D.—4

4

Governor," of the one part, and Albert Cracroft Fookes, of New Plymouth, gentleman, who and whose heirs, executors, administrators, and assigns, is and are, unless where the context requires a different construction, hereinafter styled "the Contractor,'' of the other part: Whereby it is mutually aad a? follows : — 1. In the construction of this agreement time shall be deemed to be of the essence of the contract on the Contractor's part; and, unless the context shall otherwise require it, the following expressions shall have the meanings hereby assigned to them, that is to say,— " Land " shall mean the block of land described in the First Schedule hereto. "Settler" shall mean a male adult not less than twenty-one years of age, and shall include any person who purchases or otherwise becomes entitled to the interest of such settler. " Receiver of Land Revenue " shall mean the Receiver of Land Revenue for the Land District of Taranaki, or other person for the time being acting as such. " Board " shall mean the Waste Lands Board for the Land District of Taranaki for the time being. " The said Act" shall mean " The Taranaki Waste Lands Act, 1874." 2. The Governor agrees to sell to the said Contractor, and the Contractor agrees to purchase, the land described in the First Schedule hereto at the price, and subject to the terms and conditions, hereinafter contained. 3. The Contractor agrees to pay, as the price of the land, the sum of twenty shillings per acre, to be paid in instalments as follows : —A first instalment of 10 per cent, of the whole purchase-money six months from the date of the Contractor being furnished with a large scale-tracing of the land as surveyed into sections; a second instalment of 10 per cent, two years from the date hereinbefore appointed for payment of the first instalment; and the remainder of the purchase-money by eight instalments of 10 per cent, each, payable at intervals of twelve months, commencing as from the date appointed for the payment of the second instalment, until the whole purchase-money of twenty shillings per acre is paid. 4. The Governor shall, within nine months from the date hereof, cause the land to be surveyed into convenient sections not exceeding 200 acres each, and road-lines through the land to be reserved and laid off. The land so reserved, and all land reserved under the fifth paragraph of these conditions, shall be excepted from sale, and remain vested in Her Majesty. 5. The Governor may, within one month after the delivery to the Contractor of a large scaletracing pursuant to paragraph 3 of these conditions, reserve out of the land for public purposes, or as reserves for schools, such portion of the said land as shall not in the whole exceed ten acres, and the Contractor shall be entitled to a reduction on the purchase-money of twenty shillings per acre for every acre so reserved. 6. The Contractor may take up for his own purposes any portion of the said land not exceeding 400 acres in the whole. 7. All roads shall be constructed by the Contractor at such time and in such manner as the Board thinks best; but the Contractor shall not be bound to expend more than £2,000 upon such construction. The land shall be surveyed into such sections, and in such manner as to shape, size, and otherwise, as shall be agreed upon by the Contractor and the Chief Surveyor of the Provincial District of Taranaki, or, if they cannot agree within four months from the date hereof, then as the Board directs. If, after the completion of the survey as aforesaid, the Contractor shall desire any further subdivisions to be made, the same shall be made by the Chief Surveyor of the District of Taranaki, or by some surveyor authorized by him. All expenses thereby entailed, and in preparing plans for Crown grants or otherwise, in consequence of such subdivision, shall be paid by the Contractor. 8. The Contractor agrees, at his own expense, within twelve calendar months from the day appointed for payment of the first instalment of the purchase-money, that tho Contractor will settle upon the said land one settler for every 200 acres of land. Every settler shall be first approved of by the Board, and enter into an agreement with the Contractor to purchase not more than 200 acres and not less than 50 acres of the land, and to abide by and be subject to the terms and conditions under which the land is set apart for special settlement and of this contract. 9. Selection shall be made at such time and in such manner as the Contractor may, with the consent of the Board, require : Provided that neither the Government of the colony nor the Board shall be responsible for any delay occurring in the allotment or selection of any land, nor be bound to provide land for settlers in excess of the area of the land hereby contracted to be sold. 10. A certificate in the form in the Third Schedule hereto, signed by the Contractor and the settler, shall be deposited with the Board before a settler shall be entitled to take occupation of the land selected by him. 11. The Contractor shall be entitled to require the Governor to issue Crown grants after the rate of one acre for every twenty shillings paid on account of purchase-money. No claim for a grant shall be made for less than fifty acres at one time, unless with the consent of the Board; and no grant shall be issued unless the Board shall certify that the Contractor has expended at least £250 in making and constructing roads through the land ; nor shall grants be issued in excess of 100 acres for every £50 expended by the Contractor in constructing roads through the land, as hereinafter provided. Grants shall not be issued otherwise than to settlers except for the 400 acres which the Contractor is entitled to take up for his own use. 12. The Contractor agrees that the Governor may, if he think fit, issue a Crown grant to any settler who pays the purchase-money payable under these conditions for any land selected by him, and who proves, to the satisfaction of the Board, that he is entitled thereto, and has fulfilled the terms and conditions of any contract he may have entered into with the Contractor respecting any land purchased by him. A certificate in the form specified in the Second Schedule hereto, signed by the Contractor, shall be sufficient evidence of such fulfilment. 13. Before any Crown grant is issued, the usual and accustomed fees payable in respect of Crown grants shall be paid.