17

II.
Town, Suburban, and Rural Land.
8. All town land, suburban land, and rural
land shall be sold by auction according to the
Regulations hereinafter prescribed for auctions.
The upset price of allotments of such land re-
spectively shall be fixed by the Waste Land
Board, subject to the approval of the Superinten-
dent and his Executive Council.

III.
Special Occupation Land.
9. In every district of land throughout the
Province, which shall from time to time be de-
clared open for settlement as aforesaid, the quan-
tity of land to be set apart for Special Occupa-
tion Land shall be at least one-third part of such
district, and the same shall be set apart by the
Waste Land Board, subject to the approval of
the Superintendent and his Executive Coun-
cil.

10. Such land so to be set apart shall be at
    least of the average quality of the Rural and Ge-
    neral Country Land in the district, having regard
    especially to natural fertility and to position as
    respects the vicinity of wood and water, and of
    roads and other facilities of communication with
    markets and with other parts of the Province.

11. Such land shall be set apart in blocks not
    exceeding in size ten thousand acres in one block
    and such blocks shall be distributed throughout
    the district, and shall be situate, nearly as may
    be, equi-distant from each other.

12. As soon as conveniently may be after any
    such block shall have been set apart as aforesaid,
    it may be surveyed and divided into allotments
    of such size and description as the Waste Land
    Board, subject to the approval of the Superinten-
    dent and his Executive Council, shall direct, and
    such allotments shall be distinguished on a plan
    thereof by appropriate marks.

13. After any such block shall have been set
    apart as aforesaid, and the outside boundaries
    thereof surveyed, and either before or after the
    same shall have been subdivided into allotments,
    it shall be lawful for the Superintendent, with
    the advice of his Executive Council, to declare
    by Proclamation to be published in the Provincial
    Government Gazette that the same shall be open
    for sale in New Zealand on and after a day to be
    fixed by Public Notice of at least one month to
    that effect, to be published in the Provincial Go-
    vernment Gazette.

14. Or it shall be lawful for the Superinten-
    dent, with such advice as aforesaid, to declare by
    a notice to be published in the said Gazette that
    any such block of land is reserved for sale in the
    United Kingdom or elsewhere without the Co-
    lony of New Zealand.

15. All such Special Occupation Land shall be
    sold at the fixed price of ten shillings an acre,
    and shall be disposed of only to persons intending
    bona fide to occupy and improve the same, and
    who shall be willing to take the same subject to
    the conditions herein contained,

16. Any person desirous of making a selection
    of Special Occupation Land shall, on application
    to the Waste Land Board in Auckland or to their
    Agent elsewhere out of New Zealand respectively
    be entitled, upon payment of a sum of one shil-
    ling per acre by way of deposit, to receive a Land
    Order in a form to be prescribed by the Waste
    Land Board. Provided always that no person
    shall be entitled to any Land Order for more than
    five hundred acres of land (unless the same be
    claimed in respect of intermediate or steerage
    passengers as hereinafter provided) or less than
    forty acres.

17. Such Land Order shall not be transferable,
    but in the event of the death of any person to
    whom any such Order shall have been issued, all
    his right and interest under the same shall vest
    in his appointee constituted in writing, and in de-
    fault of such an appointee shall vest in his legal
    representative, either of whom shall be subject to
    the like terms and conditions as the person to
    whom such Land Order was originally granted.

18. Every such Land Order shall authorise the
    person entitled to the same, or his agent consti-
    tuted in writing, to make a selection out of the
    particular block or blocks of land which shall
    have been specially set apart for the purpose, and
    which shall be specified in such Land Order, or
    out of any other Special Occupation Land which
    shall have been set apart for section 13 of these
    Regulations for sale in New Zealand, and which
    shall be open for selection at the time such per-
    son shall desire to make the same. Provided al-
    ways, that the land so selected shall be either in
    one allotment or in contiguous allotments.

19. Every right of selection must be exercised
    within two calendar months from the date of the
    Land Order where the same shall have been is-
    sued by the Waste Land Board in Auckland, be-
    fore the expiration of six calendar months from
    the date of the Land Order where the same shall
    have been issued by an Agent of the said Board
    in any one of the Australian Colonies, and before
    the expiration of twelve calendar months from
    the date of such Land Order where the same shall
    have been issued by an Agent of the said Board
    elsewhere out of the Colony of New Zealand, and
    in default of any such selection being made within
    the time limited for making the same as aforesaid
    the right to make a selection shall cease, and the
    deposit paid in respect of the same shall be for-
    feited.

20. The selection under any Land Order shall
    be deemed to be complete whenever the person
    making the same shall have delivered such order
    during office hours to the Waste Land Board, to-
    gether with a description in writing (under a
    sealed cover, with the words "Description of
    Special Occupation Land" legibly written there-
    on) sufficient for the purpose of identifying the
    land selected, and all such sealed covers shall be
    opened at ten o'clock in the morning of the next
    business day, in the presence of the applicants if
    they shall attend, and if there be more than one
    application for the same land, or any part thereof,
    one of the Commissioners shall (as to the land in
    dispute) at once decide by lot the priority of
    choice.

21. The person whose application shall be
    granted shall then be entitled to have immedi-
    ate occupation of the land selected, and shall be
    entitled to a lease of the same for five years, in a
    form to be prescribed by the Waste Land Board,
    at a yearly rent after the rate of sixpence per
    acre, payable yearly, and the payment hereinbe-
    fore required by way of deposit, shall be deemed
    to be in payment of the first two years' rent.

22. After five years bona fide occupation, and
    the payment of the rent reserved by the lease, the
    lessee shall be entitled to a grant from the Crown
    in fee simple of the land comprised in such lease
    on payment of the price thereof after the rate of
    ten shillings an acre. Provided always that if the
    purchase money and all rent due be not paid
    within six calendar months after the expiration of
    the lease, the land therein comprised shall be
    forfeited and may be resumed by the Waste Land
    Board on behalf of the Crown.

23. No Lessee will be permitted to assign, un-
    derlease, or part with the possession of any Spe-
    cial Occupation Land, and none other than the