35

applicant shall deposit 10s. per acre for the land
applied for him.

11. In the event of two or more persons!
    having made application for the same land on
    the same day, such land, if the Board shall
    decide that it should be sold, shall be put up
    for sale by auction at an upset price of 10s. per
    acre, the said applicants alone being allowed to
    bid for the same.

12. No application for a less quantity than 10
    acres of rural land shall, except as hereinafter
    provided by clause 19, be granted by the Waste
    Land Board, and the land specified in every ap-
    plication shall, so far as the features of the
    country and the survey of the Province will
    admit, be of a rectangular form, and, when
    fronting a river, lake, road, or coast, be of a
    depth not less than twice the length of the
    frontage; Provided always, that under special
    circumstances, the Waste Land Board may
    deviate from such rule, and may also permit
    proprietors to complete their properties by the
    purchase of adjoining lands of irregular shape
    and of small extent, provided such purchase
    shall not unduly interfere with the advantageous
    division of the adjoining land into convenient
    allotments.

13. The Waste Land Board at the time of
    any application for unsurveyed land being
    granted, or as soon as conveniently may be
    thereafter, shall inform the applicant that the
    land applied for by him will be surveyed at the
    expense of the Government; or, that the ap-
    plicant must have the land surveyed at his own
    expense by a surveyor to be authorised by the
    said Board, and every survey made by such
    surveyor shall be approved by the said Board
    before the applicant shall receive a certificate
    entitling him to take possession of the land
    specified in his application.

14. In every case when an applicant shall
    have had land surveyed at his own expense as
    aforesaid, he shall be entitled to receive an al-
    lowance at the rate of ten acres for every 100
    acres so surveyed, as compensation for the cost
    of survey.

15. Every survey to be performed at the
    expense of an applicant shall be completed and
    delivered at the Waste Land Office within six
    months after the day on which his application
    was granted; and in default thereof it shall be
    lawful for the Waste Land Board either to have
    the land surveyed and charge the expense to the
    applicant, who shall repay the same before he
    shall be entitled to receive a certificate as afore-
    said, or it shall be lawful for the said Board to
    dispose of the said Land to any other applicant,
    and in such latter case the money deposited by
    the first applicant shall be returned to him on
    demand after deducting one tenth part thereof
    as a forfeiture for his default; or in case the
    first applicant shall refuse to accept the said
    land after it shall have been surveyed the money
    deposited shall be returned to him on demand,
    after deducting one tenth part thereof as a for-
    feiture for his default, and such further sum as
    may be necessary to cover the expense of such
    survey.

16. It shall be lawful for the Superintendent
    with the advice and consent of the Provincial
    Council, to reserve from sale and set aside for
    public uses, any land within the Province of
    Otago, and such reserves shall be dealt with by

Ordinance of the Superintendent and Provincial
Council.

17. It shall at any time be lawful for the
    Waste Land Board, with consent of the Super-
    intendent and Executive Council, to offer for
    sale by auction, or to dispose of by lease, as
    hereinafter provided, any land which shall be
    deemed to possess special value, as containing
    minerals.

18. It shall be lawful for the Waste Land
    Board, with the consent of the Superintendent
    and his Executive Council, to refuse to grant the
    application of any person for any land if it shall
    appear to the said Board that the sale of such
    land would be injurious to the public interests;
    Provided also that it shall be lawful for the said
    Board, with the like consent, to receive and
    grant applications from any person for the pur-
    chase of any rural land upon which timber
    shall be standing in such quantities as the said
    Board shall see fit; and at the same price per
    acre as is hereinbefore fixed for the sale of other
    rural land.

IV.
Mineral Land Leases.

19. It shall be lawful for the Waste Land
    Board with the consent of the Superintendent
    and his Executive Council, to grant upon the
    following terms and conditions, and upon such
    other terms and conditions, as they shall deem
    necessary, to any person applying for the same
    a lease of land containing, or supposed to con-
    tain, minerals :—

20. That the lease shall comprise so much land,
    not being less than five or more than
    eighty acres, as shall in the opinion of
    the Waste Land Board be necessary for
    the efficient working of the minerals.

21. That the term to be granted shall be any
    number of years not exceeding twenty-
    one, at the option of the lessee.

22. That there shall be reserved a royalty or rent
    of one-fifteenth of the minerals to be raised,
    except on coal, in respect of which the
    royalty or rent shall be nominal, pro-
    vided the object of such lease shall be to
    have coal brought to market in abundance,
    and at the lowest price.

23. That the lease shall contain the usual
    clauses introduced into mining
    leases—1. For securing payment of the
    royalty or rent. 2. For enabling some
    person on the part of the lessor from
    time to time to enter and examine the
    mine. 3. For securing the regular,
    proper, and efficient winning and work-
    ing of the minerals. 4. For making void
    the lease on breach by the lessee of the
    covenants therein contained. 5. For
    delivering up the property at the termi-
    nation of the lease in good tenantable re-
    pair. 6. For enabling the lessee to
    abandon the working of the minerals
    whenever he shall find the same unpro-
    fitable to work, and to surrender the
    lease.

24. Every application for a lease shall be
    sent in by the applicant, and dealt with by the
    Waste Land Board, as hereafter provided by
    clause No. 36; and in the event of an auction
    taking place, the upset price for any lease not