✨ Agricultural Lease Regulations
48
IV. The boundaries of the area applied for must be approximately defined by blazing, posts, or trenches.
V. When the land applied for shall be in the vicinity of a township or other centre of population (the vicinity to be determined by the Governor or some person appointed by him for that purpose) it shall be deemed to be suburban land, and the maximum quantity to be leased in one block shall not exceed ten acres.
VI. When the land applied for shall not be under the above-mentioned condition, it shall be deemed to be rural land, and may be leased in areas of from thirty to two hundred acres.
VII. Every section of suburban or rural land shall be in one block, and, except as hereinafter provided, of a rectangular form. In the interpretation of these regulations a frontage line shall be taken to mean the boundary of a road, river, stream, or water-course.
VIII. Where, from the frontage not being a straight line, or from the interference of other frontage lines, natural features, or the boundaries of private lands, the rules provided in these regulations in respect of form cannot be accurately observed, the form of the section shall be determined as nearly in accordance with these regulations as in the judgment of the surveyor circumstances will admit.
IX. As soon as practicable after the receipt of any application and deposit as aforesaid, a surveyor will be instructed to proceed to the ground for the purpose of examining, surveying, and reporting upon the same.
X. All leases which may be issued after the commencement of these regulations shall bear date on the day when the persons named herein as lessees respectively first became entitled to such leases, and shall be of the same force and validity as if they had been sealed on the day on which the same shall bear date; and shall be issued in the name of the person or persons who became originally entitled, though such person or persons may in the meantime have died or transferred their interest; and such lessees shall be deemed to be entitled to such lease on the date on which the Governor shall signify in writing his intention to grant such lease.
XI. Agricultural leases will not be transferable without the special sanction and authority of His Excellency the Governor, and for every such transfer a fee or fine of 10s. will be charged.
XII. Leases will be cancelled if the land is sublet or transferred without the sanction and authority of His Excellency the Governor; or if cultivation is not commenced within three months after the issue of the lease, or if at any time during the currency of the lease the land shall be neglected for a period of six months.
XIII. The Government reserves to itself the right at any time, during the currency of the lease, to cause to be laid out and reserved through such land such roads, tramways, or railways as it may deem fit. Upon the survey of all lands leased, an amount equal to five per cent. of the total acreage so leased shall be added for the aforesaid purposes.
XIV. The Government reserves to itself the right of entering upon any land so leased as aforesaid for the purpose of searching for gold or any other metal or mineral, and for determining any lease when such metals or minerals shall have been discovered thereon.
XV. In the event of the determination of an agricultural lease on account of the highly auriferous nature of the land thereby demised, the amount of compensation adjudged to be paid to the holder thereof shall (except in special cases) be contributed by the persons desirous of mining thereon.
XVI. In suburban land, when the ground applied for is bounded by a frontage line, and does not exceed: First, three (3) acres in extent, it shall have a depth of five chains from such frontage line; Second, if over three (3) acres and not over ten (10) acres, it shall have a depth of twelve and a-half chains from such frontage line. If not adjacent to or bounded by a frontage line all the sides may be equal, but one side may not be less than one-third of the other, and such section shall not be less than twelve and a-half chains from such frontage line.
XVII. Every section of rural land, if bounded by a frontage line, shall be of a depth of one half-mile from such frontage. If not adjacent to or bounded by a frontage line all sides may be equal, but one side may not be less than one-third the other; and such section shall not be less than one half-mile from a frontage.
XVIII. The rent charged shall be—First: For suburban land, four shillings (4s.) per acre per annum, payable yearly in advance. Second: For rural land, two shillings (2s.) per acre per annum, payable yearly in advance. Provided always, and in all cases, that any fractional part of an acre will be considered as an acre, and charged accordingly, and that no amount shall be received for rental less than eight shillings (8s.).
Next Page →
✨ LLM interpretation of page content
🗺️
Agricultural Lease Regulations
(continued from previous page)
🗺️ Lands, Settlement & SurveyLease Terms, Application Process, Survey Costs, Westland County
Westland Provincial Gazette 1870, No 9