21
THE NEW ZEALAND GAZETTE.

chase money signed by a Receiver of Land
Revenue.

39. The Commissioner or his Deputy, imme-
    diately on receipt of such application, shall, in
    the presence of the intending purchaser or his
    agent, if such purchaser or agent desire the same,
    enter in the minute book to be kept for that
    purpose the day and hour of the receipt of the
    application, the name of the purchaser and the
    area, situation, and number of the allotment, and
    the amount paid as the purchase money of the
    same.

40. As soon as such entry shall have been so
    made, the land to which the same shall refer
    shall be deemed to be sold, and the purchaser
    thereof entitled to a Crown Grant.

IV.
Credit Land.

41. No land, after the 1st day of August, 1860,
    shall be sold upon Credit, except such as it may
    be lawful to set apart for Special Settlement by
    Immigrants expected to arrive.

42. Before any Credit Land shall be sold, the
    Superintendent shall declare by notification in
    the Provincial Government Gazette, and in such
    newspapers in the Colony of New Zealand as
    elsewhere as he may think fit, that the same will
    be open for sale at a place, and on and after a day,
    to be fixed in the notification; which day shall
    be at least two calendar months after the first
    publication of such notification.

43. All Credit Land shall be open for sale at
    the price of ten shillings an acre, and shall be dis-
    posed of only to persons willing to purchase the
    same subject to the conditions hereinafter con-
    tained, for the occupation and improvement
    thereof.

44. Any person upwards of sixteen years of
    age desirous of making a selection of Credit Land
    shall, on application to the Commissioner or his
    Deputy in Auckland, or to such other person in
    the Colony of New Zealand as shall be appointed
    by the Superintendent to receive the same, be
    entitled, upon payment of a sum after the rate
    of one shilling an acre by way of deposit, to re-
    ceive a Land Order in a form to be, from time to
    time, prescribed by the Superintendent: Provided
    always that no person shall be entitled to any such
    land order for more than eighty or less than forty
    acres of land.

45. 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 any
    Credit Land which shall be open for selection at
    the time such person shall desire to make the
    same: Provided always that the land so selected
    shall be either in one allotment or in contiguous
    allotments.

46. Every right of selection must be exercised
    within two calendar months from the date of the
    land order, if such land order has been issued in
    the Province of Auckland, but if such order has
    been issued elsewhere, within six months from
    the date thereof; and the selection under any
    such land order shall be deemed to be complete
    whenever the person making the same shall have
    delivered such order during office hours at the
    Waste Land Office, together with a description in
    writing (under a sealed cover, with the words
    "Description of Credit Land" legibly written
    thereon), sufficient for the purpose of identifying
    the land selected.

47. All such sealed covers shall be opened at
    noon on the next Monday (not being a holiday)
    by the Commissioner or his Deputy in the pre-
    sence of a Receiver of Land Revenue, or such
    other officer of the Provincial Government as the
    Superintendent may from time to time appoint

for that purpose, and in the presence of any
applicants, if they shall attend; and if there be
more than one application for the same allot-
ment, the Commissioner or his Deputy and
such Receiver or other Officer shall at once
put up the same for sale by auction at the upset
price of ten shillings an acre, at which sale those
only who applied for the allotment shall be allowed
to bid, and the highest bidder amongst them shall
be declared the purchaser thereof, and the amount
bid shall be deemed to be the price of the said allot-
ment. Provided always that when the person so
receiving a land order does not make a selection
within two months or six months respectively
after the date thereof, it shall be lawful for such
person to return to the Waste Land Office such
land order and to receive back the amount paid
for the same: Provided also that if any such
order be not returned within seven days from the
time within which the selection in respect of
the same should have been made, such order
shall be held to have lapsed, and the amount
paid for the same forfeited.

48. Any person whose application shall be
    granted shall be entitled to have immediate oc-
    cupation of the land selected, and shall be en-
    titled to a lease of the same for five years, in a
    form to be, from time to time, prescribed by the
    Superintendent, at a yearly rent, after the rate
    of sixpence an acre, payable yearly; and the
    payment hereinbefore required by the way of
    deposit, shall be deemed to be in payment of
    the first two years' rent.

49. 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 contained in such
    lease, on payment of the price thereof, as afore-
    said: Provided always that if the purchase
    money and all the rent due be not paid within
    six calendar months after the expiration of the
    lease, the land therein comprised, together with
    all improvements thereon, shall be sold by auc-
    tion, by order of the Superintendent, after two
    months' notice given in the Provincial Govern-
    ment Gazette, and in two of the newspapers
    published in Auckland; and the proceeds, after
    deducting all sums due in respect of the said
    land and all expenses incident to the sale thereof,
    shall be paid over to the lessee forfeiting the
    claim, or to his appointee or representative:
    Provided that in default of such sale by direction
    of the Superintendent within twelve calen-
    dar months after the expiration of the lease, the
    Governor may direct the sale of such land upon
    not less than two months' notice, given in such
    wise as he may think fit.

50. Every person shall be deemed to have
    bona fide occupied any Credit Land under lease
    as aforesaid, who shall have erected a habitable
    dwelling-house thereon during the first year,
    and made improvements thereon, or any part
    thereof, after the rate of one acre in ten of open
    land, and one acre in twenty of forest land, for
    every year, after the first year, during such oc-
    cupation. Such improvements to consist of till-
    age or clearing of forest or laying down to grass;
    and a residence during the whole term of five
    years by the lessee on any such land shall be
    deemed and taken to be equivalent to such im-
    provements.

51. Any lessee of Credit Land who shall at
    any time during the term of his lease have com-
    pleted all the improvements which he is by these
    Regulations required to make during the whole
    term of five years, and who shall pay the
    price thereof, and also all rent accrued
    due, shall be forthwith entitled to a grant of the
    land included in such lease.