The Pamphlet Collection of Sir Robert Stout: Volume 62
Declaration under the Perpetual-lease System on taking a Lease or becoming the Transferee or Sublessee oe a Lease.
|1.||I am of the age of seventeen years and upwards.page 39|
|2.||I am the person who, subject to the provisions of "The Land Act, 1885, and its amendments, am applying for the lease [or is desirous of becoming the transferee or sub-lessee of a lease] of section, Block, District.|
|3.||I am applying for [or I have purchased the interest of, of, in] a perpetual lease of the said section [or I have taken a sub-lease from, of, of the said section] for a term of years, to be computed from the day of, solely for my own use or benefit, and for the purposes of cultivation, and not directly or indirectly, for the use or benefit, of any other person whomsoever.|
|4.||Including the said lands, I am not the owner, tenant or occupier, directly or indirectly, either by myself or jointly with any other person or persons, of any lands anywhere in the colony exceeding in the whole 640 acres [or if including second-class lands selected under "The and Act Amendment Act, 1887" 2,000 acres].|
|5.||I have not, within three years prior to the date hereof, surrendered a lease granted under "The Land Act, 1885," or its amendments with perpetual right of renewal of the lands for a lease whereof I am now applying.|
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, 1882."
Taken and declared at____, this____day of____,18__, before me,____, a Justice of the Peace for the Colony of New Zealand.
An Abstract of the Conditions relating to the Occupation of Crown Lands on the Deferred-payment System.
|1.||The license shall in the case of suburban land be for a period of five years, and in the case of rural land shall be for a period of ten years, to be reckoned from the next first day of January or July following the date thereof, and shall in addition include the period between the date of the license and such day.|
|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 on the first day of July in each year, to the Receiver of Land Revenue.|
|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.|
|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. The Governor may proclaim that the provisions of the Act as to residence shall not apply to lands wholly or mostly covered with bush or swamp; or the Board may, if it think fit, dispense with personal page 41 residence in the cases mentioned in section 115 of "The Land Act, 1885;" and under section 21 of the Act of 1887 residence may be dispensed with altogether on bush or swamp lands if twice the amount of permanent improvements required are made.|
|5.||In first-class land 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, and in second-class land shall make substantial improvements to a value equal to 10 per centum of the price of the land.|
|6.||In first-class land 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, and in second-class land shall make substantial improvements to a value of 20 per centum of the price of the land.|
|7.||In first-class 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 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 £10 for every acre of such land, and in second-class land shall, within six years from the date of his license, make substantial improvements to a value of 30 per centum of the price of the land.page 42|
|8.||The selector of a rural allotment of first-class land 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 for every acre of such land.|
|9.||The selector of a suburban allotment shall at any time after the expiration of five years, and the selector of a rural allotment shall at any time after having complied with all the conditions of his license, during the currency thereof, and upon obtaining a certificate from the Board, as provided in subsection (9) of section 114 of "The Land Act, 1885," 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 from two to eight inclusive the right of the selector to hold and to acquire the lands described in his license shall be forfeited.|
|11.||No selector whose land adjoins land held under pastoral lease or license shall be entitled to bring any 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.|
|12.||Notwithstanding anything contained in subsection (9) of section 114 of "The Land Act, 1885," any person who may have become a selector of land on deferred payments in the time inter- page 43 vening between the coming into operation of "The Land Act 1877 Amendment Act, 1879," and "The Land Act 1877 Amendment Act, 1884," respectively, and who shall, at any time after three years from the date of his becoming a selector as aforesaid, have completed the improvements enumerated in subsections (5) to (8) of the said section, shall be entitled to a grant of the land on payment of so much of the price thereof, if any, as shall remain unpaid.|
|13.||Any selector who has complied with all the conditions of his purchase for a period of one year from the date thereof may apply to the Land Board to capitalise the unpaid instalments, in terms of section 126 of "The Land Act, 1885."|
|14.||A selector may hold 640 acres under the deferred-payment system and no more. (See declaration, Schedule II.)|
|15.||Any selector may, under section 20 of "The Land Act Amendment Act, 1887," apply to the Comissioner for an extension of his license to fourteen years instead of ten.|