23

of every sale, and the remaining nine-tenths
must be paid by the purchaser, within one
calendar month after the time of such
sale by auction, or the one-tenth of the pur-
chase money deposited will be forfeited, and
the whole transaction null and void.

23. In case of the person who applied to
    have any block of land put up to auction not
    proving the purchaser, any expense incurred
    by him in having the land surveyed will be
    allowed for, and the money returned to him by
    the Waste Land Board. But the allowance so
    to be made shall in no case exceed five per
    cent. on the price at which the land sold.
    And the Waste Land Board shall, at their
    discretion, refund or withhold the deposit of
    one shilling per acre made in the first instance.

24. It shall be competent to any person,
    within three months after any auction, to
    become, without any further auction, the pur-
    chaser of any lands put up for sale and not
    sold, by paying for the same the original upset
    price.

25. The Waste Land Board shall not offer
    for sale any portion of the land occupied by a
    pasture or timber license-holder, whereon a
    homestead shall have been erected or improve-
    ments made, until the offer of purchasing such
    land shall have been made to such license-
    holder, at a price per acre assessed within the
    limits of the upset price of the class of land to
    which the land in question may be judged to
    belong.

26. The license-holder, in such case, will be
    allowed the privilege of purchasing upon the
    terms mentioned in the preceding clause, a
    block of land not exceeding eighty acres, con-
    taining his homestead and improvements. But
    the Waste Land Board may require the
    license-holder to exercise his right of purchase
    at any time after one month's notice.

27. In case the license-holder, declining to
    exercise his right of purchase, it shall be law-
    ful for the Waste Land Board to offer the land
    on which his homestead stands for sale, but
    in that case, the value of the improvements
    effected by the license-holder shall be assessed
    in some equitable manner, and the land shall
    be offered for sale at a price made up of the
    upset price of the land, and the value of the
    improvements. Should the holder of the
    license not become the purchaser, the value of
    his improvements will be paid to him imme-
    diately after the sale. But should there be no
    bidding for such homestead, the holder of the
    license will be required to purchase the land
    at the upset price (minus the value of his im-
    provements) immediately after the sale; should
    he not do so, the Waste Land Board will,
    at any time, sell the homestead at any price
    which it may judge expedient.

28. Whenever any portion of land com-
    prised in any pasture or timber license, shall
    be purchased by other than the holder of such
    license, it shall be lawful for the Waste Land
    Board to delay giving possession for any time
    not exceeding three months, to afford such
    license-holder a reasonable time for the remo-
    val of his property.

GOVERNMENT SCRIP.

29. The Regulations relating to Govern-
    ment Scrip, contained in the Proclamation of
    the 4th of March, 1853, are hereby con-
    firmed.

LAND TO MILITARY SETTLERS.

30. The regulations relating to military
    settlers in the above-mentioned proclamation,
    are also confirmed.

31. The provisions of the Ordinances, Ses-
    sion X., No. 1 and of Session XI., No. 10,
    are hereby confirmed: provided always that
    the acts of the Commissioner of Crown
    Lands appointed under the Ordinance, Ses-
    sion X., No. 1, shall be subject to revision by
    the Waste Land Board.

LEASING OF MINERAL LANDS.

32. Any person applying for a lease of land
    for the purpose of working minerals, shall be
    entitled to the same upon the following terms
    and conditions.

33. The amount of land to be leased shall
    be determined by the Land Board, in no case
    to exceed two square miles.

34. The term to be granted shall be any
    number of years, at the option of the lessee,
    not exceeding twenty-one.

35. There shall be reserved a royalty or
    rent, of one-fifteenth of the minerals to be
    raised.

36. The lease shall contain clauses in the
    usual form :—1st, for securing the payment of
    the royalty or rent. 2nd, for enabling some
    person on the part of the Government to enter
    and examine the mine. 3rd, for securing
    the regular, proper, and efficient winning and
    working of the minerals. 4th, for making
    void the lease on breach of the stipulations on
    the part of the lessee therein contained. 5th,
    for delivering up the property at the termina-
    tion of the lease in good tenantable repair.
    6th, for enabling the lessee to abandon the
    working of the minerals, whenever he shall
    find the same unprofitable, and to surrender
    the lease.

37. In the event of simultaneous applica-
    tions for a lease of mineral land, the same will
    be put up to auction, and the upset price for a
    lease of twenty-one years shall be a rent or
    royalty of one-fifteenth of the minerals to be
    raised.