AGRICULTURAL LEASES REGULATIONS.

Dunstan Times, Issue 307, 13 March 1868, Page 4

AGRICULTURAL LEASES REGULATIONS.

Mode or Application. 1. Every application for an agricultural l*we of Crown Land within the Otago Goldfield must be made in the form of the first schedule horeto, or to the like effect, to the Warden of the district wherein the land is situate, and copies of such application must be posted and maintained by the applicant for a period of 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 so applied Tor. 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 be advertised not less than twice by and at the expense of the applicant, in such newspaper circulating in the district as the Warden shal direct, and copies of such newspapers containing such notice shall be produced to the Warden before he shall proceed to hear the application. Deposit to be Paid. 3. Before any such application shall be reesived by the Warden the applicant must pay to a receiver of gold revenue a deposit, the amount whereof shall be calculated as hereinafter set such receiver shall give a receipt therefor in the form set forth in the second schedule hereto (being the form provided by the Treasury Regulations of the 12th of November, 1567), 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 be calculated upon the entire acreage at the rate of 4s. per acre, and any fractional part of an acre will be reckoned as an aero. Boundaries must be marked. 5. The boundaries of the land applied fo must bo markedontheground by 1 _trenehes 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. Date to be Fixed forllearino. 7. Upon receipt of an application, the Warden shall appoint a day for the hearing thereof, being not less 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 be duly recorded in the "Leases Record Book" of his office, and a copy of the application shall be forwarded to such person as the Superintendent may from time to time direct. Hearing. 9. Upon the day appointed as aforesaid for the hearing the Warden shall proceed to hear tho application ; but such hearing may be adjourned from time to time, if any sufficient or reasonable cause be assigned or known to the Warden. Objections. 10. Objections o the granting of any application may be made, either in writing prior to, or verbally upon the day of tho hearing thereof: but every such objection must be sustained at such hearing by the objector in person. Cosrs 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 Report. 12. Before or at such hearing the Surveyor or Draughtsman of the district shall furnish to the Warden a report, setting forth the probably auriferous nature or otherwise of the land applied for, the prior existence or otherwise of any claim or claims thereupon, and the desirability or otherwise of reserving the whole or any portion of such land for roads, water-races, or other public or necessary purposes ; and such surveyor or draughtsman shall also if so instructed by the Warden) attend at the hearing, to render such other information as may be required. Warded to Report. 13. Immediately after the hearing the Warden shall forward tho application, together with the surveyor's or draughtsman's report and all other documents relating to tho 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 such application should not be granted, and shall set forth the nature of any such objection; and also whether applicant is holder of any other land under the Agricultural Leases Regulations and, if so, specifying the extent and area of any such former holding. And such report shall include tho Warden's recommendation as to the granting or refusal of ths application. Protection during Application. 14. All applications for agricultural leases will be reserved for the final decision of the Executive Government of the Province, r.v.A land for which application shall have been raado in the manner aforesaid shall be "protected" from the date of surh aviplieation until such flecision shall have been made known to the Warden. Term or Lease. 15. Leases will be granted upon such applications as may be approved by the Executive Government for a perio.l of not exeeed-

ing seven years, frum the first dsy of January or the fir.<t day July next after the data of the certificate. Area. 16. Agricultural leases cannot in anycase 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 certificate 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 dp Certificate. 18. If any applicant fails or neglects to take up hj s certificate within thirty days after service of notice from Warden that such certificate is ready for issue, such certificate may be forthwith cancelled, and, upon such cancellation, the deposit paid upon the application will be forfeited. Certificates to be Exchanged for Leases. 19. The holder of such certificate shall exchange the same for a lease whenever it is notified to him that such lease is ready for execution; and if the holder of such certificate shall neglect, for the space of 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 nf such certificate shall, if he remain in possession of such land, be deemed a trespasser on waste lands cf the Crown, and may bo proceeded against accordingly. TJnsurveyed Land. 20. If application be made for land which has not been previously surveyed, the Warden shall, immediately upon 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 sixth of these regulations. Kent.

21. For twenty-five acres, or any lesser area, a charge of £5 will be made for the first half-year, which shall cover all 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 cover the charges aforesaid; and, after the first half-year, rent will be charged at the rate of 2s. 6d. 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 lir.st half-year.

Arkears to be Paid on Execution of Lease. 22. Upon the execution of every such lease the rent shall be computed and paid up to the first day of January or July next following to the 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 grant any application the applicant 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, be 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 bo reserved along the margins of navigable streams and rivers. Sale of Interests Prohibited. 25. The sale or transfer of any right, title, or interest to or in any application for an agricultural 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. 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 com menced within three months after the issue of such certificate or lease ; or, if one fourth in acreage of the land bo not planted, cultivated, or otherwise improved within twelve months from the date of any such certificate or lease ; or, if at any time dn. ring the currency of the lease, the land shall be neglected for a period of six months or, if the rent Tie 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 ease wltere such conditions shall not be expressed in any certificate or lease the samo shall be implied therein respectively. Transfer. 27. Ccrtiacates or leaseswill nofbe trans, ferahle without the special sanction and authority of the Governor or his delegate for

the time being j and forevery such transfer, when sanctioned, a fee or tine of one pound (£1) will be charged ; and no such transfer will be sanctioned in aay case, unless, aad nntil 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 uuder certificate or lease shall have been withdrawn for any of the before-mentioned purposes, the area so withdrawn shall "bo 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 reduction bears to the entire acreage. Conditions of Entry to Search for Gold. 31. The right of free entryupon 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 to do so, in writing 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 discovered on the land.