826
THE NEW ZEALAND GAZETTE.
[No. 28

9. 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.

10. No lessee shall hold more than one allotment, and such allotment shall be held for his or her sole use and benefit, and not for the use or benefit of any other person whomsoever. No married woman shall be eligible as a selector; but this provision shall not apply to any married woman who may become a transferee under a will or by virtue of an intestacy.

11. 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 persons 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.

12. The lessee shall whenever necessary, but not less than 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 or watercourse that he deems necessary, without payment of any compensation to the lessee; and 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.

13. In any case where the channel of any creek, or natural or artificial water-race or watercourse, runs on more sections than one, then each lessee on whose land any part of such channel runs shall have the right to the reasonable use and enjoyment of a reasonable proportion of the water that would flow in such channel if it were not stopped or diverted by any other lessee; and for the purpose of securing such right as between the respective lessees it is here declared that no lessee on whose land any portion of such channel runs shall at any time alter such portion, or stop or divert the water flowing therein, save to such extent as the Commissioner deems reasonable, and the decision of the Commissioner shall be final and conclusive.

14. The right of tramway is reserved through sections shown on plan.

ALEX. WILLIS,
Clerk of the Executive Council.

Terms and Conditions of Lease of Village-homestead Allotments in Otago.

RANFURLY, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this third day of April, 1902.

Present:

His Excellency the Governor in Council.

WHEREAS by the one-hundred-and-sixty-ninth section of “The Land Act, 1892,” it is enacted that the Governor in Council may fix the terms and conditions upon which the lands in any village settlement shall be disposed of, subject as in the said section is provided: And whereas by a Proclamation made under the said Act on the twenty-seventh day of March, one thousand nine hundred and two, and published in the New Zealand Gazette on the third day of April, one thousand nine hundred and two, the lands described in the First Schedule hereto have been set apart under the said Act and declared open for lease as village settlements, and it is expedient to fix the terms and conditions upon which the said lands shall be disposed of:

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 terms and conditions on which the lands mentioned in the First Schedule hereto shall be disposed of by way of lease in perpetuity, and which said terms and conditions are set forth in the Second Schedule hereto.

FIRST SCHEDULE.

Otago Land District.

First-class Land.—Village-homestead Allotments.

Open land; soil light and poor; no permanent water; altitude, 1,200 ft. Situated at Waipiata Railway-station, Otago Central Railway.

Clutha County.—Glenomaru Survey District.

67 | VIII. | 6 3 11 | 1 2·4 | 0 4 2
A bush section, with soil of good quality; general aspect good. Situated about one mile and a half from Owaka Railway-station. Valuation for improvements, £111 6s.

76 | VI. | 0 1 8 | 13 4 | 0 2 0
Level bush section; good soil; well watered. Situated about two miles from Owaka Railway-station.

SECOND SCHEDULE.

1. The lands enumerated above are first-class lands, and are village-homestead allotments, open for selection on lease in perpetuity under the provisions of “The Land Act, 1892” (hereinafter referred to as “the said Act”).

2. The day on which the lands shall be open for selection shall be Monday, the 2nd day of June, 1902.

3. The rentals stated above shall be the prices at which the lands shall be open for selection.

4. Applications for leases shall be made in manner as provided in Part I. of the said Act; and all such applications shall be made to the Commissioner of Crown Lands, Dunedin; and leases will be issued in accordance with the provisions of Part I. aforesaid.

5. Each applicant shall state his or her residence, occupation, and condition in life (namely, whether married or single), and will be required to make the declaration prescribed in Schedule C of the said Act.

6. Each applicant shall pay the first half-year’s rent, together with the lease and registration fee, and the valuation for improvements (if any), immediately the application has been approved or declared successful at the ballot.

7. All rents must be paid half-yearly in advance, on the 1st days of January and July in each year, as provided in section 157 of the said Act; and the first half-year’s rent is payable as before provided.

8. Improvements and residence on the land comprised in each lease shall be as provided in Part III. of the said Act. The provisions of section 144, and all other provisions of the said Act with respect to substantial improvements, shall apply accordingly to lessees under these regulations. The provisions of section 141, and all other provisions of the said Act in respect of compulsory residence, shall apply accordingly to lessees under these regulations.

9. 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.

10. No lessee shall hold more than one allotment, and such allotment shall be held for his or her sole use and benefit, and not for the use or benefit of any other person whomsoever. No married woman shall be eligible as a selector; but this provision shall not apply to any married woman who may become a transferee under a will or by virtue of an intestacy.

11. 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 persons 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.

ALEX. WILLIS,
Clerk of the Executive Council.