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16. Any person who, for a period of five years prior to the ninth day of May, 1858, had resided on land, over which the Native Title had not been extinguished, shall at any time within three months after such title shall be extinguished, be entitled to select an allotment of land of such form as the Commissioner shall prescribe, containing any number of acres not exceeding three hundred, including and adjacent to the site on which such person shall have resided.

17. Such allotment shall be sold to the person so selecting the same as aforesaid upon the same terms and conditions as are hereinafter prescribed in respect of Credit Land, and any improvements at any time made on the land so selected before the selection thereof, shall be deemed and taken as part of the improvements required to be made in respect of Credit Land under these Regulations.

18. Any person who may have been put in possession of and have duly occupied land under the Special Occupation clauses of the Auckland Land Regulations, dated February, 1855, shall be entitled to purchase, the same at the price of 10s. an acre, at any time before the termination of his lease, and upon payment of the price thereof as aforesaid, and of all rent due up to the date of payment, he shall be entitled to receive a Crown Grant for the same, and shall be relieved from all liabilities entailed upon him by the Special Occupation clauses of the Regulations aforesaid.

II.

Town Lands and Suburban Lands.

19. Town lands and Suburban lands, excepting such as shall be reserved for public purposes, or for any purpose in these Regulations specified, shall be offered for sale by public auction at an upset price to be fixed by the said Superintendent, with the advice and consent of the Executive Council.

20. The Superintendent shall, from time to time, notify in the Government Gazette of the Province of Auckland, and in such newspapers in the Colony of New Zealand or elsewhere as to him shall seem meet, what lands are to be sold at such public sales, and the upset prices thereof respectively; and such lands shall not be so offered for sale until at least three calendar months shall have elapsed after the first publication of such notification.

21. Such public sales shall be held and conducted by such person at such times, and in such places within the said Province, as the Superintendent shall, by notification in the Government Gazette for the Province of Auckland, from time to time nominate and appoint.

22. The purchase money of each allotment of land sold at such sale shall be paid by the purchaser thereof, or his agent, to a Receiver of Land Revenue as follows, namely one-fourth of the price thereof, at the time of sale, by way of deposit, and the remaining three fourths at any time within one calendar month after the sale. In the event of the second payment not being made to such Receiver within the said period of one calendar month, the sale shall be void, and the deposit forfeited.

23. It shall be lawful for any person within twelve calendar months after any such auction, to purchase any land in respect of which the deposit shall have been forfeited as aforesaid, by paying for the same, in cash, the sum for which such land was knocked down at the auction.

24. It shall be lawful for any person within twelve calendar months after any auction, to become the purchaser, by private contract of any land so put up for sale as aforesaid and not knocked down to any bidder, on paying for the same, in cash, the upset price at which the same was put up for sale.

25. Provided always that it shall be lawful for the Superintendent, instead of permitting any land to be purchased, as authorised by the last two clauses, to cause any lands which shall not have been already applied for under the said clauses, to be put up again to auction, giving such notice thereof as is hereinbefore provided in respect of land to be offered at auction.

III.

Country Lands.

26. The Superintendent shall, from time to time, notify a certain day on and after which any Country Land will be open for sale. On and after that day, any person desirous of purchasing any of the same shall send in a written application, during office hours, under a sealed cover, directed to the Commissioner, or to his Deputy, at such place as shall be stated in such notification.

27. Every such application shall state the name of the intending purchaser, the area and situation of the allotment, and the number of the same on the map deposited as aforesaid in the office of the Commissioner, and shall have legibly endorsed thereon the words “Application for Land” together with the name of the intending purchaser, and the number of acres he proposes to purchase.

28. The purchase money, after the rate of ten shillings per acre, for the quantity of land applied for shall be paid to a Receiver of Land Revenue, who shall give a receipt in duplicate; and no application shall be entertained unless one of such receipts shall be annexed to the application.

29. The Commissioner or his Deputy shall, on receipt of any such application (and in the presence of the intending purchaser or his agent, if such purchaser or agent should desire the same), enter in a Minute Book, to be kept for that purpose, a minute of the receipt of such application and of the endorsement thereon.

30. 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 application, the name of the intending purchaser, the number of acres which he proposes to purchase, and the amount which he shall have so paid as the purchase money thereof.

31. Such book shall be open to the public for inspection at all times during office hours, during which time any person may take a copy of, or extract from, any minute entered therein.

32. The applications so received shall not be opened until noon of the first day appointed in manner aforesaid by the Superintendent for the sale of such country land; on which day no further applications shall be receivable.

33. The Commissioner, or his Deputy, together with a Receiver of Land Revenue, shall, on the day so appointed, and in presence of such of the intending purchasers or their agents as may attend for that purpose, proceed to open all such applications so received.

34. Where it shall appear, on opening the said applications, that but one person has in manner aforesaid given notice of his intention to purchase any one allotment, and that he has duly paid the purchase money thereof, such person shall be deemed the purchaser of such allotment.

35. But if it should at any time appear that two or more intending purchasers have made applications for the same allotment, and that each of them has duly paid the purchase money thereof, the said allotment shall forthwith be put up by the Commissioner, or his Deputy, for sale by auction at the upset price of ten shillings an acre, at which sale only the applicants’ persons, or by their agents, shall be allowed to bid.

36. The Commissioner, or his Deputy, shall immediately after such auction give to each of the unsuccessful parties, or his agent, an order on the Receiver of Land Revenue for the return of the purchase money so paid by him in respect of such allotment, and the Receiver shall pay the same on demand accordingly.