AGRICULTURAL LEASES REGULATIONS.

Tuapeka Times, Volume I, Issue 2, 22 February 1868, Page 4

AGRICULTURAL LEASES REGULATIONS.

The following Proclamation appeared in the Provincial Government " Gazette " of the 1 tth instant ; and as we consider the subject of Agricultural Leases one of vast importance so the mining districts, we publish the Regulations in full : —

PROCLAMATION.

I, James Macandrew, Superintendent of the Province of Otago, by and with the advice of 'he Executive Council of the said Province, Jo hereby, by virtue and in exercise of the powers delegated to the Executive Government of the said Province in this behalf by His Excellency the Governor of New Zealand ia Council, under the authority of the " Goldields Act Amendment Act, 1867," and of any and every other power in any wise enabling ;ne in this behalf, revoke the proclamation and eegulations of the twenty-fourth day of June. me thousand eight hundred and sixty-seven, •xcept in so far as the same revoke any former proclamation and regulations, and with the id vice and consent aforesaid, and by virtue tnd ii r > exercise of 'he powers aforesaid, Ido ■lereby make the following regulations, prescribing *ho mode iv whicb applications may jt; m-i-Ln for ieatfee of .and for agricultural purposes, 'ha qui.ioity of Imii ii«i exceeding Cfiy r.c. j2, wljic.i ahail s.ncl ni:.y bs granted iv .. lease in ?.cy particular block, tha aui:uut of :ep isil to bo pai.i by any applicant there for, ncl by any objector thereto, the terms and onditions upon which such leases may bo leld, occupied, assigned, transferred, forfeited, md cancelled, the amount of rent payable there for, the terms of payment, and the conditions upon and the manner in which entry to search for gold, or for any metal or mineral, upon any land so leased, may be authorised.

REGULATIONS. Mode of Application. 1. Every application for an agricultural lease ofCrown Land within the Otago Goldfields nust be made in the form of the first schedule lereto, or to the like effect, to the Warden of he district wherein the land is situate ; and -•opies of such application must be .posted and maintained by the applicant for a period of I fourteen (14) days, on boards standing not less than three (3) feet above the surface of he ground, and erected one at each corner of he land so applied for. Application to be Advertised. 2. A notice of every such application, and ■A the date fixed for the hearing thereof, with • all particulars of the locality of the land apolied for, shall be advertised not less than twice, by and at the expense of the applicant, n Buch newspaper circulating in the district 8 the Warden shall direct ; and copies of the newspapers containing such notice shall be produced to the Warden before he shall proceed to hear the application. Deposit to be Paid. jeived by the Warden, the applicant must pay "o a Receiver of Gold Revenue a deposit, the imount whereof shall be calculated as hereinifter set forth, and such receiver shall give a receipt there for in the form set forth in the second schedule hereto (being the form provided by the Treasury Regulations of the 12th November, 1867) ; and such receipt must be produced to the Warden on making the application.

Veposit — how Calculated.

4. If application is made for twenty-five '25) acres, or any lesser area, the amount of the deposit shall be five pounds (£o). For my greater area the deposit shall be calcu'ated upon the entire acreage at the rate of bur (4) shillings per acre, and any fractional jart of an acre will be reckoned as an acre. Boundaries must be Marked. 5. The boundaries of the land applied for must be marked ou the ground by L trendies, md substantial posts standing not less than hree feet above the surface at each corner 'hereof.

Areas must be Rectangular. 6 Every area of land so applied for must •>c rectangular ia form, unless a creek, or •ivcr, or other natural obstacle renders a deviation from the rectangular form necessary. Date to he fixed for Hearing. 7. Upon receipt of on application, the Warden shall appoint a day for the hearing thereof, being not less than fourteen (14) nor more than thirty (30) days from the date of the receipt of such application. 4kP^'°^¥ to oe Recorded. 8. The'^' <£p^Stll cause every sp'eh application t&, in ' the/" Leases Record Bool^^^^Bftice^&n^aJApy of the Mppfr^-^j^^^^^^HHttj^^Bi person ■■■I^^^^^^^^^^^^^^^^^Kp'titno

man shall, also, (if so instructed by the Warden) attend at the hearing to render such other information as may be required. Warden to Report.

13. Immediately after the hearing the Warden shall forward the application, together with the Surveyor's or Draughtsman's report, and all other documents relating to the application, to such person aa the Superintendent may from time to time direct. And therewith the warden shall report whether any ob-

jection has been made, or is otherwise known to him, why such application should not be granted, and shall set forth tbe nature of any such objection ; and also whether the applicant is the 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 the Warden's recommendation as to the granting or refusal of the application. Protection during Application.

14. All applications for Agricultural Leases will be reserved for the final decision of the

Executive Government of the Province ; and

land for which application shall have been made in the manner aforesaid shall bo " protected" from the date of such application until such decision shall have been made known to the Warden.

Term of Lease.

15. Leases will be granted on such application as may be approved by the Executive Government for a period of not exceeding seveu (7) years from the first day of January, or the first day of July next ensuing the date of the certificate hereafter mentioned. Area.

16. Agricultural Leases cannot, in any case,

be granted for any larger area than fifty (60) 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 in the form in the third schedule hereto 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 applications 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 the Warden that Buch 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 uotified to him that such lease is ready for execution ; and if the holder of such certificate shall neglect for the space of thirty (30) days from the time of such notification to execute such lease and a counterpart thereof, the said certificate shall become void, and snail no longer" entitle the holder thereof to possession of the land therein mentioned ; and, after the expiration of such thirty (30) days, the holder of such certificate shall, if he remain in possession of such land, be deemed a trespasser on Waste Lands of the Crown, and may be proceeded against accordingly.

Unsurveyed Land.

20. If application be made for any 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 Burvey of such land, as nearly as possible in the form in which it haa been applied for, but having regard to the sixth of these regulations. \ Bent. \

21. For twenty -five acreß, or any lesser area, a charge of five pounds (£5) will be made for the first half-year, which shall covjpr all charges for the survey and preparation «f the lease of the land. For any larger arqi the charge shall be four shillings (45.) pe\ acre for the first half-year, which shall &teb cover the charges aforesaid ; and, after the first half-year, rent will be charged at the rule of two shillings and sixpence (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 is a month, and will be respectfully chargedVfor accordingly. And the amount paid by;^Ly of deposit on any application shall, in^k I event of the approval of Bucluapplication,^^ returned to the applicant on. payment of >.^| rent for fi«t half-year. , • >^^^^| Arrears to be paid on executiond^^^^R 22. Upon the -execution the rent shall be computed, and^^^^^^H the firs/ day of Januaij|^^Jul^^^^^^^^| ting the date to whie3^^H|^^^^^^^^H

vwwwwn vj vemjicetea or Leases. 26. Every certificate and least -hall be BU b. ject to the conditions following ; \w i 8i 8 to say) that if the land be sublet or tXferred without the sanction and authority of the Govern^, or his delegate for the time bet** . or, if pfcnting, cultivation, or other permaneL' improvement be not commenced within thrw monthlafter the issue of such certificate 01 lease ;l«r, if at any time during the current of thejasej the land shall be neglected for < periodif six months ; cr, if the rent be no paid |i the days appointed for paymen there® the certificate or lease may be con celledlnd the interest of the holder of thi certififee, or the lessee, as the case may be absolifily forfeited ; and in every caie when such Editions aball not be expressed in an' certifife or lease the same shall be implie! thereittespectively. I Transfer. 27. fcrtificates or leases will not be trans ferablfiithout the special sanction and autho rity oflie Governor or his delegate for thi time bfej and for every such transfer, whei sanctiofl, a fee or fine of one pound (El' will beferged ; a nd no such transfer will b< sanction in a ny case, unless, and until tb< conditi&with respect to improvement shal have belfluly complied with by the holde of the cmficate, or the lessee, as the cage ma; be, and Bil all rent due shall have been paid 2»2 may be taken for Roads. 28. Tttight to survey through any lane held uncfeertificate or lease, such roads a] may be ( led essential for publio convent ence, wil reserved j a nd also the right U throw tl open to public traffic, subject tc the alloy c of valuation for improvements and for a tanding and growing cropi wbicl may be i upon Buch line of roadatthi period w possession thereof is taken bythi Executivftvernment. fisiruc&on. of water-races. 29. Thlght to permit the constructor of water-a through land held under cer tificate oilse, and to grant free entry tc such lan* the purpose of cleansing oj repairing li water-races, will also be re reserved, *or withouj; compensation to th< holders tMf, and upon such teraw anc conditions Le Executive Government may from time lac appoint and determine. Areawhdravm, to be deducted. 30. Wheftr i an d held under certificate or lease elialo been withdrawn for any oi the before-Aned purposes, the area sc withdrawn slbe deducted from the acre< age originaljanted, and the rent thereafter payableler such certificate or lease shall be redujn the same proportion at the deductionls to the entire acreage. Condiiionshtry to search for gold. 31. The rigifree entry upon any land, hold under ce|te or lease as aforeaaid, foi the purpose olehing for gold, or for anj other metal, Ineral is reserved to the GoYeraorjmiLaWr a t c . n j t 1, sons as Bhall befcrisedso to do, in wnt ing under the htf the Governor, or hh delegate ; and h is also reserved the right of grantilermission to prospect, without compenl upon any unimproved land, subject to I regulationa a» the Go vernbr^ or his Ite for the time beinj Bhall from time fee oppoint in this be half; and every Kcate or lease shall b subject to a conduthat such certificate o lease may be detled when any gold, o other metal or mil ghall be discovered oi the land. I S C 111 U L E S . riRIIEDULK. I (Place and Dute. To Warden I [ hereby apply for al o f land for agriculti :al purpobes, situateWc state the localiti md comprising L or tfaereabouta ;ac L deposit herewith tlfcld Receiver's receij ! or the aum of jj Sj j n accordance wil ;he Agricultural Lea.tgul a tions, of the lay of February. 186H c uiider " The Golj ielda Act, 1866." | 7 Signature ('ncA/uK and address.l Che above applicationjbe heard before L kt on Iho day oi 186 I ' J I A, 8., I ' I "VVardel SJECOUDSaoLE. / -*_ -. - fi Place. / r^ „ ■ • -w , Date lecsived from * J by vy i :epasit on account of LAion for (ugh nj,nd situate at uA under appfcatic Mft^, s undci(Jnrricultura/Leasi 183 of the

Lands, si- 1 Fcaiis^So^ wweC c why suc£ Khe same |b holdW, and.cn i<m thereof- [ \ V< ' is\otified that Ind issiSl under Prince of