β¨ Land Regulations Text
THE NEW ZEALAND GAZETTE. 205
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If any lessee or any other person shall con-
tinue in possession of land which shall have be-
come forfeited under the provisions of these Re-
gulations (unless an appeal as hereinafter pro-
vided be pending) he shall be deemed to be in
the unlawful occupation of Waste Lands of
the Crown, and shall forfeit and pay for every
day during which he shall so continue in pos-
session the sum of 40s, to be recovered before
any Justice of the Peace in a summary way. -
Every lessee of Credit Land shall forward
to the Commissioner on the last day of the the
second year, and on the last day of every subse-
quent year of the term of his lease, or within
fifteen days after such days respectively, a
return in writing in a form to be, from time to
time, prescribed by the Superintendent, of the
land improved by him during the preceding
year, and the nature of such improvements,
which return shall be certified by two house-
holders, and all such returns shall forthwith be
published in the Provincial Government Gazette
for general information. -
Any Lessee or his assign will be permitted
to assign and transfer any Credit Land, subject
to the terms and conditions prescribed in the
original lease, and subject also to the approval of
the Superintendent, on the recommendation of
the Commissioner. -
If any person holding under such lease as
aforesaid shall not within six months enter into
bona fide occupation of the land thereby leased,
or if he shall not pay the yearly rent of sixpence
per acre at the end of the second and every sub-
sequent year, or if he shall cease to bona fide
occupy, or if he shall omit for one month after
notice to make the return in writing required as
aforesaid, the Commissioner shall forthwith, by
a notification to be published in the Provincial
Government Gazette, declare that the right and
interest of such lessee in such land has become
forfeited; and the Superintendent may let or
sell or otherwise dispose of it under these Regula-
tions in the same manner as if the land had never
been let to such lessee. -
If any question shall at any time arise as
to whether a forfeiture has been incurred or suffi-
cient improvements made, as required by these
Regulations, it shall be lawful for the lessee,
within one month after such question shall
have arisen, to prefer an appeal, in writing, to
the Superintendent, which appeal shall be re-
ferred, at the expense of the party requiring the
same, to two arbitrators and an umpire, to be
appointed in the usual way, whose decision shall
be final and conclusive. -
If any lessee or any other person shall,
after the time for appealing to the Superinten-
dent against the decision of the Commissioner
shall have elapsed, continue in possession of land
which shall have become forfeited under the pro-
visions of these Regulations, he shall be deemed
to be in the unlawful occupation of Waste Lands
of the Crown, and shall forfeit and pay for every
day during which he shall so continue in pos-
session the sum of forty shillings, to be recovered
before any Justice of the Peace in a summary
way.
V.
Land for Special Settlement.
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It shall be lawful for the Superintendent
from time to time, to declare by Proclamation
that a certain Block of Land therein described
shall be set apart and reserved for certain Im-
migrants expected to arrive from the United
Kingdom, or elsewhere, other than the Austra-
lian Colonies. -
Such land so set apart and reserved shall
be sold exclusively to such Immigrants upon the
terms and conditions hereinbefore prescribed
respectively in reference to Town and Suburban
Land and to General Country Land and Credit
Land, as the Superintendent may from time to
time think fit. -
It shall be lawful for the Superintendent
at any time to revoke any such Proclamation,
and the land therein comprised shall thereafter
be open to be classified and dealt with as though
the same had not been set apart and reserved as
aforesaid: Provided always that the validity of
any act which shall have been done under such
proclamation before the revocation thereof, shall
not be affected by such revocation.
VI.
Mineral Lands.
-
Any person applying for a Lease of Waste
Land (other than Town or Suburban Land),
whether surveyed or unsurveyed, for the pur-
pose of winning and working the Minerals (other
than Gold) therein contained, shall be entitled
to the same upon the following terms and con-
ditions:- -
The Lease shall comprise so much Land
as shall, in the opinion of the Commis-
sioner, be necessary for the efficient
working of the Minerals, not being less
than 20 or more than 80 acres. -
The term to be granted shall be any
number of years, at the option of the
Lessee, not exceeding 21. -
There shall be reserved a Royalty or
rent of one-fifteenth of the Minerals to
be raised. -
The Lease shall contain clauses in the
usual form introduced into Mining Leases,
-1. For securing the 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 working of the
Minerals, 4. For making void the Lease
on breach of the stipulations, on the part
of the Lessee, therein contained. 5. For
delivering up the property at the termi-
nation of the Lease in good tenantable
repair. 6. For enabling the Lessee to
abandon the working of the Minerals,
whenever he shall find the same un-
profitable to work, and surrender the
Lease. -
All applications for Leases shall be sent in
by the applicant, and dealt with in the same
manner as applications for General Country
Land. -
Every applicant for a Mineral Lease shall
furnish to the Commissioner, within a time to
be fixed by him after the application shall have
been granted, a plan and description of the land
to be leased; which plan and description shall
be made and prepared by a surveyor to be ap-
proved of by the Commissioner. -
The Land comprised in any Mining Lease
shall, at the request of the Lessee, at any time
after an occupation of three years, be put up to
auction at an upset price of ten shillings
an acre, subject to the Lease thereof already
granted.
VII.
Immigration.
- As it is expedient that persons emigrating
at their own cost from the United Kingdom and
elsewhere, other than the Australian Colonies
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β¨ LLM interpretation of page content
πΊοΈ
Continuation of Land Regulations concerning lease forfeiture and appeal procedures.
(continued from previous page)
πΊοΈ Lands, Settlement & Survey26 August 1859
Lease forfeiture, Unlawful occupation, Waste Lands, Improvements, Rent, Appeal process
πΊοΈ Regulations establishing land reserved for Special Settlement immigrants.
πΊοΈ Lands, Settlement & Survey26 August 1859
Special Settlement, Immigrants, Proclamation, Land reservation, Superintendent
πΎ Terms and conditions for leasing Mineral Lands, excluding Gold.
πΎ Primary Industries & Resources26 August 1859
Mineral Lease, Royalty, Rent, Acreage limits, Surveyor requirements, Auction
π Beginning of regulations concerning self-funded Immigration from outside Australian Colonies.
π Immigration26 August 1859
Emigration, United Kingdom, Self-cost immigrants
NZ Gazette 1859, No 29