✨ Land sales regulations
37
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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. -
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. -
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. -
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. -
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. -
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. -
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. -
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. -
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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Land sales regulations
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🗺️ Lands, Settlement & SurveyLand sales, Crown lands, Credit, Regulations, Occupation, Improvements, Forfeiture
Nelson Provincial Gazette 1857, No 8