REGULATIONS RELATING TO AGRICULTURAL LEASES IN THE OTAGO GOLD-FIELD.

and in exercise of the powers aforesaid doth hereby make the following regulations for the Otago Gold Field prescribing the mode in which applications may be made for leases of land for agricultural purposes the quantity of land not exceeding fifty acres which shall and may be granted in a lease in any particular block the amount of deposit to be paid by any applicant therefor and by any objector thereto the terms and conditions upon which such leases may be held occupied assigned transferred forfeited and cancelled the amount of rent payable therefor the terms of payment and the conditions upon and the manner in which entry to search for gold or for any metal or mineral upon any land so leased may be authorised.

ALEX. WILLIS,
Clerk to the Executive Council of the Province of Otago.

REGULATIONS RELATING TO AGRICULTURAL LEASES IN THE OTAGO GOLD-FIELD.

1.—Application for Surveyed Land.

Every application for an Agricultural Lease of surveyed Crown lands shall be in the form of the first Schedule hereto or to the like effect and must be for one or more sections as surveyed and not for a portion or portions of a section or sections. Every application for any such lease shall be lodged at such Warden’s office as shall be appointed for that purpose and copies of every such application must be posted and maintained by the applicant for fourteen days on boards standing not less than three feet above the surface of the ground and erected one at each corner of the land applied for and every such application shall be advertised twice by and at the expense of the applicant in such newspaper as the Warden may direct and copies of the newspapers containing such advertisement shall be produced to the Warden at the time of hearing.

2.—Unsurveyed Land.

Applicants for unsurveyed land or for lands in respect of which any survey shall be ordered to be made at the expense of the applicant shall pay in addition to the payment hereinafter required to be made at the time of hearing a sum of two pounds in respect of such survey Provided that applications for unsurveyed land may be refused should such land be a great distance from any survey station or should it be otherwise deemed inexpedient to receive such applications and in all cases where a survey shall be ordered the same shall be made in accordance with the rules and instructions of the Survey Department and such applications shall be in the form and shall be dealt with in all other respects in the same way as in the case of surveyed land.

3.—Who may Apply.

Every application must be made by the applicant in person, or by an agent authorised in writing by the applicant to make the same and the Warden shall not entertain any application unless he is satisfied that the same is made by or on behalf of a person resident in the Province of Otago of the full age of twenty-one years and legally capable of being bound by the contract into which it is thereby proposed to enter.

4.—Application to be recorded and day fixed for hearing.

The Warden shall cause every application to be recorded in a book to be kept for that purpose and shall appoint a day being not less than fourteen nor more than thirty days from the date of the receipt of such application for hearing and deciding the same and any objections that may be made thereto.

5.—Objections.

Objections that the whole or any portion of the land applied for is claimed or owned by any person other than the applicant or is in the whole or in part auriferous or is or is likely to be required for any public purpose must be made in writing to the Warden and lodged at the office at which the application shall have been lodged twenty-four hours at the least before the time appointed for hearing and the person objecting must at the time appointed for hearing urge the objection personally or by counsel or agent.

6.—Hearing.

Upon the day appointed as aforesaid for the hearing the Warden shall proceed to hear the application and any such objection as aforesaid and may examine the parties and their witnesses (if any) on oath and such hearing may be adjourned from time to time for any period not exceeding thirty days at any one time.

7.—Proceedings in case of objections.

If at the hearing of any objection as aforesaid the Warden shall find such objection valid he shall thereupon reject the application either as to the whole or a part of the land applied for and may award to the objector and his witnesses (if any) reasonable costs and expenses against the applicant and if the Warden shall find that the objection is frivolous or vexatious he may award to the applicant and his witnesses (if any) costs and expenses as aforesaid and every order with respect to costs and expenses shall be enforced in the same manner as if the same had been awarded in an action in the Warden’s Court.

8.—Survey may be required.

At any time before finally dealing with any application the Warden may require a report or survey to be made by the District Survey Officer or other qualified person and in such case the cost of such survey and report shall be in the first instance paid by the applicant and may be made costs in the case.

9.—Granting Certificate.

If no valid objection as aforesaid be made and no reason be known to the Warden why the application should not be granted or if on hearing such application he shall decide that a part only of the land applied for should be granted he shall require the applicant to pay to the Receiver of Gold Revenue (who shall give the applicant a receipt for the same) a sum calculated at the rate of two shillings and sixpence per acre of the land intended to be granted and such payment shall cover all charges in respect of such grant inclusive of rent for the first six months of the term but not including costs for survey if any or costs awarded on hearing of objections and upon production of such receipt to the Warden he shall give to the applicant a certificate in the form in the second schedule hereto bearing even date with such receipt from which date the commencement of the term of the lease if a lease be granted shall be taken and computed.

10.—Governor’s power to refuse lease reserved.

On issuing any certificate the Warden shall forthwith forward to the Superintendent a duplicate of such certificate and notwithstanding the issue of the same it shall be lawful for the Superintendent within thirty days from the date thereof to refuse to grant to the applicant a lease of the land referred to in such certificate and immediately upon such refusal being communicated to the applicant either personally or by letter addressed to him at his usual or last known place of business or abode the certificate and any matter and thing therein contained shall become and be absolutely void and the applicant shall forthwith quit and deliver up possession of the said land and failing his so doing he may be proceeded against as a trespasser on Crown Lands.