Land containing Minerals.

92

41. The Superintendent shall and may
    from time to time, as to him it may seem
    meet, lease by public auction or public ten-
    der (excepting in the case hereinafter men-
    tioned) inallotments not containing more than
    one hundred and sixty acres, and for any
    term not exceeding twenty-one years, any o
    the Waste Lands containing minerals, unto
    such persons as may desire to become the
    lessees thereof.

42. In the event of any person discovering
    minerals in such Waste Lands, the Super-
    intendent may lease unto him by private con-
    tract an allotment of such Waste Lands, not
    containing more than one hundred and sixty
    acres, for any term not exceeding twenty-one
    years, and at such annual rental as he shall
    deem meet.

43. In every lease of Waste Lands con-
    taining minerals, a royalty shall be reserved
    to the Crown of one fifteenth of the minerals
    to be raised in the allotment thereby demised,
    and such lease shall contain clauses for the
    several purposes following, namely,–

44. For securing the payment of the
    royalty or rent.

45. For enabling some person, on the
    part of the lessor, from time to time
    to enter and examine the mine.

46. For securing the regular, proper, and
    efficient mining and working of the
    minerals.

47. For making void the lease on breach
    of the stipulations on the part of
    the lessee therein contained.

48. For delivering up the property at
    the termination of the lease in good
    tenantable repair.

49. For enabling the lessee to abandon
    the working of the minerals when-
    ever he shall find the same unpro-
    fitable to work, and surrender the
    lease.

Sale of Country Lands on Credit.

44. Notwithstanding anything hereinbe-
    fore contained, as to the sale, letting, occu-
    pation, or disposal of the said Country Lands,
    the Superintendent shall, and may, from time
    to time, set apart allotments thereof, for the
    purpose of being sold, on and subject to the
    terms and conditions hereinafter mentioned.

45. Such allotments shall contain, respec-
    tively, not less than twenty acres, nor more
    than one hundred acres, and shall be sold at
    the uniform price of fifteen shillings an acre,
    and but one of them shall be sold to the same
    person.

46. The intending purchaser of any of the
    said allotments, or his agent, shall on tender-
    ing his application to purchase, make a deposit
    with the Waste Lands Commissioner of one
    shilling for every acre in the allotment; and
    such application shall not be received unless
    and until the deposit shall have been so
    made.

47. The purchase money of every such
    allotment shall be paid in manner following,
    namely: one-fifteenth-part thereof shall be
    paid on the day of sale, and the aforesaid de-
    posit being retained shall be considered as
    such payment; one-fifteenth part thereof
    within one year thereafter; one-fifteenth part
    thereof within two years after such day of sale;
    one-fifteenth part thereof within three years
    after such day of sale; one fifteenth part
    thereof within four years after such day of
    sale; and the remaining part thereof within
    five years after such day of sale.

48. The purchaser of every such allotment
    shall erect thereon, within the first year after
    such day of sale, a dwelling-house, of the
    length of twenty-four feet, and of the breadth
    of twelve feet and of the height of seven feet
    from the ground to the caves; and having
    therein a fire-place and chimney, and being
    divided into at least two compartments; and
    also shall erect thereon, within two years
    after such day, a number of chains
    of fencing, equal in amount to one-half the
    number of acres in such allotment; and shall
    further erect thereon, before the expiration of
    the fifth year from such day of sale, an addi-
    tional number of chains of fencing, equal in
    amount to that last mentioned, such fencing to
    consist of proper fences within the meaning of
    "The Fencing Act," Session 2, No. 5.

49. The Waste Lands Commissioner or his.
    appointee shall have access at all reasonable
    times to every such allotment, for the purpose
    of ascertaining if the purchaser thereof hath
    complied with these regulations.

50. In the event of such purchaser failing
    to pay any of the said instalments of the pur-
    chase money within the time in that behalf
    hereinbefore specified, or failing to erect, as
    and in manner aforesaid, such house or fencing,
    all his estate and interest in such allotment
    shall cease and determine.

51. On the determination of the purchaser's
    estate or interest in such allotment, or as
    soon as may be convenient thereafter, the Su-
    perintendent shall and may appoint two land-
    holders of the district wherein the land is situ-
    ate, to make a valuation of the prescribed im-
    provements made thereon, with power to ap..
    point, in case of their disagreeing respecting
    the value thereof, an umpire, whose decision
    in such case shall be final; and, after such
    valuation shall have been so made, the allot-
    ment shall be sold by public auction, subject
    to such valuation, and the reasonable expenses
    incurred in making the same; and in the event
    of its realizing, when so and in such manner
    sold, the said sum of fifteen shillings an acre,
    the amount of the valuation so made shall be
    paid out of the proceeds of such sale, by the
    Waste Lands Commissioner, to the purchaser
    so forfeiting, or, in case of his decease, to
    his personal representatives.