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The Pamphlet Collection of Sir Robert Stout: Volume 44

Appendix E. — The Land District of Nelson

Appendix E.

The Land District of Nelson.

Be It Enacted that within the Land District of Nelson—

1. Notwithstanding anything contained in section one

Area of sections of rural lands may be changed.

hundred and twenty-one of this Act, all rural lands whether within or without mining districts shall be open for sale or lease by application to the Board, to be made in manner to be from time to time determined by the Board, and such lands shall be divided into sections, subject to the provisions of this Act, and be of such size as the Board may from time to time determine, and any section may at any time previous to advertising for sale be altered or subdivided by the Board; but no alteration shall take place between the time of advertising the same for sale and the time of its being offered for sale by auction.
2. All sales of rural land, except as it is otherwise

Rural lands to be sold by auction. Upset price.

hereinafter provided, shall be by auction.

3. The upset price of rural land shall be from ten shillings to forty shillings per acre, as may be fixed by the Board.

4. No land shall be sold unless the same shall have

Land to be surveyed before sale.

been previously surveyed and distinguished by appropriate numbers upon a plan to be deposited and exhibited in the Principal Land Office.
5. It shall be lawful for the Board to allow any

Applicant may survey land at his own cost.

applicant for the purchase of unsurveyed land to have such land surveyed at his own expense by a surveyor authorized by the Surveyor-General in that behalf. The land may then, unless reserved or withdrawn from sale, be put up to auction, and an allowance made to the purchaser for the expense of the survey at the rate of five acres for every hundred acres. Should the land be reserved or withdrawn from sale, the applicant shall be paid the cost of the page 158 survey, such cost to be ascertained and limited as provided in the section next hereinafter contained.

Cost to be re-funded if applicant not purchaser.

6. If the land so surveyed be purchased by any other person than the original applicant, the purchaser shall, in addition to the amount bid for the same at the sale, pay to the Receiver of Land Revenue, to be paid by him to the original applicant as the cost of the survey, such sum not exceeding one shilling and sixpence per acre as may be assessed by the Board; and, if the land so surveyed be not sold at auction the Board shall add a sum limited and assessed as aforesaid to the upset price of the land, and such sum shall be paid to the original applicant if and when such land is sold.

Land open for selection on application.

7. Rural land not open for sale under any of the preceding provisions may be purchased in such sections as the applicants may describe and point out, subject to the provisions of this Act, at the maximum price of two pounds per acre: Provided that whenever land so purchased is beyond the limits of the surveys already executed or about to be immediately executed, the expense of the survey thereof shall be borne by the purchaser, who shall deposit the estimated cost with the purchase-money.

8. Any applicant for a lease of Crown land may in his application request the Board to assess the land at its value to sell, in accordance with such regulations as may at the time be in force for the sale of Crown lands in the provincial district, and, in the event of such application for a lease being acceded to, shall be entitled to a lease thereof for a term of fourteen years at an annual rental of ten pounds per centum on such assessed value for sale, payable in advance; and on the due and punctual payment of such rent for the term of fourteen years, and upon the due performance and observance of the covenants contained or implied in such lease, be shall be entitled to a Crown grant of such land: Provided always that no greater quantity of land than three hundred and twenty acres shall be so leased to any one person: Provided also that the minimum price of such land shall not be less than ten shillings per acre.

9. It shall be lawful for the lessee of any lands assessed under the last preceding section, and at the rental therein mentioned, to purchase the fee-simple of the land comprised in such lease at any time before the expiration page 159 thereof, upon paying in one sum the balance of the total amount of the fourteen years' rental reserved in and by such lease.

10. It shall be lawful for the Board to grant to any person an occupation license for pastoral purposes of any Crown lands, of such area and subject to such payment by the licensee and upon such other terms as may be agreed upon by and between the Board and the licensee: Provided that any such license shall cease and be determined at any time, in respect of the whole or any portion of the land over which it may have been granted, in the event of the whole or such portion of the said land being reserved, leased, or sold by the Board, and that without any notice to that effect being necessary to be given to any such licensee.

11. Notwithstanding anything to the contrary contained in this Act, whenever any lands shall be reserved for a town or village and be open for sale as town lands, if any of such lands so reserved shall have been within a proclaimed gold field, and at the time of the withdrawal of the same from such gold field such reservation or opening of such land for sale shall have, for a period of two years preceding, been occupied under business license or other lawful authority as a residence or business site, or shall have been so occupied for any less period than two years, and a building of the value of fifty pounds at least have been erected on such land by the occupier or some person through whom be claims, then the Board may, if they shall think fit, sell such land to such occupier, without putting up the same to auction, at such price as shall be fixed by the Board, not being less than at the rate of ten pounds for forty perches of land.