Land sales regulations




37

  1. Provided always, that at any time before
    the expiration of one month from the day of
    sale, any purchaser thereof who shall be de-
    sirous of obtaining a longer period than one
    month for payment of the remainder of the
    purchase-money may enter into a contract with
    the Government for the payment of the same,
    with interest thereon, by thirteen annual in-
    stalments of £10 per cent. upon the amount
    of the purchase-money, the first instalment to
    be paid within one year from the day of sale
    and bona fide occupation and improvement of
    the said land, according to the conditions
    respecting the occupation of credit land of the
    like class hereinafter mentioned.

  2. After thirteen years bona fide occupa-
    tion, and the payment of thirteen yearly in-
    stalments of ten pounds per cent. upon the
    purchase-money, exclusive of the payment to
    be made at the time of the sale as aforesaid,
    and the performance of the conditions herein
    contained, such purchaser shall be entitled to
    a grant from the Crown in fee simple of the
    land so purchased: Provided always that any
    such purchaser who shall at any time within
    the period of thirteen years have completed all
    the improvements required to be made by him
    up to that time, and who shall have paid all
    the yearly instalments due up to the same
    period, and shall pay such further sums of
    money as, with the instalments already paid,
    shall make up the amount of the purchase-
    money of the land, with interest thereon at
    five pounds per cent. per annum to the time
    of payment, shall be entitled to a grant of such
    land.

  3. Purchasers of land upon credit, and
    their assigns, will, subject to the approval of
    the Commissioner of Crown Lands, be per-
    mitted to assign or part with the possession of
    any such land, subject to the like terms and
    conditions as the original purchaser was sub-
    ject to.

  4. If any purchaser of lands upon credit
    shall not, within six months, enter into bona
    fide
    occupation of the land so purchased, or
    shall fail to pay any instalment within six
    months after the same shall become due, or
    shall fail to perform all the conditions of his
    contract of purchase, it shall be lawful for
    the Commissioner of Crown Lands, by no-
    tification to be published in the Provincial
    Government Gazette, to declare that the right
    and interest of such purchaser in such land
    shall cease and be forfeited: Provided that in
    case of the death of any such purchaser or
    assignee it shall be lawful for the Commissioner
    to extend the time for payment of any instal-
    ments to twelve months after the same shall
    become due.

  5. Every person shall be deemed to have
    bona fide occupied any agricultural land pur-
    chased upon credit as aforesaid who shall have
    erected a habitable dwelling-house of any
    description thereon during the first year, and
    made improvements thereon, or any part
    thereof, after the rate for all such land held
    by him of one acre in fifteen of fern or open
    land, or one acre in twenty of bush or forest
    land, for every year after the first year during
    such occupation: such improvements to con-
    sist of tillage, or clearing, or laying down in
    grass; and a bona fide residence by the pur-
    chaser on any such land shall be deemed and
    taken to be equivalent to the aforesaid im-
    provements.

  6. Every person shall be deemed to have
    bona fide occupied any pasturage land pur-
    chased upon credit who shall have caused to
    be depastured on such land during each year
    of such occupation one cow or six breeding
    ewes for every 120 acres purchased.

  7. Every purchaser of agricultural land
    upon credit shall, unless the purchase-money
    for the same shall have been previously paid,
    forward to the Commissioner of Crown Lands
    at Nelson, on the last day of the second year,
    and on the last day of every subsequent year
    of the term of 13 years from the time of such
    purchase, or within fifteen days after such
    days respectively, a return in writing of the
    land improved by him during the preceding
    year, and of the nature of such improvements,
    or of his residence as aforesaid, in such form as
    the said Commissioner shall from time to
    time direct, signed by such lessee and certified
    by two householders.

  8. Every purchaser of pasturage land upon
    credit shall, unless the purchase-money for the
    same shall have been previously paid, forward
    to the said Commissioner on the last day of
    each year for the term of thirteen years from
    the time of such purchase, or within fifteen
    days thereafter, a return in writing, signed by
    such purchaser, of the number and description
    of stock depastured during the preceding year
    upon the pasturage land purchased by him
    upon credit.

  9. If any question shall at any time arise
    as to whether a forfeiture has been incurred or
    sufficient improvement made under clauses 39
    and 40 of this act, it shall be lawful for the
    purchaser within one month after such question
    shall have arisen, to appeal to the Com-
    missioner of Crown Lands, by whom such
    question shall be fully and fairly investigated,
    and decided according to equity and good con-
    science: Provided always, that if the purchaser
    be dissatisfied with any such decision, the same
    shall, at the request of the purchaser, if pre-
    ferred in writing to the Commissioner within
    twenty-one days after the decision shall have
    been given, be referred to two arbitrators and
    an umpire at the expense of the party requiring



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Online Sources for this page:

PDF PDF Nelson Provincial Gazette 1857, No 8





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🗺️ Land sales regulations (continued from previous page)

🗺️ Lands, Settlement & Survey
Land sales, Crown lands, Credit, Regulations, Occupation, Improvements, Forfeiture