THE SOUTHLAND WASTE LANDS ACT, 1863.

Southland Times, Volume III, Issue 43, 15 February 1864, Page 7

THE SOUTHLAND WASTE LANDS ACT, 1863.

An Act to amend the Laws now in force for the Sale, Letting, Occupation, and Disposal of the Waste. Lands of the Grown within the Province of Southland. agSEBYgDYpQII IJ^n HA^STT'S ASSENT, I^TH n^CEMBEBj 1613, Whereas it is expedient to amend the acta,* oi'dinanees, and regulations, now in force within th© Province of Southland, for the sale; JottingYoooupation, and disposal <if the .-waste lands @f t-h e C^QTmjY^nft to' jnnHo tfarthsr* *>VGvision thereto V 1 $$ it thepefqus enacted h^- ths &ene*al Assembly of Hew Zealand, in Pai4kment assembled, and -by the authority of the same §& follows '*•*-• ■-■■*■? 'A': Short tithi ' ' ''-' X, :"Tiie *• short title of this act shall be- the {{ SoutHlatid Waste X&nds Act, im*-s : ii ■ 11. ;shis aot shall apply tq the P?$ a vlnee-asid to 'th© waatelaiid within the. sn«»vin«e" of Southland only, m& shedl net come itito ; operation "'.until' y EetI&ajesty'a ; pleasure = shall have ;beoa takmv ttefion, nnd the '-same shall have heen idonflvmed , by Km ■M^je&tyr'' with tlie*- advice ofthe Py-ivyGf^nc-il, mA § pVoclivirmtion of such eonflvmation! 'aavihg been given* shall have been i Wide m' the Governor. | ' Partial Hepetil of Lms, * I 111. As to any s&le Or other dwposi-tl6n-Gf-iand:-he.wafteu.'.to be made, the order made by the (Governor 'in Council on the 19th 'day of September, iB6O, and the 6th, 7th/. Sth* Bth, 10th 5 llth and 18th clauses of the Waste -Lands Eegulations of the Province of Otago, proclaimed by the G-overnor on the igth ■ day of $*ebi?imry> 1850, are hereby repealed s Provided always that the said Order in Council and clauses shall, subject to the provisions . hereinafter contained, remain in force as to all engagements, contracts and obligations heretofore *.. entered into thereunder, and as yet uncompleted. l.—Bukii Laicd. Section 26 Partially Repealed. - IV. So far as concerns rural land, Section 26 of the said Waste Lands Regulations is hereby repealed. All Rural Land Open for Sale, V. All rural land shall hereafter be open for sale or disposal, except such as, at the time application is made for the purchase of the same, is leased, or reserved for leasing, or is included or comprised within any license to depasture stock, or is reserved from sale by virtue of any power or authority in that behalf, given by any act, ordinance or regulation for the time being in force; but it shall he lawful for the Superintendent with the advice ancl consent of the Executive Council, to reserve or withdraw from sale any land, the sale of which may appear to to be prejudicial to the public interests. Purchasers must make Application. VI. Any persons desirous of purchasing land shall make an application in writing for the purchase thereof to * the Waste Land Board, in a form to be by the -Board prescribed, ancl the decision of the Board on such application shall be given on such day as it shall appoint not "being more than twelve days from the date of application. In the event of two or more persons having made application for the same land on the same day, such land shall be put up for sale by public auction, open to all bidders. Price of Land. VII. The price at which land shall he offered for sale shall be forty shillings per acre ! ancl in the event of two or more applications for the purchase of the same land being made mi • the same clay, the upset price at which sueh land shall be put at the auction shall be forty shillings per acre. Price of L ind may be raised VIII. Provided always that it shall he lawftil for the Grovernor in Council from time to time if he shall see fit, on the receipt of a recommendation to this effect from the Superintendent and Provincial Council, to order that an augmentation shall be made in the price :at which the waste lands shall be offered for sale, either by selection or auction, to such an amount as shall be expressed in the said recommendation, and from and after a date to be fixed in the order in Council the price shall be raised accordiugly. Land, liow to be Sold. IX. Where no more than one application shall have been made for the same land on the same day, andthe Waste Land Board shall have decided that the land shall be sold, ancl shall haye declared such applicant to be the purchaser thereof, then such applicant shall forthwith pay to the treasurer of the Waste Land Board the purchasemoney thereof ; and Avhere land shall have been put up to public auction, as hereinbefore provided, the highest bidder shall he declared the purchaser : thereof, and the person who is declared the purchaser shall, immediately after such sale, pay to the auctioneer or other person '- authorised by' the 1 said treasurer .to reeeive the same, the purchase money of thelandpurchasedby him -...; Grant tobe issued. X. Upon payment of the purchasemoney the purchaser shall.be entitled to a grant from the Grown, in fee pimple, of the hind of which he shall have been declared the purchaser. ■■Any\former_Purchmer , mdyeithin L A- , y'. XIYYAny person who .at any ytiine before -; /Ifoe^passmg V>f this Act shall have applied ; for the purchase of land under the Land Regulations then in force, and shall have obtained from the Waste Land Board a certificate ent^ing him to take possession of the land specified in his- application, but ' who shall -hot have expended on such < land forty shillings per acre in improvements, so as to entitle him. to a Crown grant thereof under the said Begulatiohs (hereinafter styled a "former purchaser ") may. elect ' to do

either of the following things :■— ; 1. To pay . the Receiver of Land Ilevemie at his offiee a sum of money equal to ton shillings per acre on the quantity of land comprised in his certificate, and he entitled forthwith io a Grown grant In fee simple, ' 'free from, conditions. ' g, To tglto aY Grown grant in; fee simple "without conditions for V twci^hiKls in- value of the land comprised in moh oe^tiflope. To be-asoei'Mned to the aA> '-, -faction, oi -the Oomniissiojies* 5 of ■ Owwn'lands. (tthnywiid to hhnddn thefr. rights, 3£Xli Any s\igH ftymev purchaser who sliall within six inonths ftfter the ooini-ng into operation of this Aoi* elect to dq either <s£ .&■$ Yftffl*p#»«W* tioned things,; ftnd signify the saroejn writing to the Waste Imvl Jq'^ j shall hs .deemed- to have decided to stand upon his rights, -and to remain ailbieot to his liabilities as though this A.6t''hiid ntf)"foeen ppsad.'hteht of hmmm> . - „ XIU,. On tho .'p*octaspn of new kindreds mm eovrnti-y 'nam wle? p&s&ml licenses, the s?ighfc of pastumgo shall remain with the Holders 'of such licensed until the appsintmeat ofj wardens fof »ut?H humlfeds, ! land in Qohlpld ittyut io WasU Und ; &tlWh: XIX. It shall be lawfol fc* the j ©Gvej-nor s by .proclamation, frorn timo | td time, to declare that any district of { country to be therein described} which j may be ov havo. been proclaimed a j 'aoldfleld under the provisions of the I *-&oldftekk Act, 1862," or any <Md« ! fields' Act for the time being in- force, j the pastoral licenses over which shall | have been suspended or cancelled, i shall, from a date to be therein stated, j be subject to the provisions of the ! " Waste Lands Act, 1858," and to the provisions of the several Acts, Ordinances and Regulations for the time j being in force within the said Province i for the sale, letting, occupation or dis- i posal of the Waste Lands anything in sueh G-oldfields Act to the contrary notwithstanding.