Oct. 19.] THE NEW ZEALAND GAZETTE. 1483

Given under the hand of His Excellency the Right Honourable David, Earl of Glasgow; Knight Grand Cross of the Most Distinguished Order of Saint Michael and Saint George; Governor and Commander-in-Chief in and over Her Majesty's Colony of New Zealand and its Dependencies, and Vice-Admiral of the same; and issued under the Seal of the said Colony, at the Government House, at Wellington, this eleventh day of October, in the year of our Lord one thousand eight hundred and ninety-three.

JOHN MCKENZIE,
Minister of Lands.

GOD SAVE THE QUEEN!

Regulations under Section 20 of “The New Zealand State Forests Act, 1885,” for Portion of State Forest in Invercargill Hundred.

GLASGOW, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this eleventh day of October, 1893.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS the land described in the First Schedule hereto forms part of a State forest within the meaning of “The New Zealand State Forests Act, 1885” (hereinafter referred to as “the said Act”): And whereas the said land was, on the twenty-first day of March, one thousand eight hundred and ninety-three, duly set apart under the powers contained in section twenty of the said Act by the Commissioner of State Forests, for occupation by labourers employed in connection with such State forest: And whereas it is desirable that regulations as to the mode and terms of such occupation should be made: Now, therefore, His Excellency the Governor of the Colony of New Zealand, in exercise and pursuance of the powers and authorities conferred by section twenty of the said Act, and by and with the advice and consent of the Executive Council of the said colony, doth hereby make the following regulations for the purposes aforesaid, that is to say:—

REGULATIONS.

1. A license to occupy any portion of the land mentioned in the First Schedule hereto may be granted to any person who is a labourer employed in connection with the State forest of which the said land forms a part, and not otherwise.

2. All applications for land under these regulations shall be made at the Crown Lands Office at Invercargill after due notice has been previously given by advertisement in at least one newspaper circulating in the district that such land is open for application, and in such manner as the Commissioner of State Forests (hereinafter referred to as “the Commissioner”) may from time to time determine.

3. When more applications than one are made on the same day for the same land, the right to occupy shall be determined by lot amongst the applicants in such manner as the Commissioner may from time to time determine.

4. On the granting of the application, a license to occupy the land shall be issued to the applicant, which shall be in the form or to the effect in the Second Schedule hereto, and every such license shall be granted for a term not exceeding twenty-one years, to be reckoned from the next first day of January or July following the date thereof, and shall in addition include the period between the date of license and such day.

5. The rental shall be based on the capital value of the land as determined from time to time by the Commissioner, which shall in no case be less than £1 an acre.

6. No license shall be issued until after the payment of the first half-year's rent.

7. The annual rent payable under the license shall be calculated at the rate of £5 per cent. on the capital value of the land, determined as aforesaid, and shall be payable half-yearly in advance on the 1st days of January and July in each year to such officer or person as may from time to time be appointed by the Commissioner to receive the same.

8. All rents received under these regulations shall be paid into the “State Forests Account,” in accordance with the provisions of “The New Zealand State Forests Act, 1885.”

9. No allotment shall exceed in area 20 acres; and no person shall have any right to a renewal of his license or to purchase the fee-simple of the land held under the license.

10. No licensee shall hold more than one allotment, which shall be held for his sole use and benefit, and not for the use or benefit of any other person whomsoever.

11. No transfer of the interest of any licensee shall be allowed until the consent of the Commissioner has been first obtained; nor shall any such licensee subdivide or sublet any land held under these regulations; and in no case shall any such transfer or subdivision be allowed unless all rent due has been previously paid, and all conditions expressed or implied in the license or these regulations have been observed.

12. Each licensee shall each year fell, clear, and grass, or otherwise cultivate and make substantial improvements on, two acres, until the whole area is cultivated and substantially improved.

13. Substantial improvements shall mean—

(a.) Fencing the land with timber or other durable materials, not being a brush fence; or

(b.) Breaking up and laying down the same in cultivated grass; or

(c.) Breaking up and planting or sowing root or other crops therein; and, in case of bush-lands, the felling and clearing of timber and sowing of grass.

14. If at any time during the currency of any such license the rent payable in respect of the land included in such license shall be in arrear for any period exceeding one month after the date on which it ought to be paid, or if the licensee or transferee shall commit or suffer a breach of any of these regulations, or of the terms and conditions contained or implied in the license, then and in any such case the Commissioner of Crown Lands for the time being at Invercargill shall have and may exercise all such power and authority to recover any such rent, or to enforce the performance of the terms and conditions imposed by or under these regulations, as he has and could exercise in respect of Crown lands under “The Land Act, 1892,” in any like case.

15. Without prejudice to the power for recovering rent in arrear, or for enforcing the performance of the terms and conditions contained or implied in any license held under these regulations, any licensee or transferee who shall fail to comply with these regulations in any respect shall, upon sufficient proof thereof to the satisfaction of the Commissioner, be liable to forfeit his interest in the land included in the license, including all improvements (if any) thereon; and in case the Commissioner shall decide to forfeit the interest of the licensee or transferee in such land and the improvements thereon (if any), the same may thereupon be taken possession of as unoccupied Crown lands by the Commissioner of Crown Lands aforesaid, under all or any such powers or authorities as aforesaid, and all the provisions of “The Land Act, 1892,” so far as necessary for that purpose, shall extend and apply accordingly.

16. The Commissioner of State Forests shall be the sole judge whether any default or breach of a license or of these regulations has been committed.

17. For the purpose of giving effect to these regulations the Commissioner may appoint or authorise any officer of the Land and Survey Department at Invercargill to receive applications for licenses, conduct any drawing of lots for land applied for, sanction any transfer, collect or receive rents due under or in respect of any license granted or to be granted, or do any other act or thing on his behalf which the Commissioner may direct or require to be done under these regulations and not inconsistent with the express terms thereof.

18. In case any doubt shall arise as to the construction of these regulations, or otherwise arising thereunder, the same shall be settled by the Commissioner, whose decision shall be final and conclusive.

FIRST SCHEDULE.

ALL that area in the Southland Land District, containing by admeasurement 913 acres and 30 perches, more or less, situated in Block XXIII., Invercargill Hundred. Bounded towards the north by Block VII., Invercargill Hundred; towards the east by Crown land and a public road, again towards the north by Crown land, again towards the east by Section No. 61, a road-line, and Section No. 49, again towards the north by Sections Nos. 49, 48, 47, and 46; towards the west by Section No. 46, a road-line, and Section No. 64, again towards the north by Crown land, again towards the east by Crown land, again towards the north by a public road, again towards the east and north by Section No. 38, again towards the east by Section No. 5, Block XXIV.; towards the south generally by a public road, fronting the Seaward Bush Railway; towards the west by Section No. 30, again towards the south by Sections Nos. 30, 29, and 28, again towards the east by the said Section No. 28, and again towards the south by a public road fronting the Seaward Bush Railway; towards the west and again towards the south by Section No. 37, again towards the west by Section No. 54, again towards the south by a public road, and again towards the west by Block XXII., Invercargill Hundred.