42

at present laid out on the plans are not practicable or available, and in which new lines of road shall not have been determined on, and laid out, a right of laying out a road over the said land shall be reserved in the grant, and an allowance made to the purchaser after the following scale:—

Purchasers of 5 acres, and not more than 25 acres, shall receive an allowance of ... 6 acres per cent.

Purchasers of upwards of 25 ... 4 acres per cent.

14. It shall at any time be lawful for the Waste Land Board to offer for sale by auction, or to dispose of by lease or otherwise, as hereinafter provided, any Suburban or Rural Land which shall be deemed to possess especial value as containing minerals or timber.

SPECIAL OCCUPATION LAND.

15. In every district of land throughout the Province, which shall from time to time be declared open for settlement as aforesaid, the quantity of land to be set apart for Special Occupation Land shall be equal at least to one-fourth part of such district; and the same shall be set apart by the Waste Land Board, subject to the approval of the Superintendent and his Executive Council.

16. Such land, so to be set apart, shall be, so far as practicable, of the average quality of the rural and general country land in the district, having regard especially to natural fertility, and to position as respects the vicinity of wood and water, and of roads and other facilities of communication with markets and with other parts of the province.

17. Such land shall be set apart in Blocks of such size, and in such localities, as the nature of the land in any district will permit.

18. After any such block shall have been set apart as aforesaid, and the outside boundaries thereof surveyed, it shall be lawful for the Superintendent, with the advice and consent of his Executive Council, to declare by Proclamation to be published in the Provincial Government Gazette, that the same shall be open for sale in New Zealand on and after a day to be fixed by public notice of at least one month to that effect, to be published in the Provincial Government Gazette, in allotments of such size and description as the Waste Land Board, subject to the approval of the Superintendent and his Executive Council, shall direct.

19. All such special occupation land shall be sold at the fixed price of 10s. per acre, and shall be disposed of only to persons intending bona fide to occupy and improve the same, and who shall be willing to take the same, subject to the conditions hereinafter contained.

20. Any person desirous of making a selection of special occupation land, shall, on application to the Waste Land Board in Dunedin, or to their agent elsewhere out of New Zealand respectively, be entitled, upon payment of a sum of 1s. an acre by way of deposit, to receive a land order in a form to be prescribed by the Waste Land Board: Provided always, that no person shall be entitled to any land order for more than 640 acres of land, unless the same be claimed in respect of intermediate steerage passengers as hereinafter provided not less than 40 acres.

21. Such land order shall not be transferable, but in the event of the death of any person to whom any such order shall have been issued, all his right and interest under the same shall vest in his appointee, constituted in writing, duly attested, and in default of such appointee, shall vest in his legal representative, either of whom shall be subject to the like terms and conditions as the person to whom such land order was originally granted.

22. Every such land order shall authorize the person entitled to the same, or his agent constituted in writing, as aforesaid, to make a selection out of the particular block or blocks of land, which shall have been especially set apart for the purpose, and which shall be specified in such land order, or out of any other special occupation land, which shall have been set apart under section 18 of these Regulations, for sale in New Zealand, and which shall be open for selection at the time such person shall desire to make the same: Provided always that the land so selected shall be in one allotment, or in contiguous allotments.

23. Every right of selection must be exercised within three calendar months from the date of the land order, where the same shall have been issued by the Waste Land Board in Dunedin; before the expiration of six calendar months from the date of the land order, where the same shall have been issued by an agent of the said Board in any one of the Australian colonies; and before the expiration of 12 calendar months from the date of such land order, where the same shall have been issued by an agent of the said Board elsewhere out of the colony of New Zealand; and in default of any such selection being made within the time limited for making the same as aforesaid, the right to make a selection shall cease, and the deposit paid in respect of the same shall be forfeited.

24. The selection under any land order shall be deemed to be complete whenever the person making the same shall have delivered such order, during office hours, to the Waste Land Board, together with a description in writing, (under a sealed cover, with the words “Description of special occupation land” legibly written thereon) sufficient for the purpose of identifying the land selected; and all such sealed covers shall be opened at 10 o’clock in the morning of the next business day, in the presence of the applicants if they shall attend; and if there be more than one application for the same land or any part thereof, one of the Commissioners shall (as to the land in dispute) at once decide by lot the priority of choice.

25. The person whose application shall be granted shall then be entitled to have immediate occupation of the land selected, and shall be entitled to a lease of the same for 4 years, in a form to be prescribed by the Waste Land Board, at a yearly rent after the rate of 1s. per acre, payable yearly, and the payment herebefore required by way of deposit shall be deemed to be in payment of the first year’s rent.

26. After 4 years bona fide occupation, and the payment of the rent reserved by the lease, the lessee shall be entitled to a grant from the Crown, in fee simple, of the land comprised in such lease, on payment of the price thereof, at the rate of 10s. per acre: Provided always, that if the purchasemoney and all rent due be not paid up within six calendar months after the expiration of the lease, the land therein comprised shall be forfeited, and