X.

NAVAL AND MILITARY SETTLERS.

52. Every naval and military officer, whether on full or half pay; and every non-commissioned officer and private, marine and seaman, whether belonging to Her Majesty’s service, or to the service of the East India Company, who may be at any time within the Province of Otago, and retire or obtain his discharge from the service to which he belongs, shall be entitled to receive from the Waste Land Board (in lieu of an allowance in respect of money expended in passages, as hereinbefore provided in respect of settlers emigrating from the United Kingdom) a money certificate, enabling him to acquire land free of cost after the following rate, namely:—

Commissioned officers ..................... 80 acres

Non-commissioned officers, private soldiers, marines, and seamen ..................... 40 acres

53. Such money certificate shall be received for the amount therein named, in payment of any special occupation land which the person entitled to such certificate may select from such as may have been declared, as hereinbefore provided, to be open for sale in New Zealand.

XI.

MINERAL LAND LEASES.

54. Any person applying for a lease of land, whether rural land, special occupation land set apart for sale in New Zealand, or general country land, shall be entitled to the same upon the following terms and conditions:—

55. That the lease shall comprise so much land as shall, in the opinion of the Waste Land Board, be necessary for the efficient working of the minerals, not being less than 20 acres, or more than 80.

56. That the term to be granted shall be any number of years at the option of the lessee, not exceeding 21.

57. That there shall be reserved a royalty or rent of one-fifteenth of the minerals to be raised.

58. That the lease shall contain clauses in the usual form introduced into mining leases:—

59. For securing payment of the royalty or rent;

60. For enabling some person on the part of the lessor from time to time to enter and examine the mine;

61. For securing the regular, proper, and efficient winning and working of the minerals;

62. For making void the lease on breach of the stipulations on the part of the lessee therein contained;

63. For delivering up the property at the termination of the lease in good tenantable repair;

64. For enabling the lessee to abandon the working of the minerals, whenever he shall find the same unprofitable to work, and surrender the lease.

65. All applications for leases shall be sent in by the applicant, and dealt with by the Waste Land Board, in the same manner as applications for general country land, and in the event of an auction taking place, the upset price for a twenty-one years’ lease shall be a rent or royalty of one-fifteenth of the minerals to be raised.

66. The land comprised in any mining lease shall, at the request of the lessee, at any time after an occupation of three years, be put up to auction at an upset price of £1 per acre, subject to the lease thereof already granted.

67. Every applicant for a mineral lease shall furnish to the Waste Land Board, within a time to be fixed by them after the application shall have been granted, a plan and description of the land to be leased, which plan and description shall be made and prepared by a surveyor to be approved of by the Board.

XII.

AUCTIONS.

58. Notice of the time and place at which any auction (except auctions in order to decide between two or more applicants for the same land as hereinbefore provided) is intended to be held, and also of the allotments of land which will then be offered for sale or lease, shall be given by the Waste Land Board, by notice in the “Provincial Government Gazette,” not more than three months, or less than one month, before such auction shall take place.

59. No land shall be included in any such notice unless the same shall have been previously surveyed, and have been distinguished by an appropriate mark upon a map to be exhibited in the Waste Land Office for public inspection during usual office hours.

60. The land shall be offered at auction by some person appointed by the Waste Land Board for the purpose.

61. Immediate payment of one-tenth part of the purchase money shall be a condition of every sale by auction, and the remaining nine-tenths of the purchase money must be paid by the purchaser within one calendar month next after the time of such sale by auction, or the one-tenth of the purchase money so paid, by way of deposit, as aforesaid, will be forfeited, and the contract for the sale of the land will thenceforth be null and void.

XIII.

OCCUPATION OF CROWN LANDS.

62. Under the Crown Lands’ Ordinance, Session X., No. 1, the right of pasturage on the waste lands of the Crown, within any hundred, is enjoyed exclusively by occupants of land held under grant from the Crown, pensioners enrolled for service in New Zealand, or persons of the native or half-caste race, occupying land within the hundred with permission of the Government. Under these regulations such right of pasturage shall extend to every person who shall have proved to the satisfaction of the Waste Lands Board his right to obtain a grant from the Crown in respect of any land occupied by him within the hundred in which he claims the right of pasturage.

63. The right of occupation of Waste Land of the Crown outside Hundreds, under pasture and timber licenses, is provided for by the rules and regulations made under the Crown Lands Ordinance No. 1 of Session X., and the Crown Lands Amendment Ordinance No. 10 of Session XI.

64. The provisions of said Ordinances, (so far as the same are not affected by these regulations), and such of the said rules and regulations made in pursuance of the said Ordinances as are annexed to these regulations, are for the present hereby confirmed; provided always that it shall be lawful