286

to repay the expenses of such applicant, and the
balance (if any) shall be returned to the person so
objecting.

Boundaries must be marked.

5. The boundaries of the land applied for must be
   marked on the ground by trenches, and substantial
   posts standing not less than three feet above the
   surface at each corner thereof.

Areas must be Rectangular.

6. Every area of land so applied for must be rectangular in form, unless a creek or river or other natural
   obstacle renders a deviation from the rectangular form
   necessary.

Survey.

7. Immediately after the hearing of an application,
   the Warden (if there be no objection against the
   granting thereof) shall direct a surveyor to proceed
   to the land for the purpose of surveying and reporting
   on the same; and, upon receipt of such surveyor’s
   report, the Warden shall without delay forward the
   application for the approval of such person or persons
   as the Governor or his delegate for the time being shall
   from time to time appoint for the purpose.

Valid objections.

8. If any valid or seemingly valid objection is lodged
   against the granting of an application, or if there
   should be any cause known to the Warden why such
   application should not be granted, the Warden shall
   forthwith forward the application, together with his own
   report thereon, for the decision of such person or persons
   as the Governor, or his delegate for the time being,
   shall from time to time appoint for the purpose.

Protection during application.

9. Land for which application shall have been made
   in the manner aforesaid, shall be protected from the
   date of such application until such decision shall have
   been made known to the Warden.

Possession where no objection.

10. If, upon the hearing of any application, it shall
    appear that no objection thereto has been lodged with
    the Warden, and there shall be no cause known to the
    Warden why such application should not be granted,
    the Warden shall upon application thereof issue a
    certificate of the same to the applicant, and such
    applicant may thereupon take possession of the land
    so applied for, and such land shall thereafter be surveyed as nearly as possible in the form in which it
    has been taken up, and in conformity with the sixth
    regulation as hereinbefore prescribed, but to the
    extent of fifty (50) acres only.

Special agricultural blocks.

11. In any case where the Governor, after notice
    published for one (1) fortnight in the Warden’s office
    of the district to which the same applies, shall order
    that the whole or any part of a block of land taken or
    set apart for agricultural purposes shall, before any
    applications are granted, be laid out in sections of not
    less than ten (10) or more than fifty (50) acres each,
    a map shall in such cases be made of the land open
    for selection; and every section shall be distinguished
    by an appropriate number, and every such block shall
    be declared open for selection by notice posted in the
    Warden’s office and other public places in the district,
    and the order of choice of the sections shall be the
    order in which the applications shall have been
    received at the Warden’s office.

Exemptions.

12. Agricultural leases will not, except in special
    cases, be granted for land within the boundaries of
    proclaimed townships or public reserves, nor for any
    area including a permanent watercourse, or which may
    present auriferous indications, and in all cases a public
    roadway, one chain in width, will be reserved along
    the margins of navigable streams and rivers.

Non-execution of lease.

13. If any applicant fails or neglects to execute his
    lease within one (1) month after service of notice from
    the Warden that such lease is ready for execution, such
    lease will (unless special cause for delay is shown) be
    cancelled, and a fee of one (£1), in addition to the
    charges hereinbefore mentioned, shall thereupon be
    deducted from the deposit.

Cancellation of leases.

14. Leases will be forfeited and may be cancelled if
    the land is sublet or transferred without the sanction
    and authority of the Governor or his delegate for the
    time being; or, if planting, cultivation, or other
    permanent improvement is not commenced within three
    months after the issue of a certificate or lease; or, if
    one-fourth in acreage of the land is not planted,
    cultivated, or otherwise improved within twelve months
    from the date of any such certificate or lease; or, if at
    any time during the currency of the lease the land
    shall be neglected for a period of six months.

Transfer.

15. Agricultural leases will not be transferable without
    the special sanction and authority of such person
    or persons as the Governor, or his delegate for the
    time being, shall from time to time appoint for the
    purpose, and for every such transfer a fee or fine of
    one pound (£1) will be charged; and no such transfer
    will be sanctioned in any case unless and until the
    conditions with respect to improvements shall have been
    duly complied with by the original applicant,
    and all rents due shall have been fully paid.

Rent.

16. The rent charged shall be four shillings (4s.) per
    acre for the first half year, which shall cover all charges
    for the survey and preparation of the lease of the land,
    and after the first half year, at the rate of two shillings
    and sixpence (2s. 6d.) per acre per annum, payable
    half-yearly in advance from the date of the certificate
    or lease, as the case may be, and every fractional part
    of an acre will be considered as an acre and charged
    accordingly.

Land may be taken for roads.

17. The right to survey through any land held under
    an agricultural lease, such roads as may be deemed
    essential for public convenience is reserved, and also
    the right to throw them open to public traffic, subject
    to the allowance of valuation for improvements, and
    for any standing and growing crops which may be in
    or upon such line of road only at the period when
    possession thereof is taken by the Governor or his
    delegate for the time being.

Conditions of entry to search for gold, &c.

18. The right of free entry to any land so leased as
    aforesaid for the purpose of searching for gold, or for
    any other metal or mineral, is reserved to the Governor
    and to such persons as shall be authorized so to do in
    writing under his hand, or the hand of his delegate;
    and there is also reserved the right of granting
    permission to prospect, without compensation, upon any
    unimproved land, subject to such regulations as the
    Governor or his delegate for the time being shall from
    time to time appoint in this behalf; and every lease
    shall be subject to a condition that such lease may be
    determined when any gold or other metal or mineral
    shall have been discovered on the land leased.

Schedules.

First Schedule.

Notice.

No. ___

(Place and Date.)

To Warden

I hereby apply for a lease of land for agricultural
purposes, situate at [here state the locality] and
comprising ___ acres or thereabouts; and I deposit
herewith the Gold Receiver’s receipt for the sum of
ten pounds (£10) and agree to pay any further costs
and expenses which may be incurred in accordance with
the Agricultural Leases Regulations made under “The
Gold Fields Act, 1866.”

Signature (name in full and address).