✨ Agricultural Lease Regulations
SCHEDULE E.
Know all men by these presents, that I,
A. B. (or we A. B. and C. D.) do hereby make, nominate, constitute, and appoint, and in my (or our) place and stead put E. F. of (residence and occupation) to be my (or our) true and lawful attorney for me (or us), and in my name (or our names) to accept the lease of auriferous Crown Land for mining purposes for which I (or we) on the day of 18 applied, and the deed of which was on the day of 18 executed by and for me (or us), and in my name (or our names) and as may in my name (or our names) act and deed to sign seal and deliver such deed of lease and form (or us) and in my name (or our names) to enter into all such covenants and agreements as I (or we) shall be required to enter into in and by the said deed or otherwise in the matter of the said lease, and generally for me-(or us) to execute, and perform all such other acts, deeds, and things as may be necessary, or may be required to be done, executed, or performed in and about the acceptance and execution respectively for me (or us) and in my name (or our names) of such lease and deed of lease respectively, and I (or we) do hereby ratify and confirm and covenant that I (or we) will ratify and confirm all and whatsoever the said E. F. shall lawfully do, or cause to be done, in or about the premises by virtue of this power. In witness whereof.
N.B.—Printed copies of the forms in these schedules will be issued at the Warden’s Office free of expense.
AGRICULTURAL LEASES.
Regulations.
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Every application for an Agricultural Lease must be made (in the form of the schedule hereto annexed, or to the like effect) through the Warden of the district, wherein the land is situate, and must be accompanied by a deposit of Five Pounds (£5) to cover the costs of survey. The balance, if any, of such deposit, will be returned after the application has been finally dealt with.
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The boundaries of the area applied for must be marked out on the ground by trenches, and substantial posts at each corner thereof.
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Every such area must be rectangular in form, unless a creek or river or other natural obstacle renders a deviation from the rectangular form necessary.
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As soon as possible after the receipt of any application and deposit as aforesaid, the Warden will instruct a Surveyor to proceed to the ground for the purpose of examining, surveying, and reporting upon the same.
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Agricultural Leases will not be granted for lands within the boundaries of proclaimed townships or public reserves, nor for any area including a permanent water-course, or which may present auriferous indications upon survey; and in all cases a public roadway, one chain in width, will be reserved along the margins of streams and rivers.
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Agricultural Leases will not be transferable without the special sanction and authority of His Honor the Superintendent, and for every such transfer a fee or fine of One Pound (£1) will be charged.
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The Government reserves to itself the right to survey, through any land held under an Agricultural Lease, such roads as may be deemed essential for public convenience, and to throw them open to public traffic, subject to the allowances of valuation for improvements, and for any standing and growing crops which may be in or upon such line of road at the period when possession thereof is taken by the Government.
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The rent charge shall be at the rate of Five Shillings (5s.) per acre payable yearly in advance, and any fractional part of an acre will be considered as an acre and charged accordingly.
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The Government reserves to itself the right of entering upon any land so leased as aforesaid, for the purpose of searching for gold, or any other metal or mineral, and of determining any lease when such metals or minerals shall have been discovered thereon.
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In the event of the determination of any Agricultural Lease on account of the highly auriferous nature of the land thereby demised, the amount of compensation adjudged to be paid to the holder thereof, shall (except in special cases) be contributed by the persons desirous of mining thereon.
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The fees charged for survey will be as follows:—
For an ordinary survey, when the area does not exceed four (4) acres, One Pound.
For any larger areas, at the rate of Five Shillings per acre or any portion of an acre;
And Thirty Shillings per diem extra when the time occupied in such survey extends beyond one day.
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Leases will be cancelled if the land is sub-let or transferred without the sanction and authority of His Honor the Superintendent, or if cultivation is not commenced within three months after the issue of the lease; or if at any time during the currency of the lease the land shall be neglected for a period of six months.
No. (Place and date.)
To the Warden at,
I hereby apply for a lease of land for agricultural purposes, situate at (here state the locality), and comprising acres or thereabouts. And I deposit herewith the sum of Five Pounds to cover the costs of Survey, and I agree to pay the further costs (if any) of such Survey, according to the scale prescribed by the Agricultural Leases Regulations.
Signature (name in full and address.)
Dated at Christchurch, this 31st day of December, 1867.
W. S. MOORHOUSE,
Superintendent.
Christchurch:
Printed, under the authority of the Provincial Government of the Province of Canterbury, at the “Press” Office, Cashel-street, by James Edward Fitzgerald, Official Printer for the time being to the said Government.
✨ LLM interpretation of page content
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Schedule E: Form of Power of Attorney for Mining Lease
(continued from previous page)
🌾 Primary Industries & ResourcesPower of Attorney, Mining Lease, Crown Land, Legal Forms
🗺️ Regulations for Agricultural Leases
🗺️ Lands, Settlement & Survey31 December 1867
Agricultural Lease, Survey, Rent, Regulations, Canterbury
- W. S. Moorhouse, Superintendent
Canterbury Provincial Gazette 1867, No 82