Dec. 22.] THE NEW ZEALAND GAZETTE. 1647

ceiver of Gold Revenue, at such time and place as the said Warden may appoint, the said applicants alone being allowed to bid for the same, and the highest bidder at such sale shall be entitled to the lease of the land so offered. If only one applicant shall be in attendance at the time appointed for the auction, no auction shall take place, but such applicant shall be entitled to a certificate for such land. All applicants not in attendance in person or by agent as aforesaid at the time appointed for the auction shall be deemed to have withdrawn their applications.

61. Granting Certificate.—If no valid objection as aforesaid be made, and no reason be known to the Warden why the application should not be granted, or if on hearing such application he shall decide that a part only of the land applied for should be granted, he shall require the applicant to pay to the Receiver of Gold Revenue a sum, calculated in the case where survey fees have not been paid by the applicant at the rate of 2s. 6d. per acre, and in the case where survey fees have been paid by the applicant at the rate of 1s. 3d. per acre, of the land intended to be granted; and such payment shall cover all charges in respect of such grant, inclusive of rent, for the first six months of the term; and upon production of the Receiver’s receipt for the above sum to the Warden he shall give to the applicant a certificate in the form of Schedule 13 hereto, bearing even date with such receipt, from which date the commencement of the term of the lease (if a lease be granted) shall be taken and computed, and on granting such certificate the Warden shall inform the Commissioner of Crown Lands for the district in which the said land is situate accordingly.

62. Governor’s Power to refuse Lease reserved.—On issuing any certificate the Warden shall forthwith forward to the Governor a duplicate of such certificate, and, notwithstanding the issue of the same, it shall be lawful for the Governor to refuse to grant to the applicant a lease of the land referred to in such certificate; and immediately upon such refusal being communicated to the applicant, either personally or by letter addressed to him at his usual or last known place of business or abode, the certificate and all rights purported to be conferred thereby shall become and be absolutely void, and the applicant shall forthwith quit and deliver up possession of the said land, and failing his so doing he may be proceeded against as a trespasser on Crown lands.

63. Certificate to be exchanged for Lease.—Whenever a lease of any lands for which a certificate shall have been granted as aforesaid shall be executed on behalf of Her Majesty, the same shall be forwarded to the Warden, who shall thereupon give notice in writing, in the form of Schedule 14 hereto, to the holder of the certificate, directing him to attend at the Warden’s office within thirty days of the date of service of such notice and execute such lease. Such notice may be served either personally or by registered letter posted to applicant’s place of abode or last known place of residence: And if such person shall without reasonable cause refuse or neglect to comply with such notice, or to pay the rent (if in arrear) as hereinafter provided, he shall be deemed to have relinquished his claim to the land comprised in such lease, and the certificate for the same shall thenceforth be void; and the Warden shall report the circumstance of such refusal or neglect to the Governor, who may thereupon, by notice in the New Zealand Gazette and in one newspaper circulating in the district, declare such land to be open for application and occupation by any other person for the same or any other purpose.

64. Rent.—Rent at the rate of 2s. 6d. per acre per annum shall be payable half-yearly in advance during the term; and at the time of the execution of the lease rent shall be paid up to the first day of January or the first day of July next following the date of such execution, together also with the six months’ rent payable subsequently to such first day of January or first day of July, as the case may be, and thereafter the rent shall be payable by equal half-yearly payments in advance, on the first day of January and the first day of July in every year; and for the purpose of computing rent every fractional part of an acre shall be considered as an acre, and charged for accordingly.

65. Sale and Assignment.—No sale or assignment, other than a sale or assignment by act or operation of law, of any agricultural lease, or of the right, title, or interest therein or thereto, shall be valid or effectual either at law or in equity if made without the license in writing of the Governor or his delegate; and no license to assign will be granted unless and until the lease shall have been executed by the applicant as hereinbefore required and all arrears of rent shall have been paid, and it shall be certified by the Warden that the conditions hereinafter contained regarding improvements have been fulfilled.

66. Registration of Assignment.—Every assignment of any agricultural lease shall be registered at the Warden’s office, and on every such registration a fee of 10s. will be charged.

67. Conditions of Occupation.—Every certificate and lease shall be subject to the conditions following, that is to say: (1) That no sale or assignment shall be made without license; (2) that not less than one-twentieth of the whole area shall be cultivated within twelve months, not less than one-tenth of the whole area cultivated within two years, and not less than one-fifth of the whole area cultivated within four years after the commencement of the term; and within six years from the date of the lease there shall be substantial improvements of a permanent character on the land to the value of one pound for every acre of land as defined in “The Land Act, 1885.”

68. Land may be taken for Roads.—Such public road or roads may be taken through or over any portion of the land comprised in any certificate or agricultural lease granted as aforesaid, as public convenience may require, upon payment to the occupier of compensation for any improvements that may have been made on the land actually taken.

69. Construction of Water-races.—It shall be lawful for the Warden to authorize the construction and use of water-races, flood-races, storm-channels, sludge-channels, tail-races, tunnels, and tramways through and over any lands held under certificate or agricultural lease, and to grant free entry to such lands for the