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The Pamphlet Collection of Sir Robert Stout: Volume 71

Village Homestead Settlement Lands. — Terms and Conditions of Lease

Village Homestead Settlement Lands.

Terms and Conditions of Lease.

1. The: lands to be dealt with under these conditions are first-class lauda and are divided into village-homestead allotments, open for selection on lease in perpetuity, under the provisions of "The Land Act, 1892" (here inafter referred to as "the said Act"), and "The Cheviot Estate Disposition Art, 1893."

2. The day on which the lands shall be open for selection shall be Monday, the thirteenth day of November, one thousand eight hundred and ninety-three.

3. The rental stated opposite the description of each allotment of land shall be the price at which such land shall be open for selection.

4. Every applicant shall make the declaration prescribed, and shall, immediately after the application has been approved, pay a sum equal to one half-year's rent of the land applied for. Such payment shall be in discharge of the half-year's rent due on the 1st day of January or July following. He shall also pay the sum of £1 1s. for the preparation of the lease and the registration thereof.

5. When applications are made on the same day for the same land, or part of the same land, then the order of selection shall be decided by ballot.

page 24

6. Each applicant shall state his or her residence, occupation, [unclear: and] condition in life (namely, whether warned or single), and shall make [unclear: the] declaration prescribed.

7. Each applicant shall also undertake to pay the first half-[unclear: year] rent, together with the lease and registration fee of £1 1s., [unclear: immediately] upon being declared the successful applicant.

8. All rents must be paid half-yearly, in advance, on the first days [unclear: of] January and July in each year; and the first half-year's rent, payable [unclear: at] before provided, shall be in satisfaction of the rent due on the 1st day January or the 1st day [unclear: of] July following the date of application.

9. The lessee must reside on the land selected within one year [unclear: from] the date of selection, and thereafter such residence shall be [unclear: continuos] for a period of ten years. The Land Board may dispense with [unclear: residend] if the lessee reside and continue to reside on [unclear: lands] contiguous to the land held under lease.

10. The lessee shall put on the land comprised in his lease [unclear: substantion] improvements as under:—
(a.)Within one year from the date of his lease to a value [unclear: equal] 2½ per cent. of the price of the land;
(b.)Within two years from the date of his lease to a value [unclear: equal] another 2½ per cent. of the price of the land;
(c.)And within six years from the date of his lease, to a [unclear: value] equal to another 2½ per cent. of the price of the land;
and in addition thereto shall, within six years from the date of his [unclear: lease] put substantial improvements of a permanent character to the [unclear: value] £1 for every acre of first-class land, and 10s. per acre on second-[unclear: class] land.

Improvements existing on the land at the time of lease shall deemed to be improvements made under this clause.

Substantial improvements of a permanent character mean and [unclear: included] reclamation from swamps, clearing of gorse, broom, sweetbriar, or [unclear: scr] cultivation, planting gardens, fencing, draining, making roads, [unclear: sinking] wells or water-tanks, constructing water-races, sheep-dips, [unclear: making] embankments or protective works of any kind, or in any way [unclear: in] proving the character or fertility of the soil, and include the [unclear: erection] any building.

11. The lessee must once a year properly cut and trim all live [unclear: fermed] now on the land, or which may be planted upon the land during the [unclear: ten] and stub all gorse not growing as fences, and also stub all broom, [unclear: sweet] briar, and other noxious plants.

12. The lessee must take alternately white-and root-crops; [unclear: and] the removal of the third crop the land must be sown down with [unclear: great] permanent cultivated grasses and clovers, and be allowed to [unclear: remain] pasture for at least two years from the harvesting of last crop, [unclear: before] being again cropped.

13. The lessee must not cut the cultivated grass for hay [unclear: or] the first year of the course.

14. At all times during the lease the land must be so farmed [unclear: that] than one-third of the farm be maintained in permanent pasture. [unclear: He] these conditions as to cropping shall not apply to sections of five [unclear: acres] under.

15. The lessee must not burn any straw grown upon the land.

16. The lessee must once a year properly clean, clear from [unclear: weeds,] page 25 keep open all creeks, drains, ditches, and watercourses which now are or may be upon the land, and the Land Board shall have the power at any time to enter upon and make any drain through the land that it may deem necessary.

17. In the event of the lessee failing to comply with any of the covenants hereinbefore mentioned relating to the trimming of live fences and stubbing gorse, broom, and sweetbriar, and to the cleaning clearing from weeds, and keeping open all creeks, drains, ditches, and watercourses, it shall be lawful for the Commissioner of Crown Lands to have such work done, and to recover the cost of the same from the lessee.

18. All buildings erected upon the land shall be kept in good order and repair.

19. The lessee shall be liable for all rates, taxes, and assessments during the term.

20. No lessee shall subdivide, sublet, or transfer the land held by him under these regulations, except under and subject to the provisions of Part 1. of the said Act.

21. No lessee shall hold more than one allotment, and such allotment shall he held for his sole use and benefit, and not for the use or benefit of any other person whomsoever.

22. All the provisions of the said Act, so far as applicable, shall extend and apply to the lands affected by these regulations, and to the applications and leases to be made and issued thereunder, and generally to the interests created, and the persons whose rights, liabilities, or interests are thereby affected; and the mention of any particular provision of the said Act shall not be deemed to exclude any other provision of the said Act applicable to the particular case.

Declaration on applying for a Village. Homestead Lease under uThe Land Act, 1892," and "The Cheviot Estate Disposition Act, 1893."

I, A.B., do solemnly and sincerely declare,—
1.That I am of the age of seventeen years and upwards.
2.That I am the person who, subject to the provisions of "The Land Act, 1892," am applying for a lease of land forming part of the Cheviot Estate.
3.That I am acquiring such lease solely for my own use and benefit, and not directly or indirectly for the use or benefit of any other person or persons whomsoever,
4.That including the lands now applied for, I am not the owner, tenant, or occupier, directly or indirectly, either by myself or jointly with any other person or persons, of any lands anywhere in the colony exceeding in the whole 640 acres (in case of a married woman, 320 acres) of first-class land.

And I make this solemn declaration conscientiously believing the same to be true, and by virtue of an Act of the General Assembly of New Zealand, intituled "The Justices of the Peace Act, 1882."

Declared at____, this____day of____, 18____, before me,—


A Justice of the Peace in and for the Colony of New Zealand.

[For a description of each section see pages 42 to 45.]