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The Pamphlet Collection of Sir Robert Stout: Volume 71

General Provisions

General Provisions.

Age of Selectors.—Seventeen years is the age at which any person can legally become the selector of land under the Act.

Any person who has forfeited the right to hold land selected by him, by reason of a wilful breach of any of the conditions, is disqualified from making a new selection within a period not exceeding two years without the sanction of the Board.

No married woman can become a licensee or lessee unless she has obtained a judicial order of separation or protection. But this does not apply to a married woman who becomes a licensee or lessee by virtue of a will or of intestacy. A married woman may, however, become the owner of 320 acres of first-class land, or 1,000 acres of second-class land, under the Act, irrespective of any land her husband may acquire or hold.

The interest of a lessee or licensee in land held on any tenure is absolutely secured to him for the first twelve months of possession, and cannot be sold, assigned, transferred, mortgaged, or seized for debt during that period.

Transfers.—After the first twelve months of possession or occupation, the occupation of the land comprised in any lease or license may, with the sanction of the Land Board, and not otherwise, be transferred by sale, under-lease, mortgage, or other disposition.

The transferee or purchaser of a lease or license under any power of sale vested in a mortgagee, or assignee, or trustee in bankruptcy, cannot be admitted into possession until he has made a statutory declaration to the same effect as the original lessee or licensee.

Mortgages.—The law protects the licensee or lessee by page 17 insisting on certain conditions being "implied" in every mortgage. Thus,—
1.No power of sale can accrue until after the expiration of one month in default;
2.Every sale on default must be by public auction;
3.Every sale must be advertised in the districts;
4.No sale can take place earlier than fourteen days after the first publication of the advertisements;
5.At any time before the actual sale the mortgagor may recover his property by paying the principal and interest, together with the cost of advertising, and a sum not exceeding 1¼ per cent. on the money actually advanced for charges and expenses.

The transferee or purchaser will be liable to the same obligations and conditions as the original selector.

Leases and licenses will be liable to forfeiture if any of the conditions remain unfulfilled for sixty days.