Dec. 29.] THE NEW ZEALAND GAZETTE. 1451

district in which the land held is situated; and
when such evidence shall be so produced the
Warden shall grant a license, and issue the same
to the applicant, who shall then be entitled to
enter upon the land so occupied as aforesaid, and
be deemed to be in possession thereof.

PART III.—AGRICULTURAL
LEASES.

56. Application.—Every application for any
    agricultural lease of Crown lands shall be in the
    form of Schedule 12 hereto, or to the like effect,
    and must, if the land has been already surveyed, be
    for one or more sections as surveyed, and not for a
    portion or portions of a section or sections, unless
    under exceptional circumstances. Every applica-
    tion for any such lease shall be lodged at such
    Warden’s office as shall be appointed for that pur-
    pose, and copies of every application for unsur-
    veyed land must be posted and maintained by the
    applicant for fourteen days on boards standing
    not less than 3ft. above the surface of the ground,
    and erected one at each corner of the land ap-
    plied for; and every application for unsurveyed
    land shall be advertised twice, by and at the ex-
    panse of the applicant, in such newspaper as the
    Warden may direct, and copies of the newspaper
    containing such advertisement shall be produced
    by the applicant to the Warden at the time of
    hearing.

57. Application for Unsurveyed Lands.—Any
    person applying for any unsurveyed land shall pay
    to the Receiver of Gold Revenue at the time of
    application the fees for survey, according to the
    scale set forth in Schedule 41 hereto. But if
    the applicant withdraws the application before
    any expense is incurred he shall be entitled to
    receive back any money he may have paid for cost
    of survey.

58. Who may apply.—Every application must
    be made by the applicant personally, or by a
    barrister or solicitor of the Supreme Court, or by
    a registered agent; and the Warden shall not
    entertain any application unless he is satisfied that
    the same is made by or on behalf of a person resi-
    dent in the Colony of New Zealand of the full
    age of twenty-one years, and legally capable of
    being bound by the contract into which it is
    thereby proposed to enter, and who is not, in re-
    spect of the land applied for, or in respect of any
    part thereof, the agent or servant of or a trustee
    for any other person, or under any disability.

59. Application to be recorded.—Day fixed for
    Hearing.—The Warden shall cause every applica-
    tion for an agricultural lease to be recorded in a
    book to be kept for that purpose, shall forward
    a copy of the same to the Commissioner of Crown
    Lands of the district in which the land applied
    for is situate, and shall appoint a day, being not
    less than fourteen nor more than ninety days from
    the date of the receipt of such application, for
    hearing and deciding the same and any objections
    that may be made thereto.

60. Objections.—All objections shall set forth
    the grounds of objection, and must be made in
    writing to the Warden, and lodged at the office
    at which the application shall have been lodged
    three days at the least before the time appointed
    for hearing; and the person objecting must, at
    the time appointed for hearing, urge the objection
    personally or by counsel or agent. The objector
    shall also serve on the applicant, at least three
    days before the day fixed for hearing, written
    notice containing full particulars of the objections
    intended to be made. The Warden may also
    refuse certificate if the whole or part of the land
    is auriferous, whether objections are lodged or not.

61. Hearing.—Upon the day appointed as afore-
    said for the hearing the Warden shall proceed to
    hear the application and any such objection as
    aforesaid, and may examine the parties and their
    witnesses (if any) on oath; and such hearing may
    be adjourned from time to time.

62. Appearance.—Upon the day appointed as
    aforesaid for the hearing the applicants and ob-
    jectors or their agents shall appear; and any ap-
    plicant or objector failing so to appear, either per-
    sonally or by agent, shall, in the discretion of the
    Warden, be deemed to have withdrawn his appli-
    cation or objection.

63. Proceedings in Case of Objections.—If at
    the hearing of any objection as aforesaid the
    Warden shall find such objection valid, he shall
    thereupon reject the application either as to the
    whole or a part of the land applied for; but if
    there be no objection, or if the Warden shall not
    find any objection to be valid, and there be no
    reason known to the Warden why the land should
    not be leased, he may decide that a lease should
    issue, and in such case may issue a certificate
    for the whole or any part of the land applied for.

64. Survey may be required.—At any time
    before finally dealing with any application, the
    Warden may require a report or survey to be
    made by the District Surveyor, or, when there is
    no such officer, the Chief Surveyor of the land
    district, or by an authorised surveyor registered
    under these regulations, who shall make or cause
    to be made a report and survey, and the cost of
    any such survey or report shall be paid by the
    applicant to the Receiver of Gold Revenue.

65. Mode of Procedure when more than One
    Applicant for Land.—If the Warden, on such
    inquiry as aforesaid, shall find that more than one
    application has been made for a lease of the same
    land on the same day, and shall find that no valid
    objection exists to the issuing of a lease of such
    land or some portion thereof, then in determining
    priority the Warden shall be guided by priority
    of occupation and marking, and if two or more
    applicants have occupied and marked at the
    same time the Warden shall decide by lot which
    of the applicants shall receive the certificate for
    such agricultural lease.

66. 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
    sufficient to cover the cost of surveys, calculated
    at the rate prescribed in Schedule 41 to these regu-
    lations, and also to pay the first six months’ rent.
    As soon as the survey has been completed, and a
    plan of the land applied for lodged at the
    Warden’s office, the Warden 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.