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The Pamphlet Collection of Sir Robert Stout: Volume 44

Appendix A. — The Land District of Auckland

page 149

Appendix A.

The Land District of Auckland.

Be It Enacted that within the Land District of Auckland—

1. All rural lands shall be divided according to quality

Classification of rural lands.

into classes as follows:—
(1.)Eirst class land.
(2.)Second-class land.
(3.)Third-class land.

And such classification shall be made by such persons, and according to such regulations and conditions, as the Board shall direct and appoint: Provided that no land which has been declared to be first or second class land shall cease to belong to such classes respectively without the consent previously obtained of the Governor in Council.

2. It shall be lawful for the Board, with the assent of

Land set apart for homesteads without payment.

the Governor, to set apart blocks of land to be opened for occupation without payment, but subject to the conditions as to cultivation and residence hereinafter set forth, herein called the "homestead system."
3. The Board shall give public notification of all blocks

Conditions of occupation.

of land that from time to time may be declared open for selection on the homestead system, and shall also publicly notify the following conditions, which shall apply to all selections under the aforesaid homestead system:—
(1.)The area allowed to be selected by each person of the age of eighteen years or upward shall be of first-class lands fifty acres, or of second-class lands seventy-five acres; and for persons under eighteen years of age, of first-class lands twenty acres, or of second-class lands thirty acres: Provided that the total quantity to be selected by any one family or number of persons occupying the one household shall not exceed two hundred acres of first-class or three hundred acres of second-class lands.page 150
(2.)Within three months after the selection has been approved by the Board, the selector shall commence to reside on his selection, and shall continue to reside continuously thereon for five years from the date of such approval as aforesaid.
(3.)Within eighteen months after such approval, the selector shall erect on his selection a permanent dwelling-house of wood or other materials, which shall be specified in regulations to be issued in reference to homestead-system selections.
(4.)In each year there shall be brought under cultivation one-fifteenth of the area of such selection if open land, and one twenty-fifth if bush land, so that at the end of the term of five years one-third of the selection of open land, or one-fifth if bush land, shall be under cultivation.
(5.)Non-performance of any of the foregoing stipulations shall render the selection void, and the right of the selector therein and to all improvements thereon shall be forfeited.
(6.)At the end of the sand period of five years, a grant or grants shall issue for the land selected: Provided the selector shall not have forfeited his right thereto in manner aforesaid.

First and second class lands to be sold by auction.

4. Subject to the two last foregoing provisions all rural lands of the first and second class within any block declared open (exclusive of reserves) shall be set apart for sale for cash at auction, and the minimum prices per acre for first and second class lands shall be fifteen shillings and ten shillings respectively.

Third class lands may be sold or leased by auction, subject to conditions.

5. Third-class rural lands shall be offered for sale or lease by auction in such areas as shall from time to time be approved by the Board, subject to the following conditions:—
(1.)The minimum price not being less than five shillings per acre in case of sale, and the minimum rental per acre in case of lease shall be such as shall from time to time be fixed for each such area by the Board.
(2.)In the case of leases, there shall be reserved to Her Majesty all minerals and mineral rights within every such area, and full and complete powers to enable such rights to be exercised and enjoyed.page 151
(3.)Reserves may be made of all or any portion of the timber or forest land within such area; but liberty may be given to the purchaser or lessee to cut down and remove such portions of timber or forest as may be required for improvements or domestic use upon the area so sold or leased.
(4.)No lease shall be for a longer term than twenty-one years: Provided that every such lease shall contain a proviso authorizing the Board to resume any portion of the lands comprised therein which may be required for the purposes of occupation or settlement: Provided also that no one lease of land shall comprise an area of more than ten thousand acres.
6. The ratepayers and resident occupiers of land within

Resident occupiers in highway districts may graze cattle or. Crown lands.

any highway district shall be entitled to depasture on the Crown Lands within such district such number and description of great cattle in proportion to their several holdings as the Trustees for such district shall prescribe, on payment to the Trustees of such annual fee, not less than two shillings and sixpence per head of such cattle over six months old, as the Trustees shall fix; and all fees received under this section shall be applied to local improvements within the district.
7. Any person, not being a ratepayer or an occupier of

Non-residents and others running cattle liable for trespass.

land, who shall depasture or permit to depasture any cattle upon Crown lands within any highway district, or who, being a ratepayer or an occupier, shall depasture or permit to depasture any cattle prohibited by the Trustees, or a greater number than prescribed, or without payment of the fees fixed, shall be liable to have such cattle impounded as for a trespass.
8. Notwithstanding anything in the provisions of this

Special land orders validation.

Act contained, it shall be lawful for the bonâ fide holders of any land orders or land scrip issued by Harry Warner Farnall in the United Kingdom during the time be held the appointment of Emigration Agent in the said Kingdom for the province of Auckland, to tender any such land orders or land scrip in payment for Crown lands in the land district of Auckland, purchased under the provisions of this Act, and such land orders or land scrip shall be accepted at the rate of ten shillings for each acre which they purport to entitle the holders thereof to select.
page 152

Lands formerly purchased by Superintendent to be Crown lands.

9. All lands heretofore acquired or held by the Superintendent for the use of the provincial district under an absolute conveyance, shall be deemed and taken to be Crown lands, and shall be dealt with in manner provided by this Act.