50

Cancellation of certificates or leases.

26. Every certificate and lease shall be subject to the conditions following; (that is to say) that if the land be 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 be not commenced within three months after the issue of such certificate or lease; or, if one-fourth in acreage of the land be 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; or, if the rent be not paid on the days appointed for payment thereof, the certificate or lease may be cancelled, and the interest of the holder of the certificate, or the lessee, as the case may be, absolutely forfeited; and in every case where such conditions shall not be expressed in any certificate or lease the same shall be implied therein respectively.

Transfer.

27. Certificates or leases will not be transferable without the special sanction and authority of the Governor or his delegate for the time being; and for every such transfer, when sanctioned, 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 improvement shall have been duly complied with by the holder of the certificate, or the lessee, as the case may be, and until all rent due shall have been paid.

Land may be taken for roads.

28. The right to survey through any land, held under certificate, or lease, such roads as may be deemed essential for public convenience, will be 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 at the period when possession thereof is taken by the Executive Government.

Construction of water-races.

29. The right to permit the construction of water-races through land held under certificate or lease, and to grant free entry to such land for the purpose of cleansing or repairing such water-races, will also be reserved, with or without compensation to the holders thereof, and upon such terms and conditions as the Executive Government may from time to time appoint and determine.

Area withdrawn to be deducted.

30. When any land held under certificate or lease shall have been withdrawn for any of the before-mentioned purposes, the area so withdrawn shall be deducted from the acreage originally granted, and the rent thereafter payable under such certificate or lease shall be reduced in the same proportion as the deduction bears to the entire acreage.

Conditions of entry to search for gold.

31. The right of free entry upon any land, held under certificate or lease as aforesaid, for the purpose of searching for gold, or for any other metal or mineral, is reserved to the Governor and his delegate, and to such persons as shall be authorised so to do, in writing under the hand of the Governor or 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 certificate or lease shall be subject to a condition that such certificate or lease may be determined when any gold or other metal or mineral, shall be discovered on the land.

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 ...... pounds in accordance with the Agricultural Leases Regulations, of the ...... day of February, 1868, made under “The Gold Fields Act, 1866.”

Signature (name in full and address).

The above application will be heard before me at ...... on the ...... day of ...... 186...

A. B., Warden.

SECOND SCHEDULE.

No.

Place.

Date.

Received from ...... by way of deposit on account of application for ...... acres of land situate at ...... under application No. ...... under the Agricultural Leases Regulations of the ...... day of February, 1868, the sum of ...... pounds ...... shillings and ...... pence.

C. D., Gold Receiver.

THIRD SCHEDULE.

(Not Transferable without the Sanction of the Executive Government.)

Province of Otago.

District of ...... 186...

Whereas the application of ...... for an Agricultural Lease of Crown Lands, situated at ...... and containing ...... acres ...... roods ...... perches, was heard before me on the ...... day of ...... 186.., and Whereas no objection thereto has been lodged at my Office, and there is no cause known to me why such Application should not be granted: This is to certify that the said ...... is hereby authorised to take possession of the Land so applied for, and the same to hold, use, and enjoy, subject to the terms and conditions specified in the Agricultural Leases Regulations in force at the date of the issue hereof.

N.B.—This certificate is to be exchanged for a lease when the said lease is ready for his acceptance.

Given under my hand, and issued under the Public Seal of the Province of Otago, in the presence of Julius Vogel and George Duncan, Esquires, two of the Members of the Executive Council of the said Province, being also Members of the Provincial Council thereof, this twelfth day of February, one thousand eight hundred and sixty-eight.

JAMES MACANDREW, Superintendent.

By His Honor’s command,

Members of the Executive Council of the Province of Otago, and of the Provincial Council thereof.

Julius Vogel,
George Duncan.

Printed under the authority of the Provincial Government of Otago, by Mills, Dick & Co., of Dunedin, Otago, New Zealand, Printers to the said Provincial Government for the time being.