1590
THE NEW ZEALAND GAZETTE.
[No. 72

10. An application may be for more allotments than one, but no person shall be allowed to acquire or to hold more than one allotment.

11. If any application comprises more allotments than one, it shall be sufficient if the prescribed deposit is duly made in respect of the allotment applied for whose deposit is the largest.

12. If the applicant is successful in obtaining an allotment, his deposit, or a sufficient part thereof, shall be retained and applied in payment of the items hereinbefore referred to in respect of such allotment, and the residue, if any, shall be returned to him.

13. No person shall be capable of applying for or holding any allotment if at the date of his application he is directly or indirectly, either by himself or jointly with any other person or persons, the owner in fee-simple, or the tenant or occupier under a lease for a term whereof not less than two years are unexpired, of any land in the colony which, if town or suburban land, exceeds one-fourth of an acre, or, if rural land, exceeds 50 acres, in area, or which exceeds in value £300.

14. When more applications than one are made on the same day for the same land, the right to occupy the land shall, if such applications are accepted by the Land Board, be decided by ballot in accordance with the regulations under “The Land Act, 1892.”

15. Subject to the provisions of “The Land Act, 1892,” as to relaxing or dispensing with the conditions relating to residence, the lessee shall reside on the land within one year from the date of the lease, and thereafter such residence shall be continuous for the period of ten years.

16. The lessee shall put on the land comprised in his lease substantial improvements of a permanent character, to the satisfaction of the Commissioner, as under, that is to say,—
    (1.) Within one year from the date of his lease, a substantial dwellinghouse to the value of at least £30.
    (2.) Within two years from the date of his lease, a sufficient fence, within the meaning of “The Fencing Act, 1895,” round the land.
    (3.) Within three years from the date of his lease, at least one-fourth of an acre shall be fenced off, and be under proper cultivation as a garden or orchard.

17. For the purpose of determining whether the lessee has put upon the land substantial improvements to the value and within the time prescribed by these conditions (but for no other purpose), there shall be included the value of all substantial improvements existing on the land at the date of the lease, and also all capital sums paid by the lessee in respect of the value of the buildings under clause 25 of these conditions, nevertheless to the extent only of the actual value of such of the said improvements and buildings as are subsisting at the time when their value is included as aforesaid.

18. Substantial improvements of a permanent character mean and include reclamation from swamps, clearing of forest, 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, or in any way improving the character or fertility of the soil, and include the erection of any non-movable building.

19. The lessee shall once a year throughout the term of his lease, and at the proper season of the year, properly cut and trim all live fences on the land at the date of the lease, or subsequently planted thereon, and stub all gorse not growing as fences, and also stub all broom and sweetbriar and other noxious plants.

20. The lessee shall 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 he shall sow the land down with good permanent cultivated grasses and clovers, and allow the land to remain as pasture for at least three years from the harvesting of the last crop before being again cropped.

21. If the land is used as a garden or orchard he shall properly manure and cultivate the same, and the foregoing conditions as to cropping shall not apply. If the land is used as an agricultural farm the lessee shall not cut the cultivated grass or clovers for hay or seed during the first year from the time of sowing as aforesaid, nor shall he at any time remove from the land or burn any straw grown upon the land.

22. The lessee shall once a year during the term of his lease properly clean and clear from weeds, and shall at all times during the said term keep open, all creeks, drains, ditches, and watercourses upon the land; and the Commissioner of Crown Lands (hereinafter called “the Commissioner”) or any Crown Lands Ranger of the land district shall have the power at any time to enter upon and make through the land any drain that he deems necessary, without payment of any compensation to the lessee.

23. In the event of any lessee at any time failing to comply with any of the conditions hereinbefore mentioned relating to the trimming of live fences, and stubbing gorse, broom, and sweetbriar or other noxious weeds, and to the cleaning, clearing from weeds, and keeping open all creeks, drains, ditches, and watercourses, it shall be lawful for the Commissioner to have such work done, and to recover the cost of the same from the lessee in the same manner as rent.

24. The lessee shall pay all rates, taxes, and assessments levied on or payable in respect of the land during the term of his lease.

25. In the case of land with buildings thereon which have been valued separately, in pursuance of section 7 of the amending Act, the following special provisions shall apply:—
    (1.) The ascertained value of the buildings shall be set forth in the sale-plan and in the deed of lease, and the amount so set forth shall be final and conclusive evidence of such value.
    (2.) Subject to the provisions for postponement contained in subsection (3) of section 7 of the amending Act, the amount so set forth, together with interest thereon at the rate of 5 per cent. per annum, computed from the 1st day of January or July next following the date of the lease, shall be paid by the lessee by equal half-yearly instalments in advance, extending over such period, being not less than seven nor more than twenty-one years, as, with the approval of the Minister, the Land Board thinks fit to determine: Provided that during such postponement (if any) the interest alone shall be payable by half-yearly instalments in advance.
    (3.) Such instalments shall be payable in the manner and on the dates hereinbefore appointed for the payment of rent: Provided that the lessee may at any time pay the whole or any less number of the then future instalments under a duly proportionate rebate of interest.
    (4.) The amount of such instalments (where they consist of combined principal and interest, and not of interest alone) shall be calculated according to the table shown in the Second Schedule to the Regulations under “The Land for Settlements Act Amendment Act, 1896,” which shall be deemed to be final and conclusive.
    (5.) So long as any such instalment remains unpaid, the lessee shall, at his own cost in all things, insure the buildings, and keep them insured, in the name of Her Majesty, in an amount equal to the full insurable value thereof, in some reputable insurance office, to be first approved by the Commissioner.
    (6.) The lessee shall deposit with the Commissioner the policy of insurance forthwith upon effecting the insurance, and shall also duly pay all premiums in respect thereof, and deposit with him each premium-receipt not later than the forenoon of the day on which such premium becomes payable.
    (7.) If the lessee at any time fails or neglects to effect or keep on foot such insurance, or to duly pay any such premium or deposit such policy or receipt, it shall be lawful for but not obligatory on the Commissioner, at the cost in all things of the lessee, to effect such insurance in such sum as aforesaid, or in any other sum, or to pay such premium as he thinks fit.
    (8.) The amount of such insurance may, with the consent of the Commissioner, be reduced from time to time, provided that it is not reduced below the total amount of the aforesaid instalments for the time being remaining unpaid.
    (9.) In the event of the buildings so insured, or any of them, being destroyed or damaged by fire, all moneys payable to Her Majesty under the insurance shall be recoverable by the Commissioner, who, after deducting the expense (if any) incurred in recovering the same, shall, in his discretion, apply the residue thereof, or a sufficient part thereof, either in or towards restoring the buildings or in or towards paying the unpaid instalments (a duly proportionate rebate of interest being made in the case of instalments not then due), and any surplus shall be payable to the lessee.
    (10.) Every such instalment as aforesaid as it becomes due, and every sum paid by the Commissioner in respect of cost of insurance, shall be payable by and may be recovered from the lessee in the same manner as rent.

26. The lessee shall at all times during the term of his lease keep in good repair and condition, to the satisfaction of the Commissioner, all buildings and erections for the time being standing on the land, and shall not destroy, pull down, or remove them, or any part thereof, without the previous permission of the Commissioner in writing.

27. The lessee shall not open up any mine on the land com-