THE LAND BILL.

Globe, Volume VIII, Issue 989, 27 August 1877, Page 2

THE LAND BILL.

[By Telegraph.] Wellington, August 25. • The Land Bill is very lengthy, containing 169 clauses, besides a schedule and ten important appendices. The following is a precis of the-Bill: J The Act comes into operation on Ist December next. The several existing regulations, Ordinances, and Acts are repealed excepting sections 2,3, 11, 17, 18, 19, 20, 29, 70, 71, 72. Their repeal is (hot; to affect^past'operations under former Acts or Ordinances and all proclamations Orders-in Council" appointments awards rules or regulations /made thereunder and in force when the.new Acib comes. into operation ' . , - r .-.■ Minister of is appointed to perform the functions'.of .Secretary of Crown Land. 3,. ~-,.f.l frt- ,,f [f a r ; yiflOJT " '. The,. followpigr v land -districts are established :—Auckland, Taranaki, Hawke's Bay, K Marlborough, Canterbury, Otago, Southland, Westland, and in the appendices special and separate rules and regulations for the alienation of rural lands are enacted for ,each land"district. , ■ There 1 ' wiil be Commissioners of Crown Lands t and one , or, more . Receivers of Land Revenue for' pacit 1 district; only ,the present holders'of offices to retain their appointments. The Commissipnbr ;to v be' ! 'chairman of the Land Boarui ' ' J '—'' •■'■-'•■* TKeipbwers i and 'duties' b£ Commissioners are (A) to,prevent uulawful trespassing (B) to remove '.trespassers or persons unlawfully occupying Crown* lands with their cattle and to "define" boundaTJes- of Crown lands lifclcPundor lease (D) -io enter on and take possession of any Crown land (E)to distrain, sue for t and\rec6vor moneys dye for rent of Crown lands ,(F) to enforce contracts respecting sales leases (Gr). determine any determinable cojotracts (H) to resume possession on-moniperforjnance of contracts ■JI)j (j;oj jjecoypr; and vrgceive; rents purchase "moneys &o.—, iThe (fprmej-jmay; r prosecute or defend Crown .suits. Ini actjpns for unlawful occupation,.b u^A.°^'Pr be with the defe'ridanb. ' decrees therein shall bind the Crown. Costs ihayJUe recdveSed) If in any action a question of: r b6unda% shall arise the Court may^fer.'tb t tafcny'-persdJtt/of .persons it may think fit rand the determination thence given to be .'inclusive.,. ~ Rangers for each district are appointed by the Governor..'' .The ,ranger onay be. a constable. r-:;'trr;v ' " j ~ ~ There"is---.t6 be; for. each district a Land Board, 4b:consist of the Commissioner of the district and:hb|?lesslhari»-t)Wo nor. more than five members to be appointed'and.removable by the Governor,; Existing,Boards are constituted the. first. Boards :uhder Act., Members are to re'tain office foV three years but arc eligible for re -appointment. Yacancies in a Board 'caused by! death, &c, will be filled upbythe Governor on .from ;tl\e Governor. Every Land Board will bave i precisely, ithe same powers. Commissioners anc\ .memhers are not personally liable. Payment, of members £1 for each attendance and actual travelling expenses. If any. members- do not take any payment or: travelling allowance they will not be .disqualified for a seat in the Assembly. " J Thfe Grovernor may ap'pbtnt local districts land offices and staffs for the sale or lease of land. . Any local -district may overlap the 'b6imdar'i6s "of• "any Hftfi district and embrace within its limits portions of different land districts';.-' >' nwiq m boAtaut eh In the conduct of business of a Land Board the chairman is to -have an original casting vote. tor be * quorum at meetings of the Board: * Except when Especially, ordered, they are to be open. ,tp„,the public. Decisions of the Board to be final, except incases hereafter

specified. AH recoixls tp[be open, to inspection on payinent-of fee. -- The Board may charge fees for the decision of disputed questions. Forms of ieases ; to - be approved by the Board and signed by the Commissioner. Fees on leases and licences to be fixed by the Board withthe approval of the Governor. of \loases pay be; made by endorsement.

No application for sale or lease, &c., to be lcgah unless; made at a dulyestablished land bftioe wit,btuLoJElj6eili6urß..-_JLAll.applura,tion3 to be in writing, any application may, at the option of the applicant, where no special provision exists*-to tKelcb'n&ary, be enclosed in a sealed cover which shall not. b<' opened till after thcj'qllideTlipurs Oil'the "flay it i.s made. "When any application "tor land is made at a land odice within any local district the officer receiving such application shall note the day and hour at which such application is made and shall -without delay transmit such application, together with a note of the time when the same was received by him, to the Board of the land district wherein the laud applied for, is situate; and the said Board shall deal with ' such • application as an 'made£'£s Ithe Board itself at the time .at\.rwhich it was made afc'the office tin the local district. Boards' to be

sole judges of fulfilment or conditions in occupation licenses.—Boards may grant rehearing within fifteen days 'oil application of 'any person "thinking himself aggrieved and such person may within thirtyjdays appeal to Supreme Court whose decision the Board shall be bound to follow. ,The Supreme ICourt to apportion: costs andtinay order facts iin"dispute to be determinedtby jury. - Questions of law may be submitted by the Board to a Judge/of the l Supreme Court iwhose opinion shall" (guide the action of the Board. Two ■or more > Judges may frame regulations of appeals;! No appeal shall be made from the decision of a Land Board ■'upon any question affecting the title of the Crown. ~« ~ ( _r>T«Tl -.J (I t Claims for compensation-to»be settled in

the manner provided - by the Public Works Act, , .Reference] toj arbitration to be carried on in a manner provided by the Supreme Court Practise Procedure Act 180'G. ~, .SjUKS "All Crown lands -to be divided into town suburban and rural. The Board may classify lands subject to'the 'approval of the Governor but no land which has been declared to be town, or„.,suburban shall cease to belong lo such classes without the consent ' of the Governor, in Council.. All surveys.skill as far as practicable be of rectangular form and when fronting road river lake or sea coast shall be of a depth of not less than twice the length of frontage. AlL.jtpwn and suburban lands shall 'be offered for sale by public auction in sections, the size to be determined by the Board with the approval of the Governor; provided always that no town lands shall be sold at a rate less than twenty pounds sterling per acre and ho suburban lands at rate less than three pounds sterling per acre. The Board shall give notice of the time and place at which any auction of such lands is intended to be held, is which notice the allotmeatfi of land

which shall then he offered for sale or lease, and the upset price of the same, shall be specified and such notice shall be published in the gazette or a newspaper published in the land district not more than three months nor less than one month before such auction shall take place. No such lands shall be included in any such notice unless the same shall have been previously surveyed and have been distinguished by an appropriate mark upon a map to be exhibited in the land office for public inspection during office hours for one month before such sale The land shall be offered for sale by auction by some person to be appointed for that purpose by the Board and such person for the purpose of such sale shall not require to take out an auctioneer's license. Immediate payment of one-fourth part of the purchase-money shall be a condition of every such sale by auction and the remaining three-fourths of the pur-chase-money shall be paid by the purchaser within one calendar month next after the time of such sale otherwise the part of the purchase-money so paid by way of deposit as aforesaid shall be forfeited and the contract for the sale of land shall thenceforward be null and void. After land has been offered for sale by auction and not sold it shall not be open for sale until after thirty days' public notice thereof shall have been given. It may then be either offered again from time to time in one or more lots for sale by public auction or declared open for sale on application in such lots at such price per acre as the Board shall determine, being a price not less in any case than the minimum price payable for land of the same quality that is open for selection for cash. The foregoing provisions relating to sales of town and suburban lands by auction shall equally apply to all sales by auction of any Crown iands whatever or leases or licenses therco f. EUHAL LANDS. Subject to the general power of the Land Board in respect of the disposal of the rural lands within the several land districts constituted under this Act the said lands within each land district may be disposed of in the manner more particularly provided in the appendix relating to such land district annexed to this Act; provided always that no larger quantity of rural land than 320 acres shall be put up for sale by auction in any one lot. The maximum hereby limited for the sale of rural lands shall not be deemed to apply to land classified as third class land within the land district of Auckland or to lands classified within any other land district as pastoral or pasture land or as being unsuited for tillage or agricultural purposes in so much of the several Acts Ordinances and land regulations heretofore in force specially relating to the alienation of rural lands within the several land districts of the colony as is set forth in the several appendices to this Act and amended as therein appearing is hereby enacted and shall be in force within the several land districts to which the aforesaid appendices respectively relate. In all cases where it is not specially provided otherwise the applicant for the purchase of rural land which is not sold at auction shall pay by way of deposit at the time of making his application one-fourth part of the purchase money of the land applied for and shall pay the remaining three-fourths of such purchase money within twenty-one days after notice has been given that the applicant has been declared the purchaser. If the purchase money be not paid at the time fixed, the deposit to be forfeited and the application cancelled. The Board may withdraw land from sale though application has been made for its purchase should the Board consider: the sale prejudicial to the public interest. The Governor may affirm or overrule such; withdrawal. In the event of the Governor overriding, the land to be open for sale.. Thirty days'notice to'be given by advertise-? ment. The Board may sell or lease,lands of special value by,auction in such manner and at such pi-ice as the,Board may think fit, not being less than the price at present authorised. Every person avlio shall directly or indirectly offer or propose to accept money ov. other valuable consideration for abstaining from bidding or competing as a purchaser, and whether or not the land be actually, put up for sale, shall be deemed guilty of misdemeanor and liable to not exceeding twelve months' imprisonment or a fine of £2OO. The actual receipt of money shall subject the recipient to not exceeding two years' imprisonment or a line of £SOO. Extorted money is made recoverable. A declaration in a form given may be required from the bidders that they are bonajide intending purchasers or the authorised agents of intending purchasers. Any person making a false declaration to be guilty of misdemeanor and the Commissioner of the Crown Lands or other person connected with the administration of the colony who shall cause or attempt to cause or knowingly permit any person to apply for the purchase of any portion of the Crown lands, stich applicant not being a bona fide intending purchaser or who shall knowingly countenance or permit any collusion or arrangement between inteuding purchasers of land having for its object to preclude or supersede the necessity of bona fide competition at any such auction sale as aforesaid, shall on conviction thereof be liable to a penalty not exceeding one hundred pounds and shall for ever thereafter be rendered incapable of holding any office or employment under the Crown. LAN!) ON DEFERRED PAYMENTS. The Governor by proclamation in the "Gazette" may from time to time set apart out of any town suburban or rural lands such blocks or allotments of land as he shall think fit and set the same aside for sale on deferred payments and in such proclamation may fix a day on which the land shall be open for application and he may also in like manner set apart for sale on deferred payments siich blocks or allotments as may be recommended by any Land Board and may also from time to time alter amend or revoke any such proclamation. All applications for land on deferred payments are to be made in the same ! manner as in the case of ordinary applications "iven above. Where more applications than one are made on the same day for the same land the land applied for shall be put up at public auction and the bidding at such auction shall be limited to the applicants. Every selector shall at the time of making application for the land deposit with the Receiver of Land Revenue in the case of town or suburban land an amount equal to one-tenth of the price of the land and the deposit of every selector shall be absolutely forfeited if he neglect or refuse to take up his license. In the event of the land applied for being put up at auction the person who is declared the purchaser of the land shall forthwith pay to the Receiver of Land Revenue in addition to the sum he has deposited an amount equal to one-tenth or onetwentieth according to the class of the land of the increased price obtained for the land at auction over the upset price thereof. In order to prevent the same person obtaining

more than one allotment of land on deferred payments the Board shall keep a register of all selectors showing the extent of the land selected by each person and such register shall be kept in alphabetical order. No person shall be entitled to select land in more than one class and the maximum area to be held by any one selector shall not exceed on the whole of town suburban or rural land one allotment. No allotment of suburban land shall exceed twenty acres or of rural land 320 acres. The price per acre shall be where land is open for selection and sale for cash, then such cash price and one-half thereto added, or where land is required to be put up at auction then the highest price bid for such land and the land in such case is to be put to auction at the upset price and one-half added thereto. Any person of eighteen years age or upwards may become a selector but no person having assigned his interest shall be allowed to make any new selection. No person employed by or on behalf of Her Majesty in any land office or in the survey department nor owner of a pre-emptive right; no married woman not having obtained a decree of judicial separation or a protection order; no person who at the time of making his application has made any arrangement or agreement to permit any other person to acquire by purchase or otherwise the allotment in respect of which his application is made or which he has bought at auction or any part thereof or the applicants interest therein, shall become a selector hereunder. A statutory declaration is required of bona fide application. A false declaration shall subject a selector to forfeiture of all right to the land all moneys paid therefor and all improvements thereon. Terms and conditions upon which the land selected is held shall be endorsed on every license. They are as follows : —The license in case of town or suburban land to be for a period of live years ; in the case of rural land ten years, to be reckoned from Ist January or Ist July following the date thereof. The yearly fee in respect of such license shall, in the case of town or suburban land, be an amount equal to one-fifth of the price of the land, and in the case of rural land an amount equal to one-tenth of the price of the land, and shall be payable in equal parts half-yearly in advance on the first day of January and the first day of July in each year to the Receiver of Land Revenue. All the deposit paid at the time of application shall be in discharge of the license fee due on the next first day of January or July following the date of the license as the case may be. In cases where land has been submitted to auction then the aforesaid deposit together with the proportion of the increased price obtained for the land at auction paid forthwith after the auction shall be in discharge of the aforesaid license fee. The selector shall within six months after the issue of the license personally reside on the land and shall continue so to reside, in the case of town or suburban land for a period of four years, and in the case of rural land for a period of six years from the issue of the license, but the Board may give permission dispensing with personal residence for the first two years if the land is rural land wholly or mostly covered with bush. Personal residence may also be dispensed with where selectors intermarry. The selector shall within one year from date of his license bring into cultivation not less than one-twentieth part of the hind if rural and one-tenth if town_ or suburban. The selector shall within two' years from the date of his license bring into cultivation not less than one-tenth of his land if rural land and one-fifth if town or suburban land. The selector shall within four years from the date of his license bring into cultivation not less than one-fifth of the land if rural land and in the case of town or suburban land shall have his allotment with a substantial fence and shall have cultivated at least threefourths of the land and shall have made substantial improvements thereon to the value of at least £lO for every acre of such land. The selector of a rural allotment shall within six years from the date of his license in addition to the cultivation of one-fifth of the land have put substantial improvements of a permanent nature on the land to the value of £1 for every acre of such land. The selector of a town or suburban allotment may at any time after the expiration of live years and the selector of a rural allotment may at any tiiue after expiration of six years upon having complied with all the conditions of his license during the currency thereof and upon obtaining a certificate from the Board as provided in section 2',i, acquire the right to a grant of the land on payment of so much of the price thereof if any as shall remain unpaid. For a breach of any of the conditions numbered from two to nine inclusive the right of the selector to hold and to acquire the land described in his license shall be forfeited. No selector whose land adjoins land held under pastoral lease or license shall be entitled to bring any claim for damage done on any part of land held by him by trespass of any horses cattle or sheep belonging to any pastoral tenant of the Crown unless the land so trespassed on shall have been enclosed with a good substantial fence. "Where selectors intermarry occupation of one allotment sufficient. If any selector desire to assign his interest he may apply to the Board to accept some person in place of himself. The Commissioners shall thereupon at the expense of the selector give public notice of such proposed transfer and no transfer shall be effected until after thirty days from the date of the first publication. If Board consent to accept the proposed transferee the Board shall on payment of two pounds fee transfer the license. Executors of a deceased selector have the same power within six months from death. If executors fail to avail themselves of the above power the Commissioner shall have the land with improvements sold and the proceeds paid as hereafter provided. The interest in land on deferred payments of a selector who has not fulfilled all the conditions of his license shall not be liable for his debts. At the end of one two four six and ten years respectively the Board shall ascertain if the selector has fidfilled the conditions of his license and for this purpose it shall be lawful for the Board from time to time as they shall see fit to require any ranger of Crown lands to report to them upon any hreacli of conditions of license the value of improvements upon the laud and generally for the purposes of carrying out the provisions of this Act. If any selector shall fail to fulfil any of the conditions of his license within thirty days after the day on which the same ought to be fufilled and shall neglect or refuse to give up possession of the land on being required in writing to do so the Commissioner of Crown lands shall apply to the Resident Magistrate of the district for the recovery of the said land in the manner indicated by the eighty-second and following provisions of The Resident Magistrate's Act 1567 or any other Act that may be in force in that behalf relating to the recovery of possession of tene-

rnents. The Resident Magistrate shall have jurisdiction in such case notwithstanding that the value of the price or of the license fees payable in respect thereof shall be of a greater value than £SO by the year and the jurisdiction by such magistrate shall not be taken away or deemed to be ousted by any claim of title, question of property, or suggestion of right, whether made bona _ fide or otherwise which may be raised at the hearing of any such case. If the_ Resident Magistrate shall decide that any of the conditions of the license have not been fulfilled he shall declare the interest of the selector to be forfeited and shall forthwith issue his warrant to the bailiff of the Court or to any constable to give possession of the land to the Board. On recovering possession the Board shall direct the said land and the improvements thereon to be sold by public auction for cash at such upset price time and place as they shall appoint but a price not less than the originul cash price or less than the amount of the unpaid instalments. The proceeds of such sab; shall bo applied in the following manner : - (1) To the liquidation of the unpaid balance of the license fees for the whole term of the license. (2) To the payment of all costs and expenses incident to the recovery of the possession of the land and the sale thereof. (3) The surplus after deducting 25 per cent, as damages for breach of license to the selector. At the expiration of the term of any license or on payment of the price of the land previous thereto as provided in sub-section 10 of section 63 of this Act the Board upon being satistied that all the conditions of such license have been fulfilled shall certify to the Minister that in their opinion the selector is entitled to a Crown grant of the land held by him and a Crown grant accordingly shall in due course be issued to the selector. And when any land shall have been sold at auction in consequence of death forfeiture or under any of the provisions of this Act relating to such sales a Crown grant for the same shall be issued as soon as may be after the payment of the purchase money for such land. Any original holder of an agricultural lease under the Cold Fields Act 1866 or any Acts relating thereto who shall prove to the satisfaction of the Board that he is the original holder of such lease and that he has held it for a period of three years and made substantial and permanent improvement thereon as provided by the said Acts and that he has paid all rents due thereon and in all respects complied with the conditions of such lease shall if there be no objection to the alienation of land held under such lease on the ground of being auriferous or other reasons of public nature be entitled to surrender his lease and obtain one on deferred payment, such lease to be called "exchange lease" and will be issued for a period of seven years at an annual fee of 3s per acre, and at the expiration of the term the holder shall be entitled to a grant of the land comprised in the exchange lease without further payment. The holder of any exchange lease may at any time acquire the right to a Crown grant of the land on payment of so much of the price thereof as shall be unpaid on date of application. The Governor may set apart blocks of pastoral land for sale on deferred payments. Such lands if held trader pastoral lease may be sold not more than twelve months before the expiring of the existing lease. Sale to be subject to and occupation to commence at the termination of the lease. Such lands to be sold by public auction at an upset price if the land be considered of special value. Wo allotment to exceed five thousand acres. No purchaser shall be entitled to purchase more than one allotment. A register of the names of all purchasers to be kept, showing also the extent of the land purchased in the name of each perso7i. Any person 18 years of age may purchase, but no purchaser having assigned his interest shall be allowed to make a second purchase. No married woman not having obtained a protection order or judicial separation shall be entitled to purchase under these sections, statutory declaration to be made of bonajides and forfeiture forjffalsc declaration. Every purchaser shall forthwith after the auction deposit with the receiver of land and the deposit of every purchaser shall be absolutely forfeited if he neglect or refuse to take up his license. The Board shall upon production of the declaration and payment of the deposit issue a license to hold the laud upon the following terms and conditions which shall be endorsed upon every license (1) license to endure for fifteen years (2) license fees payable half-yearly in advance (3) deposit to count for half-year's license fees (4) personal residence imperative except for a term of eighteen months (5) after ten years if condi- | tions fulfilled may obtain grant (6) for breach of license all rights forfeited. OCCUPATION LICENSES. It shall be lawful for the Board to issue licenses in forms to he by the Board prescribed authorising the holders to occupy for any period not exceeding seven years from the granting thereof so much of the Crown lands as shall be specified therein—For any of the undermentioned purposes namely cutting and felling and removing timber cutting and lemoving flax raising of lignite or coal removal of sand gravel or stone working of quarries sites for saw mills (tour mills sites for tanneries fellmongeries sites for slaugh-ter-yards brick kilns sites for potteries ferries jetties sites in thinly-inhabited districts for inns and accommodation houses provided that licenses for inns and accommodation house shall not authorise the sale of fermented or spirituous liquors. Board to define area and fix annual fee. No licenses shall preclude Board from selling or leasing or governor from including within a hundred or reserving or in any way affect rights of the Crown to the land occupied in virtue of such license and such license shall cease to have any force over lands sold leased or reserved. All disputes decided by Board. Any unlicensed person occupying Crown lands for above purposes liable to a penalty not exceeding .C2. FORESTS. The Governor may declare forests to be forests under this Act and appoint Conservators and make by-laws for the conservation and management of such forests the infringement of which may involve a penalty not exceeding £SO. Conservators may apprehend offenders without warrant. Persons found on forest land in possession of timber and not accounting satisfactorily for such possession liable to forfeit and pay over and above the value of any tree or part of tree in their possession any sum not exceeding £5. LAND HELD POR PASTOKAL PUEPOSES. In regard to runs within Canterbury.—From and after Ist May 1880 the rent for runs is to be assessed on their carrying capacitiy. The Board not later than Ist November 187 H to determine the grazing capacities of all runs held under license iu ih<i Canterbury district and gazette the same. In no case shall a run

be assessed to carry less than it did in 1876. If either the Minister of Lauds or the occupier of a run be dissatisfied with the amount of rent fixed by the Board, he may appeal against such decision by application to the Judge of the Supreme Court and if it shall appear to the said Judge that the assess • nient was fraudulent or erroneous or unjust the Judge shall make an order without costs that such assessment may be appealed against by the Minister or the occupier. On lease given the matter of appeal may be referred to arbitrators who shall iix the rent of the run and may award costs of appeal. The Board may increase the amount of rent at any time within twelve months after the same has been fixed if they think the rent toelow, the occupiers to have right of appeal as above. Every holder of a depasturing license who shall before Ist March 1880, pay the first year's rent in advance and in other respects comply with the provisions of this Act shall be entitled to hold his run as from Ist May 1880 to Ist May 1890 subject to the provisions of this Act, and thereafter the depasturing license and all rights (if any) created thereunder shall absolutely cease. Licenses may be forfeited on failure to pay rent. All rights of pre-emption to lease on Ist May 1880".

In regard to runs within Otago. —Before the termination of any lease for depasturing purposes now in force the Board shall with the approval of the Governor determine whether the land will be again let for depasturing purposes and if it be resolved that a lease of the whole or any part shall not be granted the Board maywithi ntwelve months before the expiration of the lease notify the occupier. In the event of it being resolved to re-lease the whole or any part of the land, such lease shall be sold by auction at least twelve months before the expiration of their existing lease. The sale of leases shall be on the express condition that the purchaser, not being the actual lessee, shall before being let into possession pay to the Receiver of Land Revenue valuation for improvements on the run, provided the amount of such valuation shall in no case exceed three times the amount of average annual rent paid under the expiring lease during the term thereof. The amount paid therefor to be handed to the late occupants. No claim for improvements to be made against the Crown or Board. ( To be continued.)