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Voices from Auckland, New Zealand.
Credit Land
Credit Land.
| 41. |
No land, after the 1st day of August, 1860, shall be sold upon Credit, except such as may be lawful to set apart for Special Settlement by Immigrants expected to arrive. Before any Credit Land shall be sold, the Superintendent shall declare by notification in the "Provincial Government Gazette," and in such newspapers in the Colony of New Zealand and elsewhere as he may think fit, that the same will be open for sale at a place, and on and after a day, to be fixed in the notification; which day shall be at least two calendar months after the first publication of such notification. |
| 42. | All Credit Land shall be open for sale at the price of 10s. an acre, and shall be disposed of only to persons willing to purchase the same subject to the conditions herein-after contained, for the occupation and improvement thereof. |
| 43. | Any person upwards of sixteen years of age desirous of making a selection of Credit Land shall, on application to the Commissioner or his Deputy in Auckland, or to such other person in the colony of New Zealand, as shall be appointed by the Superintendent to receive the same, be entitled, upon payment of a sum after the rate of 1s. an acre by way of deposit, to receive a Land Order in a form to be, from time to time, prescribed by the Superintendent: Provided always, that no person shall be entitled to any such land order for more than eighty or less than forty acres of land. |
| 44. | Every such land order shall authorise the person entitled to the same, or his agent constituted in writing, to make a selection out of any Credit Land which shall be open for selection at the time such person shall desire to make the same: Provided always, that the land so selected shall be either in one allotment or in contiguous allotments.page 130 |
| 45. | Every right of selection must be exercised within two calendar months from the date of the land order, if such land order has been issued in the Province of Auckland, but if such order has been issued elsewhere, within six months from the date thereof; and the selection under any such land order shall be deemed to be complete whenever the person making the same shall have delivered such order during office hours at the Waste Land Office, together with a description in writing (under a sealed cover, with the words "Description of Credit Land" legibly written thereon), sufficient for the purpose of identifying the land selected. |
| 46. | All such sealed covers shall be opened at noon on the next Monday (not being a holiday), by the Commissioner or his Deputy, in the presence of a Receiver of Land Revenue, or such other officer of the Provincial Government as the Superintendent may from time to time appoint for that purpose, and in the presence of any applicants, if they shall attend; and if there be more than one application for the same allotment, the Commissioner, or his Deputy, and such Receiver or other Officer shall at once put up the same for sale by auction at the upset price of ten shillings an acre, at which sale those only who applied for the allotment shall be allowed to bid, and the highest bidder amongst them shall be declared the purchaser thereof, and the amount bid shall be deemed to be the price of the said allotment |
| 47. | Provided always, that when the person so receiving a land order does not make a selection within two months or six months respectively after the date thereof, it shall be lawful for such person to return to the Waste Land Office such land order and to receive back the amount paid for the same: Provided also, that if any such order be not returned within seven days from the time within which the selection in respect of the same should have been made, such order shall be held to have lapsed, and the amount paid for the same forfeited. |
| 48. | Any person whose application shall be granted, shall be entitled to have immediate occupation of the land selected, and shall be entitled to a lease of the same for five years, in a form to be, from time to time, prescribed by the Superintendent, at a yearly rent, after the rate of sixpence an acre, payable yearly; and the payment hereinbefore required by the way of deposit, shall be deemed to be in payment of the first two years' rent. |
| 49. | After five years' bonâ fide occupation, and the payment of the rent reserved by the lease, the lessee shall be entitled to a Grant from the Crown in fee simple of the land contained in such lease, on payment of the price thereof, as page 131aforesaid: Provided always, that if the purchase-money, and all the rent due, be not paid within six calendar months after the expiration of the lease, the land therein comprised, together with all improvements thereon, shall be sold by auction, by order of the Superintendent, after two months' notice given in the "Provincial Government Gazette," and in two of the newspapers published in Auckland; and the proceeds, after deducting all sums due in respect of the said land, and all expenses incident to the sale thereof, shall be paid over to the lessee forfeiting the claim, or to his appointee or representative: Provided that in default of such sale by direction of the Superintendent within twelve calendar months after the expiration of the lease, the Governor may direct the sale of such land upon not less than two months' notice, given in such wise as he may think fit. |
| 50. | Every person shall be deemed to have bonâ fide occupied any Credit Land under lease as aforesaid, who shall have erected a habitable dwelling-house thereon during the first year, and made improvements thereon, or any part thereof, after the rate of one acre in ten of open land, and one acre in twenty of forest land, for every year, after the first year, during such occupation. Such improvements to consist of tillage, or clearing of forest, or laying down to gass; and a residence during the whole term of five years by the lessee on any such land, shall be deemed and taken to be equivalent to such improvements. |
| 51. | Any lessee of Credit Land who shall, at any time during the term of his lease, have completed all the improvements which he is by this Act required to make during the whole term of five years, and wno shall pay the price thereof, and also all rent accrued due, shall be forthwith entitled to a grant of the land included in such lease. |
| 52. | If any lessee, or any other person, shall continue in possession or land which shall have become forfeited under the provisions of this Act (unless an appeal as hereinafter provided be pending), he shall be deemed to be in the unlawful occupation of Waste Lands of the Crown, and shall forfeit and pay for every day during which he shall so continue in possession, the sum of 40s., to be recovered before any Justice of the Peace in a summary way. |
| 53. | Every lessee of Credit Land shall forward to the Commissioner on the last day of the second year, and on the last day of every subsequent year of the term of his lease, or within fifteen days after such days respectively, a return in writing, in a form to be from time to time prescribed by the Superintendent, of the land improved by him during the preceding year, and the nature of such improvements, which return shall be certified by two house-page 132holders, and all such returns shall forthwith be published in the "Provincial Government Gazette" for general information. |
| 54. | Any lessee or his assign will be permitted to assign and transfer any Credit Land, subject to the terms and conditions prescribed in the original lease, and subject also to the approval of the Superintendent, on the recommendation of the Commissioner. |
| 55. | If any person holding under such lease as aforesaid, shall not within six months enter into bonâ fide occupation of the land thereby leased, or if he shall not pay the yearly rent of 6d, per acre at the end of the second and every subsequent year, or if he shall cease to bonâ fide occupy, or if he shall omit for one month after notice, to make the return in writing required as aforesaid, the Commissioner shall forthwith, by a notification to be published in the "Provincial Government Gazette," declare that the right and interest of such lessee in such land has become forfeited; and the Superintendent may let, or sell, or otherwise dispose of it under this Act, in the same manner as if the land bad never been let to such lessee. |
| 56. | If any question shall at any time arise as to whether a forfeiture has been incurred or sufficient improvements made, as required by this Act, it shall be lawful for the lessee, within one month after such question shall have arisen, to prefer an appeal, in writing, to the Superintendent, which appeal shall be referred, at the expense of the party requiring the same, to two arbitrators and an umpire, to be appointed in the usual way, whose decision shall be final and conclusive. |
| 57. | If any lessee or any other person shall, after the time for appealing to the Superintendent against the decision of the Commissioner shall have elapsed, continue in possession of land which shall have become forfeited under the provisions of this Act, he shall be deemed to be in the unlawful occupation of Waste Lands of the Crown, and shall forfeit and pay for every day during which he shall so continue in possession the sum of forty shillings, to be recovered before any Justice of the Peace in a summary way. |