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The Pamphlet Collection of Sir Robert Stout: Volume 7

VI.—Town Lands

page 9

VI.—Town Lands.

23. The sites of Towns shall be determined by the

Towns, sites of

Superintendent, upon the recommendation of the Provincial Council, and shall be notified by proclamation in the Government Gazette of the Province. 1
24. Town Lands shall be sold by public auction,

Town lands to be sold by auction

in sections, the size and upset price of which shall be determined by the Superintendent and the Provincial Council; and, having been so determined for each town severally, shall not again be altered.
25. The time and place of every auction sale shall

Auction sale, time and place of

be fixed by the Superintendent, and shall be notified in the Government Gazette, and one or more newspapers of the Province, at least thirty days before such sale shall take place.
26. No such notification of any sale of town lands

Notification of sale not to be published until map of town is open for inspection

shall be published until a map of the town, signed by the Chief Surveyor, shall have been laid open for public inspection in the Land Office; and such map shall set forth, accurately delineated, all the town sections numbered consecutively, so far as laid out, showing the sections to be submitted for sale, and the public reserves in connection with them.
27. Town sections may be put up to auction, either

Town sections how to be put up

by order of the Superintendent, or upon the application of some person who shall, at the time of making such application, deposit ten per cent, of the upset price with the Treasurer of the Waste Lands Board. Such deposit shall, if no advance on the upset price be made, be considered as the deposit upon the sale at such public auction.
page 10

Deposit money to be returned in certain cases

28. If any section shall be purchased by other than the original applicant, the deposit money shall be forthwith returned on demand.

List of sections applied for to be published

29. Ten days at least before any such auction sale a list of all the sections about to be offered for sale shall be published in the Government Gazette and one or more newspapers of the Province.

Sale to be held in open court

30. Every auction sale of land shall be held by the Commissioners in open court, as hereinbefore provided.

Highest bidder to pay deposit

31. The person who shall be declared the highest bidder at such auction shall immediately pay a deposit of ten per cent, of the purchase money to the Treasurer, and in default thereof, the section shall be again immediately put up to auction.

Purchase money, payment of

32. The remainder of the purchase money shall be paid to the Treasurer in full, within one week after the day of sale; and, in default thereof, the purchaser shall forfeit his deposit money, and also all right or title to the land; and the section may be sold to any person applying for the same for the price at which it was knocked down at the auction; and, if not so sold, the section may be again put up to auction at any future sale.

This clause was repealed by "The Waste Lands Regulations Amendment Ordinance 1858" and the following clause substituted for it

33. Immediately on payment of the purchase money in full, the purchaser shall receive from the Commissioners a "License to occupy," in the form set forth in the Schedule A, hereto annexed, which he shall return again to the Commissioners when he shall receive the Crown grant of the land. Such "License to Occupy" shall be transferable by endorsement, in the form set forth in the Schedule.

License to occupy

33. Upon payment of the purchase money in full, the purchaser shall receive from the Commissioners a "License to Occupy" in the form set forth in Schedule A to the Waste Lands Regulations, and page 11 such License shall be restored to the Commissioners upon receipt of a Crown grant of the land purchased.

1 Township sites when not sold, or, which having been sold, have been re-conveyed to the Crown, or to the Superintendent, may be reserved for educational or other purposes of public utility. (See "Canterbury Waste Lands Act 1869," Appendix No. VI., hereto.)