his agent, an order on the person so ap-
pointed by the Governor to receive such pur-
chase money, for the return unto such un-
successful party or agent the purchase money
so paid by him for such allotment or part
thereof.

31. The persons so appointed to receive
    such purchase money shall, on presentment
    of such order, return forthwith to such un-
    successful party or agent the purchase money
    mentioned in such order.

Subsequent Applications.

32. From and after the day of unsealing
    and opening, any person desirous of pur-
    chasing any allotment in such block may by
    himself or his agent tender an application in
    writing unto the Waste Lands Commis-
    sioner, which application shall contain the
    name of the intending purchaser, the area
    and situation of the allotment, and a descrip-
    tion of its boundaries.

33. The Waste Lands Commissioner shall
    not receive such application unless such in-
    tending purchaser or his agent shall, at the
    time of tendering the same, exhibit to him
    the receipt for the purchase money of such
    allotment; and until such payment shall
    have been so made, the allotment shall be
    deemed and taken to he unsold.

34. The Waste Lands Commissioner shall,
    immediately there (and in the presence of
    the said intending purchaser or his agent, if
    such purchaser or agent should desire
    the same), enter in the said Minute Book
    the date of the reception of such application,
    the name of such purchaser, the area and
    situation of the allotment so purchased, the
    block whereof such allotment forms a
    part, and the amount which such purchaser
    shall have so paid as the purchase money of
    and for such allotment.

35. At the time of any application for
    unsurveyed land being granted, the applicant
    shall be informed that the land so selected
    shall be surveyed at the expense of the Go-
    vernment, or that the applicant must have
    the same surveyed at his own expense, by a
    surveyor authorized by the Waste Lands
    Commissioner, to survey for the district in
    which such land shall be situate; in which
    latter case such applicant shall be entitled to
    receive an allowance of five acres for every
    hundred acres so surveyed, as compensation
    for the cost thereof.

36. Every survey to be made by the ap-
    plicant must be completed within twelve
    months after the applicant shall have been
    informed that the land is to be so surveyed,
    and in default thereof it shall be lawful for
    the Waste Lands Commissioner either to
    have the land surveyed at the applicant's ex-
    pense (which shall be repaid before the

91

Crown grant shall be issued), or it shall be
disposed of to any other person; and in such
letter case the purchase money paid by the
first applicant shall be returned to him on
demand, after deducting one-tenth part
thereof as a forfeiture for the default.

37. All allotments in such blocks shall be
    respectively sold, subject to the right of the
    Crown to make public roads or railways over
    and through such allotments, upon making
    compensation to the persons seized thereof
    respectively.

Country Land offered to Sale at fixed price,
and not Sold.

38. When any block of Country Land, or
    part thereof, shall remain unsold for the
    space of six calendar months from and after
    the first day fixed by the Superintendent
    through such notification as aforesaid for the
    said block being so open to sale at such fixed
    price, the Superintendent may from time to
    time, and as to him it shall seem meet, cause
    the same to be sold by public auction, at an
    upset price of not less than ore shilling per
    acre, and in allotments not containing res-
    pectively more than six hundred and forty
    acres; provided that no such lands shall be
    so offered for sale until the Superintendent
    shall have given notice in such Gazette of
    such intended sale, and until three calendar
    months shall have elapsed from and after the
    appearance of such notice.

Scrip.

39. In all sales of the said Waste Lands
    whether by auction or otherwise, all Scrip to
    be issued under any Act or Acts of the Local
    Legislature of this Province, and any Scrip
    which may be issued by the Governor in lieu
    of granting land in exchange, under the
    ninth and tenth sections of the Crown Titles
    Ordinance, shall be deemed and taken to be
    money for the amount for which the same
    shall have been issued, and shall be receiva-
    ble for such amount as payment or part pay-
    ment for any allotment of the said waste
    land to be sold under and subject to these
    Regulations.

40. So far as lands purchased by private
    persons before the Treaty of Waitangi from
    the aboriginal inhabitants of New Zealand,
    or purchased under the Pre-emption Procla-
    mation of Governor Fitz Roy, may be deemed
    or held to be Waste Lands of the Crown, it
    shall be lawful for the Governor to convey
    and assure unto the purchasers of such lands
    or those claiming under them (as the case
    may be), the lands so purchased, upon their
    proving to the satisfaction of the Governor
    that such purchases were effected bona fide.