VII. Rural Land.
34. All lands not included in any of the foregoing
Regulations shall be open for sale as rural land, at a uniform price of forty shillings per acre.
35. No section of Rural Land shall be sold containing
less than twenty acres: Provided that any section so limited by frontage lines or private lands as to contain less than twenty acres may be sold by auction at the upset price of forty shillings per acre; the time and place of sale, and the mode of sale and payment of purchase money to be as nearly as may be in accordance with the Regulations herein contained, applicable to the sale of Town Land
This clause was repealed by "The Waste Lands Regulations Amendment Ordinance 1857" and the following clause substituted for it
35. Save as hereinafter provided, no section of
Sections of less than twenty acres, how to be sold
Rural Land shall be sold containing less than twenty acres; but any section so limited by frontage lines or private lands as to contain less than twenty acres may be sold by auction at the upset price of forty shillings per acre; the time and place of sale and the mode of sale and payment of purchase money to be as nearly as may be in accordance with the Regulations herein contained applicable to the sale of Town Land 1
: Provided, nevertheless, that if any section so limited shall be included in a Pasturage License with Pre-emptive Right, the holder of such License shall be entitled to exercise such Pre-emptive Right under these Regulations, upon payment of the sum of Forty Pounds for such section.
36 Every section of Rural Land shall be in one
block, and, except as hereinafter provided, of a rec-
1 The "Canterbury Waste Lands Act 1873," provides that "an function shall be held once in three months, by order of the Superintendent, it which all sections of land containing less than twenty acres of land, not having been already exposed for sale by auction, shall be put up at an upset price of forty shillings per acre, and if not then sold such section shall thereupon be open for sale on application at a uniform price of forty shillings per acre: Provided always that nothing herein contained shall prevent prior application for and the sale of any such land under and in pursuance of clause thirty-five of the said regulations." (Sec Appendix No. X. hereto.)
tangular form, and, if bounded by a frontage line, shall be of a depth of half-a-mile (or forty chains) from such frontage.* 1
Exceptional form of sections
37. Where, from the frontage not being a straight line, or from the interference of other frontage lines, natural features, or the boundaries of private lands, the above rules in respect of form cannot be accurately observed, the form of the section shall be determined as nearly in accordance with these rules as, in the judgment of the Board, circumstances will admit.
Exceptional form of sections
38. In sections of land not adjacent to or bounded by a frontage line, all the sides may be equal; but one side may not be less than one third of the other, and such section shall not be less than half a mile distant from a frontage line.
Section may be selected of a certain form adjacent to another
39. Any person possessing a section of land may at any time select another adjacent thereto, of such form that the two together, being considered as one section, shall be in the form required for a single section under the foregoing rules.
On payment of purchase money, land to be laid off by Surveyor
40. Immediately on the payment of the purchase money, the purchaser shall receive from the Commissioners a "License to Occupy" in the form set forth in the Schedule B hereunto annexed; and as soon thereafter as conveniently may be, the land shall be laid off by a Government Surveyor as nearly
1 Frontage lines, for the purpose of selecting any rural lands, shall be taken to mean any road, river, or public reserve which may from time to time be set forth or indicated on any of the authenticated maps in the Survey Office of the Province, or any such stream, watercourse, or natural feature of the country as the Waste Lands Board shall determine necessary or expedient to be a frontage line. (See "Canterbury Waste Lauds Act 1873," Appendix No. X. hereto.)
in accordance with the description given by the purchaser in his application as these Regulations will admit: Provided that whenever the lands selected lie without the surveyed districts, the expense of the survey, and of connecting such survey, with the existing surveys, shall be borne by the purchaser, who shall at the time of purchase deposit the amount of the estimated cost of such surveys with the Treasurer of the Waste Lands Board, which shall be made as soon as practicable by order of the Chief Surveyor: Provided always that should any section when surveyed prove to differ in any respect from that intended by the purchaser, the Government will not be responsible for any loss or inconvenience which the purchaser may experience, nor will the purchase money be returned: Provided also that if the Surveyor shall find that the whole extent of land in the selected locality falls short of the quantity paid for by the purchaser, the Treasurer shall repay so much of the purchase money as exceeds the price of the land to be conveyed. 1
The "License to Occupy" shall, in any case, be amended by the Commissioners in accordance with the report of the Surveyor, and the Crown Grant shall be made out in accordance therewith; and the "License" shall be returned to the Commissioners when the Crown Grant shall be issued.
41. Any person making a ditch and bank fence to
Fencing land adjoining Waste Land
lands adjoining Waste Lands of the Crown, may take out of such Waste Lands half the land required for the ditch and bank: Provided that no ditch or bank shall be more than six feet in width.
1 The "Canterbury Waste Lands Act 1869" provides that all acreage found on survey to be in excess of the quantity applied for by the purchaser, but included within the boundaries given, shall be paid for, or, in case of refusal, the cost of re-survey of the section shall be borne by the purchaser. (See Appendix No. V. hereto.)
* A frontage line shall be taken to mean the boundary of a road, river, or public reserve, or any stream or watercourse which shall have been declared by notification in the Government 'Gazette' to constitute a frontage for the purpose of selection.