SCHEDULE B.

FORM OF MEMORIAL OF SATISFACTION.

Be it remembered, that the land described in the Schedule hereto is discharged from certain arrears of rate assessment or liability charged thereon by virtue of a memorial dated the day of , registered under “The Sale for Non-Payment of Rates Act, 1870.”

Dated, &c.

Signed, &c.

SCHEDULE.

[Describe the land, specifying all the particulars requisite for identifying the same.]

AN ACT TO AMEND “THE AUCKLAND WASTE LANDS ACT, 1867.”

Preamble.

WHEREAS it is expedient to encourage the bona fide settlement of the Waste Lands of the Crown in the Province of Auckland

BE IT THEREFORE ENACTED by the General Assembly of New Zealand in Parliament assembled and by the authority of the same as follows:—

Short Title.

1. The Short Title of this Act shall be “The Auckland Waste Lands Act 1870.”

Land may be thrown open for bona fide occupation.

2. It shall be lawful for the Superintendent of the Province of Auckland by Proclamation in the Provincial Government Gazette to declare from time to time the whole or any part of the Waste Lands of the Crown within the said Province to be open for bona fide occupation in manner and under the conditions hereinafter mentioned and by Proclamation to alter or revoke such declaration.

Must first be trigonometrically surveyed.

3. No lands shall be so proclaimed open for occupation until they have been first trigonometrically surveyed, main lines of road laid off and trigonometrical stations erected.

Persons may take possession and hold by virtue of actual occupation.

4. Upon any lands being so proclaimed open for occupation it shall be lawful for any person or persons to take possession of and hold subject to such regulations as may be made in that behalf in accordance with the Laws relating to the Waste Lands of the said Province for the time being in force and to the conditions hereinafter mentioned by virtue of actual occupation forty acres of such lands in respect of each person of eighteen years of age or upwards so occupying: Provided that not more than two hundred acres can be held or occupied by any number of persons living together in one household.

Occupant must survey and lodge application within six months.

5. Any person or persons taking possession of and occupying such land as aforesaid shall within six months after so taking possession lodge with the Waste Lands Commissioner of the Province of Auckland an application for the said land together with a plan thereof prepared by an approved surveyor in conformity with the regulations which may from time to time be prescribed by the Superintendent in respect of such surveys, in which application shall be stated the name or names of the person or persons in respect of whose occupation such land is applied for, the date of the commencement of their occupation and the name or names of the person or persons in whose favour the land is desired to be granted.

Application to be recorded and certificate granted.

6. On receipt of such application and correct plan the Waste Lands Commissioner shall cause the same to be recorded on a Record Map of the District and shall give to the applicant a certificate in the form A hereunto annexed.

Three years’ occupation and cultivation of one fifth entitles to Crown Grant.

7. At the expiration of three years from the date of commencement of occupation the person in whose favour the land was applied for shall be entitled to a Crown Grant or Conveyance of the said land on his proving to the satisfaction of the Waste Lands Commissioner that the persons named in the original application or other adults as substitutes for them have during the whole of the previous three years been in the bona fide occupation of the said land by continuous residence thereon and that at least one fifth part thereof is then under cultivation and on payment of the usual costs of a Crown Grant or Conveyance.

Complete cultivation entitles to grant before the expiration of three years.

8. The person in whose favour the land was applied for shall be entitled to a Crown Grant or Conveyance thereof at any time prior to the expiration of the aforesaid three years on proof to the satisfaction of the Waste Lands Commissioner that the whole land so applied for is fenced and cultivated and a dwelling-house erected thereon and on payment of the costs of the Crown Grant or Conveyance.

Certificate transferable after one year’s occupation.

9. Such certificate as aforesaid may after one year’s occupation hereunder be transferred to any other person or persons by indorsement in the form B hereunto annexed and such transferee shall have the same rights, privileges and liabilities as the original holder of the certificate.

Certificate void on ceasing to occupy.

10. If the original occupants or their substitutes shall cease to be in the bona fide occupation of the land such certificate shall become null and void and all rights and privileges thereunder shall absolutely cease and determine.

Disputed questions to be determined by Justices.

11. If any question shall at any time arise as to whether any person or persons have continued or ceased to be in the bona fide occupation of the land or otherwise fulfilled the before mentioned conditions such question shall be referred by the Waste Lands Commissioner to two or more Justices of the Peace and the decision of such Justices shall be final and conclusive and not liable to be questioned in any Court of Law on any ground whatever.

Provision for partial failure in occupation.

12. If some portion of the original occupants shall fail by themselves or their substitutes to continue in bona fide occupation of the land originally taken up such failure shall not prejudice the right of the persons continuing in occupation to their proportion of the land applied for and in such case the Waste Lands Commissioner shall fix and determine what portion of the original application shall be cut off and deducted but so as not to cut off any buildings or cultivation of the occupants.

Roads may be taken by Highway Boards with consent of Superintendent.

13. All such lands whether before or after being granted and all lands hereafter sold or otherwise disposed of by the Crown in the Province of Auckland shall be subject to the right of the Highway Board of the District with the consent of the Superintendent to take any public road or roads through the said lands without compensation provided that not more than five per cent. of the land shall be taken and no road shall be taken through any cultivated land without compensation being made by