NELSON GOVERNMENT GAZETTE. 111

8. SURVEYOR TO REPORT.

Before or at such hearing a report and plan by the Chief Surveyor, or some person authorised by him, shall be furnished to the Warden, setting forth the probably auriferous nature, or otherwise of the land applied for; the prior existence or otherwise of any claim or mining privilege thereupon; and the desirability or otherwise of reserving the whole or any portion of such land for roads, water races, or other public or necessary purposes; and such Surveyor shall also (if so instructed by the Warden) attend at the hearing to render such information as may be required.

9. WARDEN TO REPORT.

The Warden shall forward the application, together with the Surveyor's report, and all other documents relating to the application, to the Superintendent. And therewith the Warden shall report any reason known to him, why such application should not be granted, and also whether the applicant is the holder of any other land under the Agricultural Lease Regulations; and if so, specifying the extent and area of any such former holding. And such report shall include the Warden's recommendation as to the granting or refusal of the application.

10. PROTECTION DURING APPLICATION.

All applications for Agricultural Leases will be reserved for the final decision of the Superintendent; and land for which application shall have been made in the manner aforesaid shall be "protected" from the date of such application until such decision shall have been made known to the Warden.

11. OCCUPATION CERTIFICATE.

After the approval by the Superintendent of any application, and pending the issue of a lease, a certificate in the form in the third Schedule hereto will be issued to the applicant, and such certificate will bear date from the first day of the month wherein the application shall have been granted.

12. FAILURE TO TAKE UP CERTIFICATE.

If any applicant fails or neglects to take up his certificate within thirty (30) days after notice by advertisement in a newspaper circulating in the District, from the Warden that such certificate is ready for issue, such certificate may be forthwith cancelled, and upon such cancellation the deposit paid upon the application will be forfeited.

13. TERM OF LEASE.

Leases will be dated from the first day of January, April, July, or October, which may be next ensuing the date of the certificate issued under regulation 11.

14. CERTIFICATES TO BE EXCHANGED FOR LEASES.

If the holder of such certificate shall neglect for the space of thirty (30) days from the time of notification by advertisement in a newspaper circulating in the district that the lease is ready for execution, to execute such lease and a counterpart thereof, the said lease shall become void and the ground declared open for occupation.

15. RENT.

The rent charged shall not exceed two shillings (2s.) per acre, payable half-yearly in advance from the date of the lease, and every fractional part of an acre will be considered as an acre, and charged accordingly.

16. REFUSAL OF APPLICATIONS.

In the event of the refusal to grant any application, the applicant will be entitled to a refund of the amount of his deposit less any charges that may have been incurred by reason of such application.

17. LEASE TO BE MADE OUT.

Immediately after the hearing, if there be no objection to the lease being granted, and the Warden recommends the granting thereof, all the documents relating to the application with the Warden's recommendation endorsed thereon, shall be forwarded to the Survey Office for the district and the Chief Surveyor shall cause the plan and description of the land applied for to be put on the form of lease in duplicate and forwarded to the Superintendent's office, together with the documents relating to the application.

18. EXEMPTIONS.

Agricultural Leases will not, except in special cases, be granted for land within the boundaries of proclaimed townships, or of public reserves, nor for any area including a permanent water-course, or which may present auriferous indications; and in all cases a public roadway, not less than 1 chain in width, will be reserved along the banks of rivers.

19. SALE OF INTERESTS.

The sale or transfer of any right, title, or interest to or in any application for an Agricultural Lease will not be permitted nor recognised, without the sanction in writing of the Superintendent.

20. CANCELLATION OF CERTIFICATES OR LEASES.

Every certificate and lease shall be subject to the conditions following (that is to say), that if the land be transferred without the sanction and authority of the Superintendent; or if planting, cultivation, or other permanent improvement be not commenced within three months after the issue of such certificate or lease; or if one-eighth in acreage of the land be not planted, cultivated or otherwise improved within twelve months from the date of any such certificate or lease; or if at any time during the currency of the lease, the land shall be neglected for a period of six months; or if any rent be not paid on the days appointed for payment thereof, the certificate or lease may be cancelled, and the interest of the holder of the certificate, or the lessee, as the case may be, absolutely forfeited; and in every case where such conditions shall not be expressed in any certificate or lease the same shall be implied therein respectively.