38. All lands of the Crown shall be divided into three classes as follows, namely,—

• (1.) Town land—being the sites heretofore reserved or which shall be hereafter reserved for towns and villages:
• (2.) Suburban land—being land in the vicinity of any town lands:
• (3.) Rural land—being lands not reserved for towns or villages or other public purposes.

39. It shall be lawful for the Board, subject to the approval of the Governor, at any time and from time to page 105 time to declare, by notice in the Gazette, that any land not already classified shall belong to either of the said classes, and also that any land shall cease to belong to either of such classes: Provided that no land which has been declared to be town or suburban land shall cease to belong to such classes respectively without the consent previously obtained of the Governor in Council.

40. All sections shall, as far as the features of the country will admit, be of a rectangular form, and when fronting a road, river, lake, or the seacoast, be of a depth not less than twice the length of the frontage; but, where land is open for selection before survey, no application shall be received for any rural land, unless bounded by other frontage lines or by private lands, of a less depth than forty chains from a frontage line; and all surveys shall be conducted in such manner as the Governor by regulations to be made in that behalf shall direct.