AGRICULTURAL LEASES REGULATIONS.

Dunstan Times, Issue 306, 6 March 1868, Page 4

AGRICULTURAL LEASES REGULATIONS.

Mode of Application. 1. Every application for an agricultural ,:lease of O'wn'L'md within the Otago Goldfield mnstha made in the form of the first schedule hereto, or to the like effect, to the Warden of the district wherein the land is situate, anil copies of such application must be posted and maintained by the applicant for a period of fourteen clays, on boards standing not less than three feet above the surface of the ground, and erected one at each corner of the laud so applied for. Application to be Advertised. 2. A notice of such application, and of the date fixed for the hearing thereof, with full particulars of the land applied for, shall lie advertise 1 not less than twice by and at the expense of the applicant, in such newspaper circulating in the district as the Warden shal direct, an I copies of such newspapers containing such notice shall be produce 1 to the Warden before he s' all proceed to hear the application. Deposit to be Paid. 3. Before any such application shall be received by the Warden the apnlieant must pay to a receiver of gold revenue a deposit, the amount whereof shall be calculated as hereinafter se forth, and such receiver shall give a receipt therefor in the form set forth in the second schedule hereto (hems the form provided by the Treasury Regulations of the 12th of November, 18G7I. and such receipt must be produced to the Warden on making the application. Deposit—now calculated. 4. If application is made for twenty-five acres, or any lesser area, the amount of the deposit shall be £5. For any greater area the deposit shall bo calculated upon the entire acreage at the rate of 4s. per ac-p, and any fractional part of an acre will be reckoned as an acre. Boundaries must be marked. 5. The boundaries of the land applied fo must be marked on the ground byl _ trenches and substantial posts standing not less than three feet above the surface at each corner thereof. Areas must be rectangular. (!. 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. Date to be Fixed roi:ErAriNo. 7. Upon receipt of an application, the Warden shall appoint a day for the hearing thereof, being not loss than fourteen nor more than thirty days from the date of the receipt of such application. Applications to be Recorded. 8. The Warden shall cause every such application to he duly recorded in the "Leases Eeeord Book" of liis office, and a copy of the application shall be forwar'ed to such person as the Superintendent may from time to time direct. Hearing, 0. Upon the day apnointed as aforesaid for the hearing the Warden shall proceed to hear the application ; but such hearing maybe adjourned from time to time, if any sufficient or reasonable cause be assigned or known to the Warden. Objections. 10. Objections to the granting of any application may be made, either in writing prior to, or verbally upon the day of the hearing thereof: but every such objection must be sustained at such hearing by the objector in person. Costs and Expenses. 11. Upon the hearing of an application whereto any objection shall have been made as aforesaid, the Warden may award to either party costs and expenses. Surveyor to Deport. 12. Before or at such hearing the Surveyor or Draughtsman of the district shall furnish to the Warden a report, sotting forth the probably auriferous nature or otherwise of the land applied for, the prior 'existence or otherwise of any claim rr •claims thereupon, and the desirability or otherwise of reserving the whole or any portion of such laud for roads, wafer-races, or o'her public or i nrpesrs ; and such surveyor or draughtsman shall also if so instructed by the War 'en) attend at the heaving, to render such other information as may be required. Warden to Deport. 13. Immediately after the hearing the Warden shall forward the apnlica l ion, together with the surveyor's or draughtsman's report an ' all other documents relating to tin application, to such person as the Superintendent may from time to time direct. And therewith the Warden shall report whether any objection has been made or is otherwise known to him why snrh application should not be granted, pud shall set forth the nahire of any such obi«etinn : ar.d also whether applicant is holder of any other land under the Agricultural Leases Do rulations, and, if so, specifving the extent and area of air-such former JwlJinT. And such nvnnrt shall include the Warden's recommendation as to the granting or refusal of tha application. Protection durino Appltcatiiv. 14. All applications for iwriTilrnral lo.ves will be reserved for the final decis'on nf the Executive Government of the Province, and land for which application shall have been made in the manner aforesaid shall be "protected"' from the ''ate of such application until such decision shall have been made kn.-.wn to the Warden. Term of Lease, 15. Leases will he granted upon such applications asTsay bo approved by the Execu- j 4ive Goverimicrit for a. perioi of not exceed-

ing seven years, from the firet day of January or the first day July next after the date of the certificate. Area. IG. Agricultural leases cannot in any case be granted for any larger area than fifty acres, and applications for any larger area shall not be received by the Warden. Certificates. 17. After the approval of any application, and pending the issue of a lease, a certilicate will be issued to the applicant by such person as the Superintendent may from time to time direct, and such certificate will bear date from the first day of the month wherein the application shall have been granted. Failure to take up Certificate. 18. If any applicant fails or neglects to take up his certificate within thirty days after service of notice from Warden that such certificate is ready for issue, such certificate may be forthu ith cancelled, and, upon such cancellation, the deposit paid upon the application will be forfeited. Certificates to be Exchanged for I eases. 19. The holder of such certificate shall exchange the same for a lease whenever i* is notified to him that such lease is rea y for execution ; and if the holder of such certilicat shall neglect, for the space (f thirty days from the time of such notification, to execute such lease and a counterpart thereof, the said certificate shall become void, and shall no longer entitle the holder thereof to possession of the land therein mentioned ; and, after the expiration of such thirty days, the holder of sue] certilicate shall, if he remain in possession of such land, be deemed a trespasser on wa~te lands of the Crown, and may be proceeded against accordingly. Unsurveyed Land. 20. If application be made for land which has not heen previously surveyed, the W; r den shall, immediately up n being notified that such application has been granted, direct a surveyor to make a survey of such land, as nearly as possible in the form in which it has been applied for, but having regard to the sisth of these regulations. Dent. 21. For twenty-five acres, or any lesser area, a charge of £5 will bs made for tinfirst half-year, which shall coverall charges for the survey and preparation of the lease of the land. For any larger area the charge shall be 4s. per acre for the first half-year which shall also caver thecharges aforesaid; an I, after the first half-year, rent will be charged at the rate of 2s. Cd. per acre per annum, payable half-yearly in advance. Every fractional part of an acre will be considered as an acre, and any fractional part of a month will be considered as a month, and will be respectively charged for accordingly. And the amount paid by way of deposit on any application sahll, in the event of the approval of such applica. tion, be returned to the applicant on pay. ment of the rent for the first half-year. Ariiears to be Paid on Execution of Lease. 22. Upon the execution of every such lease the rent shall be computed and pai I up to the first day of January or July next following to tin date to which payment has been made under the certificate; and thenceforth rent shall be payable halfyearly in advance, on the first day of January and the first day of July in each year. Refusal of Applications. 23. In the event of the refusal to gr;mt any application the a* plicar.t will be entitled to a refund of the deposit, on payment by him of any costs which the Warden may order to be paid by him, and of any reasonable charges that may have been specially incurred by reason of such application. Exemptions. 24. Agricultural leases will not, except in special cases, bo granted for land within the boundaries of proclaimed townships, or of public reserves, nor for any area including a permanent water-course or which may present auriferous indications ; and in all cases a public roadway, not less than one chain in width, will be reserved along the margins of navigable streams and rivers. ■Sale of Interests Prohibited. 23. The sale or transfer of any right, title, or interest to or in any application for an agr cultural lease will not be recognised or permitted, except under special circumstances, and then only upon the authority and with the express sanction of the Executive Government. Cancellation of Certificates or Leases. 2!>. 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 fiovernor, or his delegate for the time beins; or, if planting, cultivation, or other permanent improvement be rot rem menec : withi three months after the issue of such certificate rr lea c e ; or, if one fourth in acreage of the land bo not planted, cultivated, or otherwise improved within twelve months from the dn+e of any such certificate or lease; or, if at any time dv_ ripp- tho currency of the lease, the land be neglected for a period r fsixmrn'bs or, if the rent be not paid on the davs appointel for payment thereof, the certificate or lease inav b"! cancelled, ,'o-d thfi interest of Hie holder of tho certificate, or ib" leasee as tho case may bs, absAntoly forfeited; and in every case where such conditions shall not be expressed in any certificate rr lease the same shal! be implied therein respectively. Tn.' nsfer, 27. Ccr'ificatcs or loaaeswill notlo trans. ferahlo without the special sanction ar.d authority of the Governor or his delegate for

the time being; and forevery sucMransfer, when sanctioned, a fee or fine of one pound (£'l) will be charged ; and no sucli transfer will be sanctions lin any case, unless, and un'il 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 allrent due shall have been paid. Land may be taken for roads. 28. The right to survey through any land held under certificate, or lease, snch 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 unr'er 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 »f 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 lie reduced in the same proportion as the reduction bears to the entire acreage. Conditions of Entry to Search for Gold. 31. The right of free entry upon any land hel I under certificate or lease as aforesaid, f.ir 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 to do so, in ■ riting under the hand of the Governor or his d legate ; 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 discovere i on the land.