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The Pamphlet Collection of Sir Robert Stout: Volume 76

First-and Second-Class Agricultural Land

First-and Second-Class Agricultural Land.

1. Part of the lands included in the Starborough Settlement [unclear: and] divided into sections, which are open for selection on lease in [unclear: perpetuity], under the provisions of "The Land Act, 1892," "[unclear: The] Land for Settlements Act, 1894," and "The Land for [unclear: Settlement] Act Amendment Act, 1896" (herein referred to as "the [unclear: amending] Act").

2. The lease shall be for a term of 999 years, to be [unclear: reckons] from the next 1st day of January or July following the date of [unclear: the] lease, and shall in addition include the broken period between [unclear: the] date of the lease and such day.

3. The half-yearly rentals stated in the Schedule on pages 7 [unclear: and] shall be the price at which the land shall be open for [unclear: selection] and shall be payable in advance to the Receiver of Land [unclear: Revenue] on the 1st day of January and 1st day of July in each year, [unclear: the] first half-year's rent being due on the 1st day of January or [unclear: July] first following the date of the lease, and being payable out of [unclear: the] hereinafter-mentioned deposit.

4. The lease shall be dated as on the day whereon the [unclear: Land] Board declares that the applicant has succeeded in obtaining [unclear: the] allotment.

5. Applications for leases shall be in the form or to the [unclear: effects]

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Section 4, Block XL, Clifford Bay, looking S.W.

Section 4, Block XL, Clifford Bay, looking S.W.

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forth in the Regulations under "The Land for Settlements Act Amendment Act, 1896," and every applicant shall make the declaration therein set forth, or to that effect.

6. Applications shall be addressed to the Commissioner of Crown Lands, Blenheim.

7. The day on which the lands shall be first opened for selection shall be Monday, the 13th day of March, one thousand eight hundred and ninety-nine.

8. Every applicant shall, to the best of his ability, answer the questions set forth in his application, and such other questions relating to his means and ability to work the land and fulfil the conditions of the lease as the Land Board may see fit to ask. Failure to answer any such question to the satisfaction of the Land Board will entail the rejection of the application.

9. No application will be considered unless it is accompanied by a deposit consisting of an amount equal to the rent for the first half-year of the term, together with the sum of one guinea to defray the cost of the lease, and, if the application is in respect to land on which buildings are situate, the amount of the first half-yearly instalment in respect of the value thereof and interest thereon, or, as the case may be, of the interest alone, as hereinafter provided in clause 27 of these conditions.

10. An application may be for more allotments than one, but no person shall be allowed to acquire or to hold more than one allotment.

11. If any application comprises more allotments than one, it shall be sufficient if the prescribed deposit is duly made in respect of the allotment applied for whose deposit is the largest.

12. If the applicant is successful in obtaining an allotment, his deposit, or a sufficient part thereof, shall be retained and applied in payment of the items hereinbefore referred to in respect of such allotment, and the residue, if any, shall be returned to him.

13. No person shall be capable of applying for or holding any allotment in any of the following cases, that is to say:—
(1.)If at the date of his application he is directly or indirectly, either by himself or jointly with any other person or persons, the owner, tenant, or occupier of any land whatsoever under the Land for Settlements Acts, or the owner in fee-simple, or the tenant or occupier under a lease for a term whereof not less than two years are unexpired, of any other land in the colony which, with the allotment applied for, would exceed an area of 1,000 acres; or
(2.)If at such date he is the owner of real or personal property the total value whereof, after deducting the encumbrances thereon, exceeds the following proportion of the capital value (exclusive of buildings) of the allotment applied for, that is to say,—
(a.)Three times such capital value where the area of such allotment does not exceed 100 acres;page 18
(b.)Twice such capital value where such area [unclear: exced] 100 and does not exceed 500 acres;
(c.)One and a half times such value when [unclear: sea] area exceeds 500 acres.

14. When more applications than one are made on the same [unclear: a] for the same land, the right to occupy the land shall, if such [unclear: apply] cations are accepted by the Land Board, be decided by [unclear: ballot] accordance with the regulations under "The Land Act, 1892."

15. Subject to the provisions of "The Land Act, 1892," to relaxing or dispensing with the conditions relating to [unclear: resident] the lessee shall reside on the land within one year from the [unclear: date] the lease, and thereafter such residence shall be continuous for [unclear: the] period of ten years.

16. The lessee shall put on the land comprised in his [unclear: lease] substantial improvements as under, that is to say:—
(1.)Within one year from the date of his lease, to a value [unclear: equal] to 2½ per cent, of the aforesaid capital value of the [unclear: land].
(2.)Within two years from the date of his lease, to a value [unclear: equal] to another 2½ per cent, of the aforesaid capital value the land;
(3.)And thereafter, but within six years from the date of [unclear: the] lease, to a value equal to another per cent, of the [unclear: afore] said capital value of the land;
and in addition thereto he shall, within six years from the date his lease, put on the land substantial improvements of a [unclear: permanent] character within the meaning of section 3 of "The Land Act, [unclear: 1892] to the value of £1 for every acre of agricultural land (first-[unclear: class] and 10s. for every acre of mixed agricultural and [unclear: pastoral] (second-class). For the purposes of this clause the Land [unclear: Bo] shall determine and specify in the lease what proportion of [unclear: the] land comprised therein is agricultural and what proportion is [unclear: mixed] agricultural and pastoral land.

17. For the purpose of determining whether the lessee [unclear: has] upon the land substantial improvements to the value and [unclear: with] the time prescribed by these conditions (but for no other [unclear: purpose] there shall be included the value of all substantial [unclear: improvement] existing on the land at the date of the lease, and also all [unclear: capital] sums paid by the lessee in respect of the value of the [unclear: building] under clause 27 of these conditions, nevertheless to the [unclear: extended] only of the actual value of such of the said improvements and [unclear: bu] ings as are subsisting at the time when their value is [unclear: included] aforesaid.

18. Substantial improvements of a permanent character [unclear: me] and include reclamation from swamps, clearing of forest, gorse, [unclear: brooq] sweetbriar, or scrub, cultivation, planting, gardens, fencing, [unclear: dre] ing, making roads, sinking wells or water-tanks, constructing [unclear: water] races, sheep-dips, making embankments or protective works of [unclear: a] kind, or in any way improving the character or fertility of the [unclear: s] and include the erection of any non-movable building.

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Lagoon, Section 4, Block Xl., Clifford Bay.

Lagoon, Section 4, Block Xl., Clifford Bay.

page 19

19. The lessee shall, within two years from the date of his lease, have the land fenced with a ring-fence; and such fence shall be a sufficient fence within the meaning of "The Fencing Act, 1895."

20. The lessee shall once a year throughout the term of his lease, and at the proper season of the year, properly cut and trim all live fences on the laud at the date of the lease, or subsequently planted thereon, and stub all gorse not growing as fences, and also stub all broom and sweetbriar and other noxious plants.

21. The lessee shall not take more than three crops, one of which must be a root-crop, from the same land in succession; and either with or immediately after a third crop of any kind he shall sow the land down with good permanent cultivated grasses and clovers, and allow the land to remain as pasture for at least three years from the harvesting of the last crop before being again cropped.

22. The lessee shall at all times during the term of the lease so farm the land, if the area of the whole exceeds 20 acres, as that not less than one-half of the total area shall be maintained in permanent pasture.

23. The lessee shall not cut the cultivated grass or clovers for hay or seed during the first year from the time of sowing as aforesaid, nor shall he at any time remove from the land or burn any straw grown upon the land.

24. The lessee shall once a year during the term of his lease properly clean and clear from weeds, and shall at all times during the said term keep open, all creeks, drains, ditches, and watercourses upon the land; and the Commissioner of Crown Lauds (hereinafter called "the Commissioner") or any Crown Lands Ranger of the land district shall have the power at any time to enter upon and make through the land any drain that he deems necessary, without payment of any compensation to the lessee.

25. In the event of any lessee at any time failing to comply with any of the conditions hereinbefore mentioned relating to the trimming of live fences, and stubbing gorse, broom, and sweetbriar or other noxious weeds, and to the cleaning, clearing from weeds, and keeping open all creeks, drains, ditches, and watercourses, it shall be lawful for the Commissioner to have such work done, and to recover the cost of the same from the lessee in the same manner as rent.

26. The lessee shall pay all rates, taxes, and assessments levied on or payable in respect of the land during the term of his lease.

27. In the case of land with buildings thereon which have been valued separately, in pursuance of section 7 of the amending Act, the following special provisions shall apply:—
(1.)The ascertained value of the buildings shall be set forth in the sale-plan and in the deed of lease, and the amount so set forth shall be final and conclusive evidence of such value.
(2.)Subject to the provisions for postponement contained in subsection (3) of section 7 of the amending Act, the amount so page 20 set forth, together with interest thereon at the rate of 5 per cent, per annum, computed from the first day of January or July next following the date of the lease, shall be paid by the lessee by equal half-yearly instalments it advance, extending over such period, being not less that seven nor more than twenty-one years, as, with the approval of the Minister, the Land Board thinks fit to determine: Provided that during such postponement (if any) the interest alone shall be payable by half-yearn instalment in advance.
(3.)Such instalments shall be payable in the manner and on the dates hereinbefore appointed for the payment of rent: Provided that the lessee may at any time pay the whole or any less number of the then future instalments under a duly proportionate rebate of interest.
(4.)The amount of such instalments (where they consist of combined principal and interest, and not of interest alone shall be calculated according to the table shown in the Second Schedule to the Regulations under "The Land; for Settlement Act Amendment Act, 1896," which shall be deemed to be final and conclusive.
(5.)So long as any such instalment remains unpaid, the lessee shall, at his own cost in all things, insure the buildings, and keep them insured, in the name of Her Majesty, in at amount equal to the full insurable value thereof, in some reputable insurance office, to be first approved by the Commissioner.
(6.)The lessee shall deposit with the Commissioner the policy of insurance forthwith upon effecting the insurance, and shall also duly pay all premiums in respect thereof, and deposit with him each premium receipt not later than the forenoon of the day on which such premium becomes payable.
(7.)If the lessee at any time fails or neglects to effect or keep on foot such insurance, or to duly pay any such premium or deposit such policy or receipt, it shall be lawful for but not obligatory on the Commissioner, at the cost in all things of the lessee, to effect such insurance in such sum as aforesaid, or in any other sum, or to pay such premium as he thinks fit.
(8.)The amount of such insurance may, with the consent of the Commissioner, be reduced from time to time, provided that it is not reduced below the total amount of the aforesaid instalments for the time being remaining unpaid.
(9.)In the event of the buildings so insured, or any of them, being destroyed or damaged by fire, all moneys payable to Her Majesty under the insurance shall be recoverable by the Commissioner, who, after deducting the expense page break
Spring in Township of Seddon, Manager's House.

Spring in Township of Seddon, Manager's House.

page 21 (if any) incurred in recovering the same, shall, in his discretion, apply the residue thereof, or a sufficient part thereof, either in or towards restoring the buildings or in or towards paying the unpaid instalments (a duly-pro-portionate rebate of interest being made in the case of instalments not then due), and any surplus shall be payable to the lessee.
(10.)Every such instalment as aforesaid as it becomes due, and every sum paid by the Commissioner in respect of cost of insurance, shall be payable by and may be recovered from the lessee in the same manner as rent.

28. The lessee shall at all times during the term of his lease keep in good repair and condition, to the satisfaction of the Commissioner, all buildings and erections for the time being standing on the land, and shall not destroy, pull down, or remove them, or any part thereof, without the previous permission of the Commissioner in writing.

29. The lessee shall not open up any mine on the land comprised in his lease without the previous permission of the Commissioner in writing.

30. The right to search for and take gravel for making or maintaining roads from any of the lands disposed of is reserved, payment to be made for surface damage only.

31. If and so often as the lessee makes default in the due and full payment of any rent under the lease, or of any instalment in respect of the value of building as aforesaid, or of any sum in respect of cost of insurance as aforesaid, or of any other moneys payable under the lease, or in the faithful observance and performance of any other of the provisions of these regulations, or of the lease, then and in any such case the Land Board may, without any previous or other notice or demand, forfeit the lease; and in such case all his interest therein shall absolutely cease and determine, subject, nevertheless, to the provisions of the next following clause, respecting valuation of improvements; but such forfeiture shall not affect any right or remedy on the part of Her Majesty to recover from the lessee any money due to Her Majesty, or release the lessee from any penalty or liability in respect to anything done or omitted to be done by him.

32. In the event of the forfeiture or surrender of the lease, the provisions of "The Land Act, 1892," respecting valuation of improvements and the payment or other disposal thereof shall, so far as the same are applicable, apply to the improvements made by the lessee.

33. For the purpose of distinguishing the improvements existing on the land at the date of the lease from those subsequently made by the lessee, the first-mentioned improvements and their value shall be fixed by the Land Board, and be specified in the lease: Provided that to the extent to which the lessee pays the aforesaid instalments in respect of the value of buildings, to the same extent page 22 shall such buildings be deemed to be improvements made by him.

34. The lease shall be in the form or to the effect sen forth in the regulations under "The Land for Settlements Act Amendment Act, 1896," and may contain such additional provisions, not inconsistent with the said Acts or these regulations, as, with the approval of the Minister, the Land Board thinks fit.

35. The lessee shall not cut down or remove any of the trees growing in the plantations at present existing on the land demised, without the consent of the Commissioner in writing first obtained, and such consent shall be conditional on the lessee giving a written undertaking to plant other trees of an equal number and approved kind within one year thereafter.

36. The right is reserved to the Crown or to its delegated authority to take water-races, 30 links wide, over any lands disposed of without compensation. The rentals of the sections to be reduced in proportion to the area taken when the right has been exercised.

37. Subject to the provisions of the said Acts and the foregoing regulations, the provisions of "The Land Act, 1892," and the regulations thereunder with respect to applications for and the grant of leases in perpetuity, the stipulations and conditions subject to which such leases may be granted, the rights and powers of the lessor and of every person and authority in Her behalf, the rights, powers, and functions of the Land Board and the Commissioner in relation to the land and premises comprised in such leases, and the estate, interest, rights, duties, and liabilities of the lessees, shall, so far as the same are applicable, apply to leases in perpetuity granted under these regulations.