43

may be resumed by the Waste Land Board on be-
half of the Crown.

27. No lessee will be permitted to assign, under-
    lease, or part with the possession of any special oc-
    cupation land, and none other than the original lessee will be entitled to the occupation of the same:
    Provided always, that the estate and interest of any lessee who shall die during the currency of the lease, shall vest in his appointee, constituted in writing as aforesaid, and in default of such appoint-
    ment in his representative, either of whom shall be subject to the like terms and conditions as the lessee was subject to.

28. If any person, holding under such lease as aforesaid, shall not enter into bona fide occupation of, or shall cease to bona fide occupy the land thereby leased, or shall refuse to pay the rent which shall from time to time become due, in every such case it shall be lawful for the Waste Land Board, by a notification in the Provincial Government Gazette, to declare that the right and interest of such lessee in such land shall cease and be forfeited.

29. If any lessee, or any other person shall con-
    tinue in possession of land which shall have become forfeited under clauses 26 or 28 (unless an appeal to the Waste Land Board, as hereinafter provided, be pending) he shall be deemed to be in the unlawful occupation of Crown Land, and subject to the provisions and penalties prescribed by the Crown Lands Ordinance, Session X. No. I.

30. If any question shall at any time arise as to whether a forfeiture has been incurred, under clauses 26 or 28, it shall be lawful for the lessee, within one month after such question shall have arisen, to appeal to the Waste Land Board, by whom such question shall be fully and fairly inves-
    tigated, and decided according to equity and good conscience.

31. Every person shall be deemed to have bona fide occupied any Special Occupation Land, held under lease as aforesaid, who shall at any time have made improvements thereon, or on any part thereof, after the rate (for all such Special Occu-
    pation Land held by him), of 10s. per acre for every year during such occupation.

V. GENERAL COUNTRY LAND.

32. Any person desirous of purchasing any Ge-
    neral Country Land, which shall have been declar-
    ed open for settlement as aforesaid, shall send in a written application to the Waste Land Board, under a sealed cover, with the words “application for general country land” legibly written thereon, stating the number of acres such person is desirous of purchasing, and describing the same as accu-
    rately as may be, so that the same may be identi-
    fied and marked on a plan of the district to be pro-
    vided by the said Board.

33. Every applicant shall, at 10 o’clock in the morning of the next business day after making such application, pay to the said Board the price of the land so selected by him, which price shall be after the rate of 10s. per acre.

34. All such applications shall be opened at 10 o’clock in the morning of the next business day after the same shall have been sent in, in the presence of the persons applying, if they shall attend; and if it shall be found that there are two or more applications for the same piece of land, or any part thereof, sent in on the same day, the piece of land in dispute shall be put up for sale by auction by one of the Commissioners of the Waste Land Board, at the upset price of 10s. per acre, at 10 o’clock in the morning of the fourth day (and if such day be Sunday, Christmas day, or the last day of January, then on the following day) after the application for the same shall have been opened as aforesaid, and posted as hereinafter provided by section 73; at such auction the persons who applied for the land shall alone be permitted to bid.

35. Every such selection shall comprise not less than 40 acres nor more than 640 acres of land, and shall, so far as the features of the country will per-
    mit, be of a rectangular form, and when fronting on a river, road, lake, or coast, be of a depth not less than three times the length of the frontage; provided always that under special circumstances the said Waste Land Board may permit proprietors to complete their properties by the purchase of ad-
    joining lands in blocks of irregular shape and of small extent, so that the same shall not unduly inter-
    fering with the advantageous dividing of the ad-
    joining land into convenient allotments.

36. The Waste Land Board, at the time of any application being granted, or as soon as convenient-
    ly may be thereafter, shall inform the applicant that the land so selected will be surveyed at the expense of the Government, or, that the applicant must have the same surveyed at his own expense by a surveyor to be approved of by the Board; in which latter case such applicant shall be entitled to receive an allowance of 10 acres for every 100 acres so surveyed, as compensation for the cost thereof.

37. Every survey to be performed by the appli-
    cant at his own expense must be completed and delivered at the Waste Land Office within six months after the day on which his application was granted; and in default thereof it shall be lawful for the Waste Land Board either to have the land surveyed at the applicant’s expense (which shall be repaid by him to the Board before the Crown grant shall be issued), or it shall be lawful for the said Board to dispose of the said land to any other person; and in such latter case the purchase-money paid by the first applicant shall be returned to him on demand, after deducting one-tenth part thereof as a forfeiture for the default.

38. Where general country land shall be pur-
    chased in a district, in which the lines of roads shall not have been determined on said laid out, a right of laying out a line of road over the said land shall be reserved in the grant for the same, and an allowance made to the purchaser on account of such reservation, after the rate of 5 acres per cent.

39. It shall be at any time lawful for the Waste Land Board to offer for sale by auction; or to dis-
    pose of by lease, an heretofore provided, any general country land, which shall be deemed to possess especial value as containing minerals.

VI. TIMBERED LANDS.

40. It shall be lawful for the Waste Land Board, with the consent of the Superintendent and his Executive Council, to refuse to grant the appli-
    cation of any person for any land upon which timber shall be standing, if it shall appear to the said