✨ Land Purchase Rate Ordinance
be liable to pay the said rate, shall between
\nthe hours of nine o'clock in the morning,
\nand five o'clock in the afternoon of the first
\nday of May in each year attend by himself
\nor his agent at the place so appointed, within
\nthe district in which the land is situated
\nin respect of which the rate is due, and
\nshall pay such rate to the Receiver of the
\ndistrict who shall thereupon receive and
\nshall give a receipt for the same.
\n5. Rate may be recovered by distress.
\n—If any person shall fail to pay the
\namount of rate which may be due upon the
\nfirst day of May as aforesaid, it shall be lawful for the Receiver of the district at any
\ntime within six months thereafter to enter
\nor to appoint some person to enter upon the
\nland in respect of which such rate shall be
\ndue, and to levy the same by distress and
\nsale of any goods and chattels which may be
\nfound upon the said land in the same manner as in the case of an ordinary distress for
\nrent.
\n6. In case of no sufficient distress land
\nmay be sold after six months.—If no sufficient distress shall be found upon such
\nland, and if the rate shall remain in arrear
\nfor the space of six calendar months, the
\nReceiver of the district within which the
\nsame shall have become due shall within ten
\ndays after the expiration of such six months
\nmake a declaration in writing setting forth
\nthe locality and extent of the said land, and
\nthe amount of the rate due thereon, and
\nshall declare to the same before any Justice
\nof the Peace upon oath; which oath
\nthe said Justice is hereby authorized to administer, and shall transmit the same to the
\nSuperintendent, and the Superintendent
\nshall thereupon by warrant under his hand
\norder the sale of so much of the said land
\nas shall be sufficient to satisfy the rate due,
\ntogether with all expenses attending the
\ncollection of the same.
\n7. Land to be sold by public Auction, and
\nnotice of Sale to be published.—The land so
\nto be sold shall be sold in one or more lots
\nby public auction by the Receiver, or some
\nother person authorized by the Superintendent to act as auctioneer for the occasion;
\nand thirty days' notice at least of every such
\nsale shall be given in the Government Gazette and in the public newspapers.
\n8. Land to be put up at 10s. per acre;
\nif not sold, rate to accrue as charge on the
\nland.—All land so to be sold, shall be put up
\nto auction at the upset price of ten shillings
\nper acre: and if not sold the rate or arrears
\nof rate shall remain as a charge upon the
\nland and may at any time be levied by the
\nReceiver of the district, either by distress
\nand sale of any goods and chattels found
\nupon the land, or by the sale of the land
\nitself, or any part thereof, at the fixed price
\nof ten shillings per acre.
\n9. Right of way to be reserved.—In every
\nsuch sale of any land to which there shall
\nbe access from a public highway, care shall
\nbe taken to preserve a right of way to the
\nportion of the section remaining unsold;
\nand in any such sale of land to which there
\nshall be no access, a right of way shall be
\nspecially reserved thereto, and shall be set
\nforth in the deed of conveyance of the said
\nland as hereinafter provided.
\n10. Uncultivated land must be sold first.
\nWhen any such sale shall be ordered of any
\nsection of land whereof a part shall be cultivated or occupied by buildings or improvements, it shall not be lawful to sell the part
\nso cultivated or improved unless the remaining part of the section shall be found to be
\ninsufficient to satisfy the amount of the rate
\ndue and expenses as aforesaid.
\n11. Surplus of proceeds of Sale to be returned on demand.—If the sum realized by
\nthe sale of the land shall exceed that required, the surplus shall be returned to the
\nowner on demand; and if not so demanded
\nwithin one year from the date of the
\nsale, it shall be paid into the Provincial
\nTreasury, and shall be appropriated to the
\npublic service of the Province.
\n12. Sale may be stopped by payment of rate
\nand expenses.—If at any time previous to the
\nsale of any goods, chattels, or land under the
\nprovisions of this Ordinance, the person liable
\nfor the rate on account of which such goods,
\nchattels or land, shall have been seized in
\ndistress for the said rate, shall tender to the
\nReceiver the amount of the rate due, together
\nwith all expenses incurred by the non-payment of the same at the time appointed, the
\nReceiver shall receive the amount so tendered,
\nand shall thereupon restore possession of
\nthe goods and chattels seized, if any,
\nand all further proceedings for the recovery
\nof the said rate shall thenceforth cease and
\ndetermine.
\n13. Rate may be redeemed within three
\nyears.—The rate with which any land shall be
\nchargeable under the provisions of this Ordinance may be redeemed at any time within
\nthree years after the purchase of the said
\nland from the Crown by a payment of a
\nsum amounting to seventy-five per cent. on
\nthe whole amount of the rate which shall
\nthen be outstanding and unpaid as herein
\nbefore provided.
\n14. Receivers to give securities.—Every
\nsuch Receiver of the Land rate, shall give
\nsecurity for the faithful discharge of his
\nduties as such Receiver by himself and
\nby two sureties to such amounts, and in
\nsuch forms as the Superintendent shall direct.
\n15. Conveyances to be under Seal of the
\nProvince.—All conveyances of land sold under
\nthe provisions of this act, shall be issued by
\nthe Superintendent under the public Seal
\nof the Province, and shall vest the absolute
Next Page →
✨ LLM interpretation of page content
🗺️
Draft Ordinance for Land Purchase Rate
(continued from previous page)
🗺️ Lands, Settlement & Survey11 November 1854
Ordinance, Land Purchase, Rate, Canterbury
Canterbury Provincial Gazette 1854, No 26