✨ Land Sale Regulations
form, and the depth thereof must be at least three times the length of such frontage.
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Such notice shall be put under a sealed cover, on which shall be legibly endorsed the name of the intending purchaser, the number of acres in the allotment which he contemplates purchasing, and the block whereof such allotment forms a part.
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Such intending purchaser or his agent may then tender such notice for the allotment therein mentioned unto the person so appointed to sell such block at his office during office hours and the purchase money unto the person appointed to receive the same.
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The person so appointed to sell shall not receive such notice unless such intending purchaser or his agent shall at the time of tendering the same, exhibit to him the receipt for the purchase money of such allotment.
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The person so appointed to sell shall immediately thereupon (and in the presence of the said intending purchaser or his agent, if such purchaser or agent should desire the same) enter in a minute book to be in that behalf by him provided and kept, a minute of the receipt of such notice and purchase money, and of the endorsement in such notice.
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The minutes to be so entered in such book shall be consecutively numbered, from one upwards, and shall set forth the date of the reception of every such notice, the name of the intending purchaser, the area of the allotment which he contemplates purchasing, the block whereof such allotment forms a part, and the amount which he shall have so paid as the purchase money thereof.
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Such book shall be open to the public for inspection at all times, during office hours, at the Land Sales Office during, which time any person may take a copy of any minute entered therein.
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The notices so received shall not be unsealed until the first day appointed in manner aforesaid by the Superintendent for the sale of such block, on which day no further notices for such block shall be receivable.
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The person so appointed to sell shall on the day last mentioned, and in presence of such of the intending purchasers or their agents as may please to attend at his office in that behalf proceed to unseal and open all such notices so received.
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Where it shall appear on unsealing and opening the said notices that but one person has in manner aforesaid given notice of his intention to purchase any one allotment, and that he has as in manner aforesaid paid the purchase money thereof, such person shall be deemed the purchaser of such allotment.
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But if it should at such time appear that two or more intending purchasers have given such notice respecting the same allotment or part thereof, and that each of them has, as and in manner aforesaid, paid the purchase money of and for the said allotment or part thereof as the case may be, the said allotment or part thereof shall be disposed of in the following manner.
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The person so appointed to sell shall appoint a time and place whereat the said two or more intending purchasers or their agents as the case may be may attend, and shall give notice unto them of such time and place, and shall there and then sell by auction to the highest bidder of and amongst such intending purchasers or their agents the said allotment or part thereof (as the case may be), and the upset price of the said allotment or part thereof at such auction shall be ten shillings an acre.
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Such of the said intending purchasers shall be, by himself or his agent, the highest bidder at such auction, shall be deemed the purchaser of the said allotment or part upon paying in manner aforesaid unto the person appointed to receive the same the additional purchase money of and for the said allotment arising from such sale by auction.
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The person appointed to sell shall, immediately after such auction, give unto each of the unsuccessful parties thereof or his agent an order on the person so appointed by the Governor to receive such purchase money for the return unto such unsuccessful party or agent the purchase money so paid by him for such allotment or part thereof.
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The person so appointed to receive such purchase money shall, on presentment of such order return forthwith to such unsuccessful party or agent the purchase money mentioned in such order.
Subsequent Applications.
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From and after the day of unsealing and opening, any person desirous of purchasing any allotment in such block may by himself or his agent tender a notice in writing of such his intention unto the person so appointed to sell the same, which notice shall contain the name of the intending purchaser, the area and situation of the allotment, and a description of its boundaries.
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The person so appointed, to sell shall not receive such notice unless such intending purchaser or his agent shall, at the time of tendering the same, exhibit to him the receipt for the purchase money of such allotment, and until such payment shall have been so made, the allotment shall be deemed and taken to be unsold.
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The person so appointed to sell shall, immediately there (and in presence of the said intending purchaser or his agent, if such purchaser or agent should desire the same), enter in the said Minute Book the date of the reception of such notice, the name of such purchaser, the area and situation of the allotment so purchased, the block whereof such allotment forms a part, and the amount which such purchaser shall have so paid as the purchase money of and for such allotment.
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All allotments in such blocks shall be respectively sold, subject to the right of the Crown to make public roads or railways over and through such allotments upon making compensation to the persons seized thereof respectively.
Lands offered to sale by Auction and not sold.
- The Superintendent may from time to time, and as to him it shall seem meet, sell by private contract, for ready money, (to be paid to the person appointed by the Governor to receive the same) any Town Lands, Suburban Lands, or Country Lands which shall have been in manner aforesaid offered for sale by public auction and not sold, provided that no allotment of such lands shall be sold, by such private contract, for less than the upset price at which it was put up to sale at such auction.
Country Land offered to sale at fixed price and not sold.
- When any block of Country Land, or part thereof, shall remain unsold for the space of six calendar months from and after the first day fixed by the Superintendent through such notification as aforesaid for the said block being open to sale at such fixed price, the Superintendent may from time to time, and as to him it shall seem meet, cause the same to be sold by public auction at an upset price of not less than five shillings per acre, and in allotments not containing less than...
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✨ LLM interpretation of page content
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Proposed Land Regulations for Auckland Province
(continued from previous page)
🗺️ Lands, Settlement & Survey10 January 1856
Land Regulations, Waste Lands, Auckland Province, Public Auction, Country Lands, Land Sales Office, Minute Book, Purchase Money, Upset Price
Auckland Provincial Gazette 1856, No 2