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The Pamphlet Collection of Sir Robert Stout: Volume 44

Part III. Land on Deferred Payments

page 109

Part III. Land on Deferred Payments.

53. The Governor, by Proclamation in the Gazette, may

Power to set aside lands to be sold on deferred payment.

from time to time set apart out of any suburban or rural lands such blocks or allotments of land as he shall think fit, and set the same aside for sale on deferred payments, and in such Proclamation may fix a day on which the land shall be open for application. And he may also in like manner set apart for sale on deferred payments such blocks or allotments as may be recommended by any Land Board, and may also from time to time alter, amend, or revoke any such Proclamation.
54. All applications for land on deferred payments shall

Form of applications.

be made in conformity with the provisions of section twenty-seven of this Act.
Where more applications than one are made on the same

If several applicants, land to go to auction.

day for the same land, the land applied for shall be put up at public auction, and the bidding at such auction shall be limited to the applicants.
55. Every selector shall, at the time of making application

Deposits to be made on application.

for the land, deposit with the Receiver of Land Revenue in the case of suburban land, an amount equal to one-tenth of the price of the land; in the case of rural land an amount equal to one-twentieth of the price of the land; and the deposit of every selector shall be absolutely forfeited if he neglect or refuse to take up his license.
In the event of the land applied for being put up at

Further deposit of proportion of auction price.

auction, the person who is declared the purchaser of the land shall forthwith pay to the Receiver of Land Revenue, in addition to the sum he has deposited, an amount equal to the one-tenth or one-twentieth, according to the class of the land, of the increased price obtained for the land at auction over the upset price thereof.
56. In order to prevent the same person obtaining more

Alphabetical register of selectors.

than one allotment of land on deferred payments, the Board shall keep a register of the names and descriptions of all selectors, showing the extent of the land selected by each person; and such register shall be kept in alphabetical order.
57. No person shall be entitled to select land in more

Maximum of land to be selected.

than one class. The maximum area of land to be held page 110 hereunder by any one selector shall not exceed in the whole—

(1.) Of suburban or rural land, one allotment:—

(2.) No allotment of suburban land shall exceed twenty acres, or of rural land three hundred and twenty acres.

One-half of price to be added.

58. In any land district the price per acre to be paid for land taken up by any selector shall be—
  • Where land is open for selection and sale for cash, then such cash price and one-half thereof added thereto; or,
  • Where land is required to be put up at auction, then the highest price bid for the land at such auction; and the land in such cases is to be put to auction at the upset price and one-half thereof added thereto.

One-third of price of any block of land so disposed of shall be handed over to County Council or Road Board.

59. One-third of the price of any block of land disposed of under this part of this Act shall be handed over to the County Council or Road Board of the district within which such land is situated, to be expended in the construction of roads within, or to open up, the block for the benefit of the selectors. And the payments made by the selectors shall from time to time, until the amount of such one-third be reached, be paid over to such County Council or road Board, as the case may be. The plans of proposed roads shall in all eases receive the sanction of the Waste Land Boards of the district.

Who may be selectors. No re-selection.

60. Any person of the age of eighteen years and upwards may become a selector hereunder; but no selector having assigned his interest hereunder, and no person who has forfeited the right to hold the land selected by him by reason of the fraudulent breach of any of the conditions of his license, and no person who shall at any time have acquired a freehold under the deferred-payment system, shall be allowed at any time to make a new selection under this Act.

Disqualifications.

61. No owner of a pre-emptive right, no person being the owner in fee of six hundred and forty acres of land in all, no married woman not having obtained a decree of judicial separation or a protection order, no person who at the time of making his application has made any arrangement or agreement to permit any other person to acquire by purchase or otherwise the allotment in respect of which his application is made, or which he has bought at auction, page 111 or any part thereof, or the applicant's interest therein, shall become a selector hereunder.
62. Every selector, before making his selection, shall

Statutory declaration to be made of bonâ fide application.

make and produce a statutory declaration to the following effect:—