36

to be offered for sale, and the class to which
they respectively belong.

20. For the purposes of sale the lands of
    the Province shall be classed by the Superin-
    tendent and the Commissioner of Crown Lands
    under five heads; that is to say—

A. Town land, being sites reserved for
towns and 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.

21. In determining within which class any
    particular lands are to be included, town and
    suburban lands will be distributed so as to pro-
    mote 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.

22. Provided always, that when it shall
    appear to be for the public benefit to exempt
    any land from the operation of the clauses
    hereinafter contained relating to the licensed
    occupation of pasture lands, it shall be lawful
    for the Superintendent, by notification in the
    Government Gazette, to exempt the same ac-
    cordingly.

23. All lands, except as is otherwise herein
    provided, shall be sold by auction.

24. The upset price of town and suburban
    land shall be fixed by the Superintendent and
    the Commissioner of Crown Lands.

25. The upset price of rural lands shall be
    from ten shillings to twenty shillings per acre,
    and of pasture lands from (two shillings and
    sixpence) to (ten) shillings per acre, to be fixed
    in like manner.

26. The upset price of mineral land shall be
    fixed in like manner, subject to the provisions
    of Clause , as to any land included in a
    mining lease.

27. 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.

28. The 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 Pro-
    vince, not less than one calendar month nor
    more than three months before such sale.

29. Any person wishing to purchase por-
    tions 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 for
suburban or rural land, and threepence per
acre for pasturage land, upon the computed
acreage of the land applied for, and ten shil-
lings for each town section. In case of the land
indicated being already surveyed and marked
out upon any plan in the office, it will be ad-
vertised without delay for the next auction
sale which will allow the requisite public notice
to be given.

30. In case of the land not being upon any
    plan, and being in any district the survey of
    which is not immediately about to be under-
    taken by the Government, it shall be lawful
    for the Commissioner to allow the applicant to
    have such lands surveyed at his own expense,
    by a surveyor authorized by the Government
    in that behalf, and receiving instructions in
    each case from the Commissioner; and after
    the approval of such survey by the Commis-
    sioner, it shall be immediately plotted upon
    the general map of the district by the Princi-
    pal Surveyor, or under his authority. The
    land will then be put up to auction in manner
    aforesaid; and in such case an allowance of
    land will be made to the purchaser at the rate
    of five acres for every hundred acres so sur-
    veyed.

31. If the land so surveyed be purchased by
    any other person than the original applicant,
    then the purchaser of such land shall, in addi-
    tion to the amount bid for the same at the
    sale, pay to the original applicant, as the cost
    of the survey of the land, such sum of money,
    not exceeding one shilling per acre, as may be
    assessed by the Commissioner of Crown Lands,
    after taking evidence as to the cost of such
    survey.

32. 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,
    or received as part of the purchase money, as
    the case may be.

33. The Commissioner of Crown Lands, or
    some other person duly authorized by the
    Superintendent to act in that behalf, shall
    conduct all sales by auction.

34. Immediate payment, in cash, of one-
    tenth of the purchase-money shall be the con-
    dition of every sale by auction; and in default
    thereof the land shall be again, immediately
    after the sale, put up to auction; the remain-
    ing nine-tenths, except as is hereinafter other-
    wise provided, 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.