sale of a small block of the extent you may wish for your immediate accommodation and, next, the reserving from sale the contiguous land to a reasonable extent and for a reasonable term until the party whom you represent may be prepared to purchase the same.— I have, etc.,

(Signed) ANDREW SINCLAIR,
Colonial Secretary.

D. McKenzie, Esq., etc.

Auckland, February 4, 1854.

Sir,— I have the honour to acknowledge the receipt of your answer, of yesterday’s date, to my letter of the 25th ultimo, respecting the locating of the Highland emigrants now here and those about to follow.

1. I gather from your letter that the Government are prepared to give us possession of such block of the land at Mongawhai applied for, as the party now here are ready to take up under the present regulations at ten shillings per acre.

2. That the Government are prepared to reserve from sale the contiguous land to a reasonable time, and purchasable by our party during the said time, upon the present terms of ten shillings per acre.

I have the honour to ask:

1. Whether I am correct or not in thus interpreting your letter?

2. To request that you will specify what extent of reserve the Government are prepared to make for the party of emigrants about to arrive?

3. What length of time will such reserve be kept open for selection on the present terms of ten shillings per acre?

You will at once perceive that without this information the whole arrangements which I am now endeavouring to make might fail and be rendered nugatory, and I feel it the more necessary to make this further enquiry from the remark introduced in your letter of January 24 (omitted in your last letter of the 3rd instant) namely, that "such portions only of the remaining land as are immediately required shall be offered for sale."

May I enquire, respectfully, if this last condition has now been waived; because if it has not it would seem to neutralize the proposed advantages which the Government purpose offering to us by making the reserve in question?

May I respectfully request, in conclusion, that you will favour me with an answer to this letter at your earliest convenience, as you are well aware that the season is almost gone for locating ourselves upon the land, although the negotiations for our settlement have now been carried on with the Government during the last five or six months.—I have, etc.,

(Signed) DUNCAN MCKENZIE.

The Honourable the Colonial Secretary, etc.

Auckland, February 7, 1854.

Sir,— In reference to the communications, verbal and written, which for some months back have been carried on with the Government in the name of Mr. Duncan McKenzie respecting the locating of the Highland emigrants now here and those to follow, I (being one of the party referred to, and acting for the others), have the honour respectfully to request that you will recognize my present address to your Excellency as a continuation of the correspondence which Mr. McKenzie had originated, but who is now at a distance in the country on an exploring expedition connected with the subject of the present letter. And I would further respectfully request a reference to the correspondence on the subject which has already taken place, and more particularly to the Colonial Secretary’s letter of the 3rd instant, in which your Excellency states that the terms already offered us present the following advantages, viz., offering us "for sale a small block of the extent we wish for our immediate accommodation and, next, the reserving from sale the contiguous land to a reasonable extent and for a reasonable time until the party whom I represent may be prepared to purchase same."

I have already, in the name of Mr. McKenzie, addressed the Government (4th instant) on the terms of this letter, and would have waited a written reply; but the urgency of the circumstances of our case having exhausted my patience T took the liberty of calling to-day at the Colonial Secretary’s office in the hope of finding a reply waiting me, after which I had the honour of a personal interview with your Excellency, and then learned, to my great surprise and disappointment, that your Excellency did not see how the reserve of land could be made to the party whom I represent in accordance with the present land regulations.

I am surprised at this statement, inasmuch as the letter from which I have just quoted the above remarks states, in what may be considered explicit terms, that the Government will make a reserve to a "reasonable extent and for a reasonable time," and I naturally concluded that I had only to request that the Government would specify clearly the extent and the time, and so close the whole negotiation which has been carried on with the Government for so many months, during which our people, instead of locating themselves as they might have done—though perhaps less advantageously on the lands of private parties - were buoyed up by hopes held out by the Government of a location being obtained on the most favourable terms. Had this not been the case we should have effected a settlement long ago; and, therefore, it is that I feel extremely disappointed—I may say fairly taken back—with the expression of doubt (for the first time used to-day) by your Excellency as to your ability to grant our request under the present regulations.

It was never supposed by us that your Excellency could do so under the present regulations if they had been officially promulgated. Our first application showed that we considered ours a special case, and we gave in our first written correspondence (December 15 last) sundry reasons on which we rested our claims to such special consideration.

Up to that period, from our personal communications with the Government, we had been led to believe that the Government had no difficulty on the point, and, therefore, it was that our letter of December 15 contained so few reasons for considering ours a special case. Since that letter, both Mr. McKenzie and myself have had interviews with Governor Grey, who spoke most warmly of his interest in our views and success, and even assured us that our application would be favourably entertained, and that a formal communication to that effect would be made to us, and which we expected to receive at the very furthest, before the end of the first week of January last.

Since your Excellency, however, has thrown out doubts as to your ability to make ours a special case, but having at the same time expressed your willingness to do so if in your power, I am now induced to draw your attention to the following observations which appear to me to present full and sufficient warrant for your Excellency’s acceding to our request of our case being made a special one.

Craving reference to the letter of December 15 referred to, I would only further, observe that the land regulations requiring a month’s notice of lands open for sale before being appropriated under the new system, though promulgated in the southern provinces, have not yet, I believe, been proclaimed here, nor have they yet been acted upon; so that no obstacles from this cause would seem to prevent your Excellency’s acceding to our request, as the regulations become thus reduced to a mere Government message, or notice to the Surveyor-General, which the Governor can at any subsequent moment alter or wholly set aside.

But, were the land regulations in full force, even then I cannot see how your Excellency (holding in your own hand the entire disposal of the land and the making of such regulations therein as from time to time you may deem best for the general benefit) should not fairly and reasonably make special exception therefrom, in cases like the present, whenever they might arise.

Again, in asking the Government to make the reserve applied for, it is only carrying out a principle already introduced in the southern provinces. I refer to the block of land reserved by the Government in the Province of Wellington for trying the effect of the Small Farm System sought to be established there; and if the Government so far made a special exception in that instance, merely for the illustration of a theoretical plan of colonization, I cannot but think that under the circumstances of our case we have a far stronger claim upon the favourable consideration of the Government, inasmuch as it would not only be carrying into practice the Small Farm System but also be planting a new settlement, which must draw a considerable number of our people to this country if we can hold out the favourable inducement which we are asking from the Government.

In our case there exists the further strong claim of our being a Gaelic community, requiring to be located near each other, if this can possibly be accomplished, seeking thus to be under the ministry of a Gaelic clergyman who has accompanied us, especially as some of our aged people can understand no other language but Gaelic. We are ready at once to settle upon and use the land, whereas under the Small Farm Reserve at Wellington it remains to be seen whether the land will be taken up or not—in other words, where such a reserve were really wanted or not—by any considerable number of the community.

In conclusion, I think I may very fairly say that the great benefit which we as a community would confer on this or any other Province in which we may settle affords a strong claim upon such Province for the most favourable terms that can be offered, and we have in the first instance come to this Province, although His Excellency Sir George Grey recommended to us the Ahuriri District, where he assured us of every possible facility for settling by special reserve and otherwise, which reserve is indispensable to our carrying out the principal objects of our emigration.

Seeking your Excellency’s early and favourable consideration of the matter,—I have, etc.,

(Signed) D. MCLEOD.

To the Honourable the Colonial Secretary, etc.

Colonial Secretary’s Office, Auckland,
February 10, 1854.

Sir,—

In reply to your letter of the 7th instant relating to the location of the party of Highlanders which you represent, I have the honour to state, by direction of the Officer administering the Government that, under the peculiar circumstances of the case, His Excellency will consider the party as the first applicants under the old land regulations, provided the application for the first block is made at once, specifying the extent required; but, with regard to the further requirements of the party for land, the Government can do no more than abstain from surveying or offering to public competition the land contiguous to the block first selected.

I am also directed to state that the Government is not prepared to make any alteration in the land regulations, seeing that the General Assembly, under whose control the Crown Lands will be, is to meet in a short time.

I am further instructed to inform you that the land at Mangawhai, referred to by Mr. McKenzie in his letter of the 4th instant as desirable for your party, is not yet the property of the Crown, but that every effort is being made to purchase it from the natives. —I have, etc.,

(Signed) ANDREW SINCLAIR,
D. McLeod, Esq. Colonial Secretary.

Colonial Secretary’s Office, Auckland,
February 13, 1854.

Sir,—

I am directed by His Excellency the Officer administering the Government to apprise you of the following arrangements regarding the proposed location of certain Highlanders at Mangawhai.

His Excellency has been pleased, under the circumstances of the case, to direct that the representatives of this body (Messrs. Duncan McKenzie and D. McLeod) on their forthwith describing the land claimed be considered under the Land Regulations of March last the first applicants for the purchase of such land.

The land also contiguous to such block is not for the present to be surveyed or offered to public competition.

Mr. McLeod has informed the Government that he has made arrangements for proceeding to Mangawhai and obtaining the necessary information for describing the land required.

You are requested to be good enough, directly the land in question has been obtained from the natives, to communicate the same to me for the information of the Government.—I have, etc.,

(Signed) ANDREW SINCLAIR,
Colonial Secretary.

The Surveyor-General.

Auckland, February 11, 1854.

Sir,—

I have the honour of acknowledging the receipt of your communication, of yesterday’s date, relative to the location of the party of Highlanders, whom I represent, informing me that His Excellency the Officer administering the Government has agreed to consider the party here as the first applicants under the old regulations (of March 4 last I presume), but with regard to further requirements His Excellency can do no more than abstain for the present from the surveying or offering to public competition the land contiguous to that first selected.

As the Government are thus unable to do more, I shall not lose additional time by attempting any further representations on the subject, but shall at once make arrangements as required for proceeding to Mangawhai in order to obtain the necessary information for describing the land which we desire to purchase.

From the terms of your letter, I am further encouraged to hope that His Excellency will not be unwilling to forward our views with the General Assembly in procuring the privilege of the reserve which His Excellency has felt himself unable to grant.— I have, etc.,

(Signed) D. McLEOD.

The Honourable the Colonial Secretary.

AUCKLAND WASTE LAND ACT, 1858.

LAND FOR SPECIAL SETTLEMENT.

58. 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 certain Immigrants expected to arrive from the United Kingdom or elsewhere other than the Australian Colonies.

59. Such land so set apart and reserved shall be sold exclusively to such Immigrants upon the terms and conditions herein-before prescribed respectively in reference to Town and Suburban Land and to General Country Land and Credit Land as the Superintendent may from time to time think fit.

60. It shall be lawful for the Superintendent at any time to revoke any such Proclamation and the land therein comprised shall thereafter 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 revocation thereof shall not be affected by such revocation.

IMMIGRATION.

69. As it is expedient that persons emigrating at their own costs from the United Kingdom and elsewhere other than the Australian Colonies should be permitted to acquire land free of cost in proportion to their expenditure on emigration, it shall be lawful for the Superintendent from time to time to appoint Emigration Agents in the United Kingdom or elsewhere with authority to grant land orders to persons intending to emigrate and settle in the Province of Auckland and any such Agent at any time to remove. Provided always that no person shall be entitled to demand any such land order as a right or be entitled to receive any land whatever free of cost in respect of any such expenditure unless he shall have obtained previously to his emigrating from some one of such agents of the said Province a land order as herein provided.

70. Such land orders shall be granted according to the following scale namely for any person eighteen years of age and upwards forty acres and for any person upwards of five years and under eighteen years of age twenty acres. Provided always that in any case in which a child under eighteen years of age shall accompany a parent the order shall be granted to the parent and not to the child and in any case in which a servant shall be brought into the Province at the sole expense of a master the allowance shall be made to the master and not to the servant.

71. No such land order shall be transferable but in the event of the death before the expiration of the five years as hereinafter mentioned of any person to whom any land order shall have been

granted in respect of his own emigration all his right and interest under such order shall vest in his appointee constituted in writing or in default of such an appointee in his legal representative who shall be at once entitled to a grant of the land in case all the terms and conditions to which such deceased person was subject have been fulfilled up to the time of his death.

72. In the event of the death before the expiration of the period of five years as hereinafter mentioned of any child or servant in respect of whom any land order shall have been granted to any parent or master such parent or master shall if all the terms and conditions in respect of such deceased child or servant shall have been fulfilled tip to the time of his death be entitled at once to a Crown Grant of the land in which respect of such order he may have selected or be entitled to select.

73. Every such order shall be null and void unless the person in respect of whom the same shall have been granted shall present the same in person to the Commissioner or his Deputy within the said Province within twelve calendar months from the date of the order being granted.

74. On presentation thereof to the Commissioner or his Deputy such officer on being satisfied that the person presenting same is the person in respect of whom the land order was granted shall make a note thereon stating the fact of such presentation and of the day of the arrival in the Province of such person presenting the same and shall date and sign such note.

75. Every such land order when so signed shall authorize the person entitled to the same or his agent constituted in writing to select the number of acres mentioned therein out of the Special Settlement Land if any specified in such order or out of any General Country Land subject in all cases to the provisions of this Act in reference to the selection of Special Settlement Land and General Country Land respectively.

76. Provided always that it shall be lawful for the Commissioner if he shall think fit to divide any allotment for the purpose of enabling any person to obtain the exact number of acres to which any such land order may entitle him. Provided also that the land selected by any one person shall either be one allotment or contiguous allotments.

77. Every such land order when so signed as aforesaid shall be in force for five years from the day of the arrival stated in such note and if no selection be made within that time such land order shall he null and void.

78. When any person in respect of whom any such land order shall have been granted shall within the said five years have been absent from the Province of Auckland more than twelve calendar months in the whole such land order shall be null and void and all right to land selected under same shall cease and determine.

79. At the expiration of five years from the day of arrival stated in such note as aforesaid the person entitled to any land selected under any such order shall be entitled to a Crown Grant thereof on proving to the satisfaction of the Commissioner or his Deputy that the person in respect to whom such land order shall have been granted is then resident within the said Province and has resided therein not less altogether than forty-eight calendar months out of the said five years.

No. 21.

An Act to enable the Superintendent of the Province of Auckland to issue Certificates by way of Land Orders to certain persons.

WHEREAS in the years 1856 and 1857 certain persons emigrated from the United Kingdom and elsewhere for the purpose of settling in the Province of Auckland under the belief that upon their arrival in the said province they would be entitled to select land under the terms of the "Waste Lands Regulations 1855" of that Province or terms similar thereto:

AND WHEREAS by an Act intituled the "Immigration Certificates Act 1858" passed by the Provincial Council of the Province of Auckland in Session VIII and reserved by the Superintendent of the Province for the assent of the Governor and subsequently confirmed by the "Waste Lands Act 1858" of the General Assembly the Superintendent was authorized to grant to certain persons who had emigrated from the Colony of Nova Scotia for the purpose of settling in the Province of Auckland and who arrived there in the years 1856 and 1857 in certain vessels called the "Gertrude" and "Spray" respectively certificates empowering the holders thereof to select land in accordance with the terms of the "Auckland Waste Lands Act 1858" and by the same Act the Superintendent of the Province of Auckland was authorized to issue such certificates as aforesaid to any other person or persons whomsoever who should prove to the satisfaction of the Provincial Council that he or they had emigrated from the United Kingdom under a belief that he or they would be entitled to such selection as aforesaid upon receiving an address from the Provincial Council to that effect:

AND WHEREAS the persons hereinafter mentioned also emigrated from the said Colony of Nova Scotia in the year 1857 for the purpose of settling in the Province of Auckland under the belief that they would be entitled to select land in accordance with the terms of the said "Auckland Waste Lands Regulations 1855."

AND WHEREAS the lastly mentioned persons have been since settled in the Province and claim to be dealt with in the same manner as the immigrants who arrived in the before mentioned vessels the "Gertrude" and "Spray" and it is just that they should he so dealt with:

AND WHEREAS the Superintendent of the Province of Auckland cannot grant such certificates as aforesaid for the selection of land without the sanction of the General Assembly:

BE IT 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 be the "Auckland Immigration Certificate Act 1861."

2. It shall be lawful for the Superintendent of the Province of Auckland to grant to every person who arrived in the Province of Auckland in the barque "Breadalbane" on or about the twenty-first day of May 1858 except those hereinafter mentioned a certificate in form in the Schedule hereunto annexed and the person to whom the said certificate shall be so granted shall be entitled to the same right of selection and other privileges as though the said certificate had been a Land Order granted under powers contained in the said "Auckland Waste Lands Act 1858." And every person to whom such a certificate shall be granted shall have a priority of selection thereunder over the piece of land of which at the time of the passing hereof he may he in the bona fide occupation. Provided always that nothing herein contained shall authorize the said Superintendent to grant to any person any certificate for a greater number of acres than such person would be entitled to under a Land Order issued by an Emigration Agent under the said "Auckland Waste Lands Act 1858."

3. No person who shall have received from the Treasury of the Province of Auckland a refund of a portion of his or her passage money shall be entitled to receive such certificate as aforesaid.

4. This Act shall not come into operation until the same shall have received Her Majesty’s Royal Assent and until a Proclamation of such Assent with the advice of Her Majesty’s Privy Council having been given shall have been published by the Governor.

SCHEDULE