36

THE NEW ZEALAND GAZETTE.

[No. 2

all other provisions of the said Act in respect of compulsory residence, shall, subject to clause No. 9, apply accordingly to lessees under these regulations.

Substantial improvements of a permanent character mean and include reclamation from swamps, clearing of bush, gorse, broom, sweetbriar, or scrub, cultivation, planting gardens, fencing, draining, making roads, sinking wells or water-tanks, constructing water-races, sheep-dips, making embankments or protective works of any kind, in any way improving the character or fertility of the soil, or the erection of any non-movable building.

11. No lessee shall subdivide, sublet, or transfer the land held by him under these regulations, except under and subject to the provisions of Part I. of the said Act.

12. All the provisions of the said Act, so far as applicable, shall extend and apply to the lands affected by these regulations, and to the applications and leases to be made and issued thereunder, and generally to the interests created, and the person whose rights, liabilities, or interests are thereby affected; and the mention of any particular provision of the said Act shall not be deemed to exclude any other provision of the said Act applicable to the particular case.

DECLARATION TO BE MADE BY APPLICANT.

I, , of , do solemnly and sincerely declare—

1. That I am of the age of seventeen years and upwards.

2. That I am the person who, subject to the provisions of “The Land Act, 1892,” am applying for the purchase of a lease of Section , Village Settlement.

3. That I am acquiring such lease solely for my own use and benefit, and not directly or indirectly for the use or benefit of any other person or persons whomsoever.

4. That I am not the owner, or lessee, or occupier, directly or indirectly, either by myself or jointly with any other person or persons, of any lands anywhere in the colony exceeding in the whole one acre.

5. That I have not, within one year from the date hereof, surrendered a lease with perpetual right of renewal or lease in perpetuity of the lands for a lease whereof I am now applying.

And I make this solemn declaration conscientiously believing the same to be true, and by virtue of an Act of the General Assembly of New Zealand intituled “The Justices of the Peace Act, 1882.”

A.B.

Declared at , this day of , 18 , before me— , a Justice of the Peace in and for the Colony of New Zealand.

J. F. ANDREWS,
Acting Clerk of the Executive Council.

Regulations fixing the Terms and Conditions for the Occupation of Rural Lands leased under “The Land for Settlements Act, 1894.”

GLASGOW, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this seventh day of January, 1895.

Present :

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS by the seventeenth section of “The Land for Settlements Act, 1894” (hereinafter termed “the said Act”), it is enacted that the Governor, by Order in Council, may from time to time make all such regulations as he shall see fit for the disposition of any land acquired under the said Act, or for regulating the conditions of occupation of any such land :

Now, therefore, His Excellency the Governor of the Colony of New Zealand, in pursuance and exercise of the powers and authorities conferred by the said Act, and by and with the advice and consent of the Executive Council of the said colony, doth hereby fix the following terms and conditions for the disposition of open and partly open lands acquired under the said Act, and for the occupation of such lands, that is to say,—

REGULATIONS.

1. All rural lands acquired under “The Land for Settlements Act, 1894” (hereinafter termed “the said Act”), shall be disposed of by lease upon the terms and conditions following —namely, every lease shall be for a term of 999 years, to be reckoned from the next 1st day of January or July following the date thereof, and shall in addition include the period between the date of lease and such day.

The land shall be divided into allotments not exceeding 640 acres each.

2. The yearly rental in respect of each allotment shall be an amount equal to 5 per cent. on the cost to the Govern-

ment of such land, and shall be payable in equal parts half-yearly in advance, on the 1st day of January and 1st day of July in each year, to the Receiver of Land Revenue.

3. Every applicant shall make the declaration hereby prescribed, and shall, immediately on being declared successful, pay a sum equal to one half-year's rent of the land applied for. Such payment shall be in discharge of the half-year's rent due on the 1st day of January or July following. He shall also pay the sum of £1 1s. for the preparation of the lease and the registration thereof.

4. No person shall be allowed to acquire or to hold more than one allotment, and no person who is the owner or occupier of land under the said Act which with the land applied for would exceed in area 640 acres shall be capable of applying for or holding any allotment.

5. When more applications than one are made on the same day for the same land, the right to occupy the land shall be decided by ballot.

6. The lessee must reside on the land leased within one year from the date of lease, and thereafter such residence shall be continuous.

7. The lessee shall put on the land comprised in his lease substantial improvements, as under :—

(a.) Within one year from the date of his lease to a value equal to 2½ per cent. of the price of the land ;

(b.) Within two years from the date of his lease to a value equal to another 2½ per cent. of the price of the land ;

(c.) And thereafter, but within six years from the date of his lease, to a value equal to another 2½ per cent. of the price of the land ;

and in addition thereto shall, within six years from the date of his lease, put substantial improvements of a permanent character to the value of £1 for every acre of first-class land, and 10s. for every acre of second-class land.

Substantial improvements of a permanent character mean and include reclamation from swamps, clearing of bush, gorse, broom, sweetbriar, or scrub, cultivation, planting gardens, fencing, draining, making roads, sinking wells or water-tanks, constructing water-races, sheep-dips, making embankments or protective works of any kind, in any way improving the character or fertility of the soil, or the erection of any non-movable building.

8. The lessee must fence the land leased with a ring-fence within the second year of the term; and such fence must be sufficient to comply in all respects with “The Fencing Act, 1881,” or any other law to regulate the fencing of land which shall for the time being be in force.

9. The lessee must once a year properly cut and trim all live fences now on the land, or which may be planted upon the land during the term, and stub all gorse not growing as fences, and also stub all broom and sweetbriar, and other noxious plants.

10. The lessee must not take more than three crops, one of which must be a root-crop, from the same land in succession; and either with or immediately after a third crop of any kind the land must be sown down with good permanent cultivated grasses and clovers, and be allowed to remain as pasture for at least three years from the harvesting of last crop before being again cropped.

11. At all times during the lease the land, if the area of the whole exceed 10 acres, must be so farmed that not less than one-third of the farm be maintained in permanent pasture.

12. The lessee must not cut the cultivated grass or clovers for hay or seed during the first year from the time of sowing as aforesaid.

13. The lessee must not burn any straw grown upon the land.

14. The lessee must once a year properly clean, clear from weed, and keep open all creeks, drains, ditches, and watercourses which now are or may be upon the land, and the Commissioner of Crown Lands or any Crown Lands Ranger of the district shall have the power at any time to enter upon and make any drain through the land that he may deem necessary.

15. In the event of the lessee failing to comply with any of the conditions hereinbefore mentioned relating to the trimming of live fences and stubbing gorse, broom, and sweetbriar, and to the cleaning, clearing from weed, and keeping open all creeks, drains, ditches, and watercourses, it shall be lawful for the said Commissioner to have such work done, and to recover the cost of the same from the lessee.

16. All buildings erected upon the land must be kept in good order and repair.

17. The lessee is liable for all rates, taxes, and assessments during the term.

18. Subject as aforesaid, the provisions of “The Land Act, 1892,” and regulations made thereunder with respect to applications for, and the grant of leases in perpetuity shall apply, so far as applicable, to all applications for leases under “The Land for Settlements Act, 1894.”