38

the same, to be appointed in the usual way,
and whose decision shall be final and con-
clusive.

44. If any purchaser or any other person
    shall continue in possession of land which shall
    have been declared forfeited under clause 38
    (unless an appeal as herein provided be
    pending), shall be deemed to be in the un-
    lawful occupation of Crown lands, and subject
    to the provisions and penalties herein provided
    in that behalf.

45. Every holder of a pasturage license who
    shall at any time within six months after the
    passing hereof make application to the Com-
    missioner for the purchase of the pasturage
    land comprised within such license shall be
    entitled to purchase all or any portion of such
    land, at a fixed price to be determined in the same manner as
    is hereinbefore provided with respect to the
    upset price of pasturage lands to be sold by
    auction: Provided always that the land so to
    be sold at a fixed price shall be taken in one
    block, and in shape as provided in the 15th
    clause of this Act.

46. A deposit of threepence per acre upon
    the computed acreage of the land applied for
    as last aforesaid shall be paid at the time of
    making such application, which shall be
    received as part payment of the purchase
    money.

47. The remainder of the purchase money
    shall be paid within three months after notifi-
    cation by the Commissioner in the Government
    Gazette, or local newspaper published in the
    said province, of the completion of the survey
    of the land applied for: Provided always that
    such purchaser, after paying such further sum
    of money (if any) as with the deposit paid
    shall amount to ten pounds per cent. upon the
    purchase money, may, instead of paying the
    remainder of the purchase money, and with there-
    on, by 13 annual instalments of ten pounds
    per cent. upon the amount of the purchase
    money; as is hereinbefore provided with respect
    to other lands bought upon credit, and for the
    performance of the conditions hereinbefore
    mentioned with respect to the purchase upon
    credit of pasturage lands.

48. Any lands put to auction, and not
    sold, may, within three years next 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 pur-
    chase: provided there has been no bidding for
    such lands, and in case of any bidding then
    the highest price bid. Provided always that
    nothing herein contained shall prevent such
    land being advertised and put up again for sale
    by auction at any time if not previously ap-
    plied for.

49. Provided also that whenever the title to
    any native land shall have been extinguished, it
    shall be lawful for the Superintendent, if he shall
    think fit, to permit any of the native sellers to
    purchase, at a price to be assessed in the same
    manner as other Crown lands, any portion of
    such land, not being town or suburban land,
    and the same may be conveyed by Crown grant
    accordingly.

50. Provided further, that in certain cases
    where lands have been acquired by purchase
    from the natives previous to the colonization of
    the Province by Europeans, or have been oc-
    cupied with the consent of the natives previous
    to the proclamation of Sir George Grey, dated
    the 4th day of March, 1853, such persons, or
    their descendants now in occupation of such
    lands, shall be entitled to purchase the said
    land or any portion thereof, not exceeding in
    any case eighty acres, at the rate of ten shil-
    lings per acre.

51. No portion of the land occupied by a
    pasture license-holder, where a homestead
    shall have been erected or improvements made,
    shall be offered for sale until the offer of pur-
    chasing such land shall have been made to
    such license-holder, at a price per acre as-
    sessed within the limits of the upset price of
    the class of land to which the land in question
    may belong.

52. The license-holder in such case will be
    entitled to purchase, upon the terms mentioned
    in the preceding clause, a block of land not
    exceeding eighty acres, containing his home-
    stead and improvements; but he may be re-
    quired to exercise his right of purchase at any
    time after one month's notice.

53. In case of the license-holder declining
    or neglecting to exercise his right of purchase,
    the land on which his homestead stands may
    be offered for sale; but in that case, the value
    of the improvements thereon shall be assessed
    in some equitable manner, the land shall be
    offered for sale at a price made up of the upset
    price of the land and the value of the improve-
    ments. Should any other than the holder of
    the license become the purchaser, the value of
    his improvements will be paid to the license-
    holder after the sale; but should there be no
    bidding for such homestead, the license-holder
    will be required to purchase the land at the
    upset price (minus the value of his improve-
    ments) immediately after the sale; should he
    not do so, the homestead may at any time be
    sold at such price as may be deemed expe-
    dient.

54. In the event of the land upon which
    the homestead of any licensed holder of pastu-
    rage lands being purchased by any per-
    son other than the holder of such license, the