Auckland Provincial Government Gazette.

199

42. Without the special consent of the Commissioner first had and obtained, no timber or forest growing upon any homestead or deferred-payment selection shall be allowed to be cut until final completion of the conditions under which such selection shall have been made, excepting such timber as shall be required and be necessary for improvements or for domestic purposes upon the selection: and any breach of this provision shall be deemed and taken to amount to an absolute forfeiture of the selection and of the rights of the selector therein.

43. When two or more simultaneous applications shall be made for any area or part thereof under the deferred-payment system, such area or part thereof shall be put up to auction as between the applicants only, at such time and place as the Commissioner shall appoint for that purpose; and the land in competition shall be allotted to the highest bidder. The difference between the upset price and the competition price shall be paid as follows:—One-half at the time of sale, and the other half at the same time when the upset price is being paid.

Timber on which selections not to be cut except for improvements or domestic use.

Simultaneous applications under deferred-payment system.

44. If at any time before the expiration of the period of five years, any selector under either the homestead or deferred-payment system shall have brought under cultivation the whole quantity of land required to be under cultivation at the end of the said term, and shall have also fulfilled all the other conditions imposed by this Act, such selector shall be entitled to a grant or grants for his selection in terms of his application.

On performance of all conditions within five years grants may issue.

45. The interest of a purchaser in land under this Part of this Act who has not paid the whole of his purchase money shall not be assignable at law or in equity except under the provisions of this Act, and shall not be capable of being charged encumbered extended or taken in execution in any manner whatever.

Assigning interest.

46. If any purchaser of land under this Part of this Act who has not paid the whole of his purchase money, or his executors or administrators, shall desire to assign his interest in land occupied by him under his license to occupy, he or they may apply to the Board to accept instead of himself some one person as purchaser; and if the Board shall think fit to accept such person, and such person shall not be disqualified to purchase land in the same block to the extent of the land proposed to be transferred, the Board shall cancel the existing license to occupy upon the same being produced to it; or if the destruction or loss thereof be proved to its satisfaction, the Board may dispense with the production thereof, and shall issue to the person accepted a new license, on payment of a fee of one pound, to occupy, in the same terms and of the same date as the original license, but with the name of such person substituted as purchaser: and thereupon such person shall be deemed to be and to have been from the date of the original purchase the purchaser of the land mentioned in such license, and his name shall be entered in the register of purchasers, and he shall thereafter be disqualified from purchasing land in the same block in the same manner as if he had been the original purchaser.

Substitution of person for purchaser.

47. If any purchaser of land under this Part of this Act who has not paid the whole of his purchase money shall become bankrupt, or under the provisions of any Act for the time being in force, vest his property in a trustee for the benefit of his creditors, the trustee or other person in whom his property shall be vested may transfer the interest of such purchaser therein, with the assent of the Board, in the same manner as the purchaser might have done if he had not become bankrupt or vested his property as aforesaid.

Substitution in case of insolvency.

48. Grants for lands taken up under the homestead system shall be applied for within twelve months after the selectors become entitled thereto, otherwise the lands selected shall revert to the Crown excepting such portions of such land as shall have been built upon or as shall be under cultivation.

Grants under homestead system to be applied for within twelve months after completion of conditions.

49. Every application for land, under either the homestead or the deferred-payment systems, shall state the names and ages of the persons on whose behalf such land is applied for, and to whom it is intended that a grant or grants of such land shall issue upon fulfilment of the conditions of selection.

Applications to state names, &c.

50. If any question shall at any time arise as to whether any persons who shall have selected land under either the homestead or the deferred-payment systems, shall at any time during the term of five years hereinbefore mentioned have failed or neglected to carry out and perform the conditions of selection or any one of them, such question shall be referred to the Commissioner for inquiry and decision, and such inquiry shall be conducted under oath, and such decision shall be final and binding, and shall not be liable to be questioned in any Court of law upon any ground whatsoever.

Questions arising as to fulfilment of conditions, how settled.

51. It shall be lawful for the Superintendent, in respect of lands opened under either the homestead or deferred-payment systems, to make regulations not inconsistent with or repugnant to this Act, for providing for the laying out of lands to be open for selection, for directing the manner of making applications, for determining what shall constitute priority of application, for deciding simultaneous applications, for prescribing forms of receipts and certificates to be given to selectors, for providing for the inspection of the improvements made upon all selections, for requiring selectors to give all information required in respect of improvements and of the fulfilment of conditions of selection, for securing bond fide settlement and cultivation, and generally for giving effect to this Part of this Act; and such regulations may provide for the imposition of penalties for the breach thereof: such penalties shall not exceed the sum of twenty pounds for any single offence. And any such penalties shall be recoverable summarily by a person to be