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Declaration.
I, A. B., of [Insert place of abode and occupation], do solemnly and sincerely declare that I am of the age of eighteen years and upwards; that I am making the present selection of land, under the system of deferred payments, bonâ fide for my own exclusive use and benefit, and not directly or indirectly for the use or benefit of any other person whomsoever, and for the purpose of cultivation; that I have not at any time acquired the freehold of any land under the deferred-payment system; and that I am not the holder either in my own name or in the name of any other person of, and that I am not beneficially interrested in, any lands of the Crown within the colony under the deferred-payment system, or under any agricultural lease, to any amount which, added to the acreage comprised in this present application, would exceed three hundred and twenty acres in extent; that I am not the owner of a pre-emptive right or of six hundred and forty acres of land in all; nor have I at any time assigned any interest in any land held by me on deferred payments. And I make this solemn declaration conscientiously believing the same to be true, and by virtue of an Act of the General Assembly of New Zealand intituled "The Justices of the Peace Act, 1866."
In the event of any of the statements contained in the
Penalty for false declaration.
above declaration being false, the selector shall forfeit all right to the land comprised in his selection, and all moneys paid in respect thereof, and all improvements made thereon.
63. The Board shall, upon production of the declaration
Conditions of license, and terms to be observed.
and payment of the deposit, issue to such selector a license to hold the land selected upon the following terms and conditions, which shall be endorsed upon every license:—
(1.) The license shall in the case of suburban land be
for a period of five years, and in the ease of rural land shall be for a period often years, to be reckoned from the next first day of January or July following the date thereof, and shall in
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addition include the period between the date of the license and such day.
License fees payable half-yearly in advance.
(2.) The yearly fee in respect of such license shall in the case of suburban land be an amount equal to one-fifth of the price of the land, and in the case of rural land be 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.
Deposit to count for half-year's license fees.
(3.) 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.
Personal residence imperative.
(4.) 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 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, if it shall think fit, give permission in writing dispensing with personal residence for the first four years from the date of the license, if the land is rural land wholly or mostly covered with bush.
Personal residence may also be dispensed with in the cases hereinafter mentioned in section sixty-four.
First year one-twentieth land to be cultivated.
(5.) The selector shall, within one year from the date of his license, bring into cultivation not less than one-twentieth of the land if rural land, and one-tenth if suburban land.
Second year another one-twentieth.
(6.) The selector shall, within two years from the date of his license, bring into cultivation not less than one-tenth of the land if rural land, and one-fifth if suburban land.
(7.) The selector shall, within four years from the date of his license, bring into cultivation not less
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than one-fifth of the land if rural land, and in the
cultivated within four years.
case of suburban land shall have enclosed the whole of his allotment with a substantial fence, and shall have cultivated at least three-fourths of the land, and shall have made substantial improvements thereon to the value of at least ten pounds for every acre of such land.
(8.) The selector of a rural allotment shall, within six
Improvements equal to £1 per acre of land to he made within six years.
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 one pound for every acre of such land.
(9.) The selector of a suburban allotment shall at any
After six years, if conditions fulfilled, may obtain grant.
time after the expiration of five years, and the selector of a rural allotment shall at any time after the 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 seventy-three, be entitled to the right to a grant of the land on payment of so much of the price thereof, if any, as shall remain unpaid.
(10.) For a breach of any of the conditions numbered
For breach of license, all rights forfeited.
from two to nine inclusive, the right of the selector to hold and to acquire the land described in his license shall be forfeited.
(11.) No selector, whose land adjoins land hold under
Rights against trespassers.
pastoral lease or license, shall be entitled to bring and claim for damages done on any part of the 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 and substantial fence.
64. Whenever any two persons who have obtained
Where selectors intermarry, occupation of one allotment sufficient.
licenses to occupy Crown lands set apart for settlement on deferred payments shall have lawfully intermarried at some period not sooner than twelve months from the issue of the last of such licenses, it shall be lawful for the Board to authorise such persons to reside on such one of the allotments so selected as the Board thinks fit.
Occupation of such one allotment in accordance with the
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permission of the said Board shall he deemed a compliance with the conditions of the fourth subsection of the sixty-third section of this Act, in respect of the several allotments selected by such two persons.
Transfer of interest by I selector.
65. If any selector shall desire to assign his interest in the land, he may apply to the Board to accept, instead of himself, some one person. The Chief Commissioner shall, at the expense of the selector, forthwith give public notice of such proposed transfer of interest by the selector, and no transfer shall be effected until after the expiration of thirty days from the day of the first publication of such notice; after which time, if the Board shall think fit to accept the person proposed as transferee, and such person shall have made the declaration required by the sixty-second section of this Act, and shall not be disqualified to hold such land to the extent thereof, the Board shall, on payment of
Fee of one pound on transfer.
a fee of one pound, indorse the transfer on the license upon production of the same; or if the loss or destruction thereof be proved to its satisfaction, the Board may dispense with the production thereof, and shall issue to the person accepted a new license, to hold the land on the same terms and from the same date as the original license, but with the name of such person substituted; and thereupon such person shall be deemed to have been from the date of the original license the selector of such land.
Executors same power within twelve months.
66. In the event of the death of any selector, his executors or administrators shall have the like powers as are given by the last preceding section to a selector in his lifetime, to assign the interest in the land of the deceased selector, provided that such power shall be exercised within and not later than twelve months from the day of the death of the selector.
If such executors or administrators shall fail to avail themselves, within the prescribed time, of the power hereby granted to them, then, and in every such case, the Commissioner of Crown Lands shall forthwith direct the land with all improvements thereon to be sold in the manner herein provided in cases of sales on recovery of possession of land, and shall, if the conditions of the license had not been fulfilled by the deceased, pay the surplus money of the proceeds of such sale in the manner hereinafter provided in such cases, but if the said conditions have been fulfilled then and in such case he shall pay the whole surplus to the representatives of the deceased selector.
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67. The interest in land on deferred payments of a
Interest of selector not liable for his debts.
selector who has not fulfilled all the conditions of his license shall not:, during the currency of such license, be assignable at law or in equity except under the provisions of this Act, and shall not be capable of being charged, incumbered, extended, or taken in execution in any manner whatever.
68. At the end of one, two, four, six, and ten years
Reports on fulfilment of conditions of license.
respectively from the date of the license, or as soon as conveniently may be thereafter, and at any such other time or times dining the currency of such license as they may think necessary, the Board shall ascertain, by such means as they shall think most fitting, whether or not any selector has during the said one, two, four, six, or ten years fulfilled 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 breach of conditions of license, the value of improvements upon the land, and generally for the purposes of carrying out the provisions of this Act.
And for the purpose of making any such report any Ranger of Crown Lands shall, at all reasonable times, have free ingress, egress, and regress in, to, and over any lands and hereditaments in the occupation of any selector; and any person obstructing such Ranger in the performance of his duty, or refusing or wilfully neglecting to answer any question put to him by the said Hanger in connection with his duty, shall be liable to a penalty not exceeding ten pounds, which shall be recoverable in a summary manner before any two Justices of the Peace.
69. If any selector shall fail to fulfil any of the
Procedure for recovery of possession in ease of breach of conditions.
conditions of his license within thirty clays after the day on which the same ought to be fulfilled, and shall neglect or refuse to give up possession of the land on being required in writing so to do, 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 sections eighty-two to one hundred and two, both inclusive, of "The Resident Magistrates Act, 1867," or any other Act that may be in force in that behalf, relating to the recovery of possession of tenements; and the whole of such sections shall apply and have effect as if embodied in this Act; and the Resident Magistrate shall have juris-
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diction in such case, notwithstanding that the value of the premises or of the license fees payable in respect thereof shall he of a greater value than fifty pounds by the year; and the jurisdiction of 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
bonâ fide or otherwise, which may be raised at the hearing of any such case.
On forfeiture, warrant to issue for obtaining possession.
70. 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.
After recovery, land with improvements sold by auction.
71. On recovering possession the Board shall cause a valuation of the improvements, if any, upon the said land to be made, and thereafter direct the land, with the improvements thereon, to be sold by public auction, the improvements for cash, and the land on deferred payments at such upset price, time, and place as they shall appoint, but at a price not less than the original upset price, exclusive of the estimated value of the improvements; and the purchaser at such sale shall be bound to fulfil the conditions mentioned in sub-sections two, three, four, five, six, seven, eight, nine, ten, and eleven, in section sixty-three, and hold his land under the other terms and conditions in this Part of this Act referring to lands held on deferred payments.
72. Out of the sum received for improvements at such sale there shall be returned to the original selector, after payment of all costs and expenses incident to the recovery of the possession of the laud and the sale thereof, such proportion, not exceeding seventy-five per centum, as the Board shall determine.
Condition upon issue of grant.
73. At the expiration of the term of any license, or on payment of the price of the land previous thereto, as provided in subsection nine of section sixty-three of this Act, the Board, upon all the conditions of such license having 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.
Holders of agricultural leases may exchange for lease on deferred payments.
74. Any original holder of an agricultural lease under
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"The Gold Fields Act, 1866," or any Acts relating thereto, who shall prove to the Board that be is the original holder of such lease and that he has held it for a period of three years, and made substantial and permanent improvements 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 a public nature, be entitled to surrender his lease and obtain a license under this part of this Act: Provided that no such license shall be granted whereby any person shall be entitled to hold more than three hundred and twenty acres at any one time under an exchange license on deferred payments.
Such license shall be called an exchange license, and shall be issued for a period of seven years at a yearly fee of three shillings per acre; and on the expiration of the last-mentioned term the holder of the license shall be entitled to a grant of the land comprised in the exchange license without any further payment.
The holder of any exchange license 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 remain unpaid at the date of his application to purchase the same.
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addition include the period between the date of the license and such day.
than one-fifth of the land if rural land, and in the 
permission of the said Board shall he deemed a compliance with the conditions of the fourth subsection of the sixty-third section of this Act, in respect of the several allotments selected by such two persons.
diction in such case, notwithstanding that the value of the premises or of the license fees payable in respect thereof shall he of a greater value than fifty pounds by the year; and the jurisdiction of 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 bonâ fide or otherwise, which may be raised at the hearing of any such case.
"The Gold Fields Act, 1866," or any Acts relating thereto, who shall prove to the Board that be is the original holder of such lease and that he has held it for a period of three years, and made substantial and permanent improvements 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 a public nature, be entitled to surrender his lease and obtain a license under this part of this Act: Provided that no such license shall be granted whereby any person shall be entitled to hold more than three hundred and twenty acres at any one time under an exchange license on deferred payments.