✨ Regulations for Waste Lands
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- For the purposes of sale, the lands of the province shall be classed by the Superintendent, with the advice of his Executive Council and the Commissioner of Crown Lands, under five heads :—
A. Town land, being sites reserved for towns or villages.
B. Suburban land, being land in the vicinity of such sites.
C. Rural land, being land neither from the unevenness of its surface or the quality of its soil unsuited for tillage.
D. Pasture land, being such as from its hilly and broken character or inferior quality appears unsuitable for agricultural purposes.
E. Land believed to contain minerals of value.
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In determining within which class any particular lands are to be included, town and suburban lands will be distributed so as to promote the settlement of the country, subject to enlargement or alteration from time to time. With regard to rural and pasture lands, their fitness or unfitness for the purposes of tillage, rather than their position, will be considered.
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All lands, except as is otherwise herein provided, shall be sold by auction.
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The upset price of town and suburban land shall be fixed by the Commissioner of Crown Lands, subject to revision by the Superintendent and Executive Council.
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The upset price of rural lands shall be from ten shillings to twenty shillings per acre, and of pasture lands from five shillings to ten shillings per acre, to be fixed in like manner.
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The upset price of mineral land shall be fixed in like manner, subject to the provisions of clause 48, as to any land included in a mining lease.
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No land shall be sold unless the same shall have been previously surveyed and set out upon the ground, and distinguished by an appropriate mark on the plan of the district within which it may be situated.
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No land shall be sold by auction until the land to be sold, and the upset price thereof, and the time and place of sale, shall have been proclaimed in the Government Gazette and some newspaper circulated within the province, for a period of not less than one calendar month, nor more than three months.
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Sales of land, of which in accordance with the foregoing clause due notice has been given, will take place at intervals of three months.
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Any person wishing to purchase portions of the waste lands of the Crown not advertised as about to be sold, must lodge an application at the Land Office describing the portion of land which he wishes to purchase, and must deposit at the same time a sum of money at the rate of one shilling per acre upon the computed acreage of the land applied for. In case of the land indicated being already surveyed and marked out upon any plan in the office, it will be advertised without delay for the next auction sale which will allow the requisite public notice to be given. In case of the land not being upon any plan, it will be surveyed and offered for sale on the next day of auction (with due notice) after such survey.
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In the event of any land so applied for not being sold when put up to auction, the money deposited will be forfeited. But if such land is then sold the deposit will be returned in case the land was surveyed previous to such application, or any portion of such deposit not expended in the survey if the land was specially surveyed on account of the person applying.
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The Commissioner of Crown Lands, or some other person duly authorized by the Governor to act in that behalf, shall conduct all sales by auction.
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Immediate payment, in cash, of one-tenth of the purchase-money, shall be the condition of every sale by auction; and in default thereof the land shall be again immediately put up to auction; the remaining nine-tenths must be paid by the purchaser within one calendar month of the day of sale, or the one-tenth deposited will be forfeited, and the whole transaction null and void.
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Any lands put up to auction, and not sold, may, within six months after such day of auction, be purchased by any person who shall pay for the same the original upset price in full at the time of making such purchase: provided always, that any lands which may have been put up for sale, and not sold before these Regulations have come into operation, may be purchased in like manner at the original upset price, until such lands have been again offered by auction.
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Provided also, that whenever the title to any native land shall have been extinguished, it shall be lawful for the Governor, if he shall think fit, to permit any of the native sellers to purchase, at the rate of ten shillings an acre, any portion of such land not being town or suburban land, and the same may be conveyed by Crown grant accordingly.
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No portion of the land occupied by a pasture license-holder, whereon a homestead shall have been erected or improvements made, shall be offered for sale 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 land in the question may belong.
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Regulations for the disposal of Waste Lands of the Crown in the Province of Nelson
(continued from previous page)
🗺️ Lands, Settlement & Survey7 January 1856
Waste Lands, Nelson, Crown Lands, Regulations, Land Disposal, Public Reserves, Education, Military Defence, Land Surveys, Town Planning
Nelson Provincial Gazette 1856, No 2