THE OTAGO HUNDREDS ACT AMENDMENT; ACT, 1870.

Bruce Herald, Volume VI, Issue 353, 1 February 1871, Page 3

THE OTAGO HUNDREDS ACT AMENDME NT; ACT, 1870.

The following is a copy of the Bill tor-: •warded by the' Provincial Government, founded ,on resolutions of the Provincial Council at its special session, shewing the alterations and additions made in Wellington. The portions in Italics were introduced in Wellington. The portions within brackets were struck out of the Provincial Bill. Clauses 1. 2, 3 and 4> no alterations. Clause s.— Every person holding a lease of any pasrornl lands couiprised within any district proclaimed a Hundred under the provisions ol the said recited Act, shall be entitled to compensation for the determination of his lease, and for the then value of all fences then existing upon the said la.nds\ provided always that the amount of such compensation shall in no case exceed two shillings and sixpence per acre in respect of the determination of such lease over such portion of the run so to be proclaimed 3 Hundred as aforesaid, anil that the bolder of such lease shall be euti; led to -compensation only in respect of fences erected [in pursuance of the provisions of the Ordinance of the Province of Othjro, intituled " The Fencing Ordinance, 1867 ] and at the determin ition of the ■lease standing on the land so proclaimed a Hundred as aforesaid the amount of such compensation, to be determined so pro tided^ by the tenth and eleventh sections of * l The Otago Hundreds Regulation Act, \§§§" except that the amount awarded 'as compensation for fencing shall be payable (in one sum) within six months after the award has been published. Clause 6. — Every .holder of a pastoral lease, the lands comprised in which lease shall tin* he included within the boundaries of the Ofcago Goldfields. 'shall have the righ% in respect of every such lease as held by him, to acquire, by purchase at the va'te of twenty shillings per acre, subject to the conditions of purchase contained in the " Ota-ro Waste Lands Act, 1866," six hundred and forty acivs in one blork of the land comprised in bis lease, which block shall, in the event of the same being selected by such holder, so as in any nay actually to adjoin the lands ■selected by him as his homestead pre-emp-tive right, include and comprise the lands forming such homestead pre empfive right: .Prodded al?rai;s i'bat /.-pan the 'purchase by any such holder of any block as aforesaid whi^h shall comprise hi a home stead, all further homestead right in respect of the same lease shall cease, ■Tsuch block to contain Ins homestead]. >md bo portion ol '.ho land comprised •within a'fir pastoral lcaso shall he soU until the offer of purchase of sunb block wot exceeding six hundred and forty acres, vidvdinq or mot including, at the option of the holder of the pastoral lease, his hemstead pre-emptive right, shall have been made to such holder, [shall have b^en made to the holder of the pastoral lease] who shnll exercise his right of purchase within three months after the date of the ■offer so made to him : and in the event of the -non payment of the purchase money within such period of three months, the ■holder of the 'pastoral lease shf>H be deemed 'to have declined to purchase, [and i r shall '•be lawful for the Waste Land Board of the Province of Otago to rerjniro any holder ■of a pastoral leas? to exercise his pre-emp-tive right at any time after throe months' notice, and although no portion of the lands comprised within his pastoral l^ose shall have been proclaimed a Hundred]. j ■Clause 7. — Every holder of a pastoral lease the land comprised in which lease is •or hereafter shall be included within the ■boundaries of the Otago Goldfields, shall have the priority of v'wsht to "pplv, in respect of every lease held by him, for ami obtain a lease for agricultural purposes of a block not exceeding six hundred and ■forty acres in extent of the land comprised in his lease, which shall not be actually known to be auriferous, am! which shill ■contain and include his homestead : nnd it shall be lawful for the Governor or his •delegate, in case the block 'applied tor shall •not in his judgment be auriferous, in the name and on behalf of Her Majesty, to de■uiiss to the holder of such pastoral lease, for agticultural purposes, the whole or any part of the block so applied for under and subject to the provisions for the then time *being in force for regulating the granting ■of leases of land on Goldfields for agricultural purposes : and if at any time after the granting of such agricultural lease the holder thereof shnll prove to the satisfaction of the Governor or his delegate that the area included in such lease or any part "thereof is not auriferous, and does not con"tain any metal or mineral of sufficient : 7alue to render it inexpedient so to do on grounds of public policy, the Governor or 'his delegate shall certify the same in writing* under bis band to the Waste Land Board of the Province of Otago : and the bolder of such lease shall thereupon or at any time within six mouths thereafter, be -entitled to purchase the said area, or such part thereof as shall be specified in the •certificate of the Governor or his delegate, at the price or sum of twenty shilling's per acre. Clause B.— No holder of a pastoral lease, who shall, have obtained an agricultural lease under the provisions of the last preceding section, shall be entitled to purchase any greater area tinder the sixth section of this Act,, than shall be sufficient, together with the area purchased under the provisions of the last preceding. section, to increase the entire area purchased by hioi within the boundaries of the pastoral lease, as held at the time of the passing of this Ace, t.oisix.. hundred and forty acres. Clause Nß.-H- It shall be: lawful for the i Waste. Land Board of the Province of Otago, byi ■notice, to- require any holder of a pastoral lease -to exercise 1 bis right to -apply: for an -agricultural lease under the 01-sectioa 7 of .this Act, and if

the' bolder of any such pastoral lease shall fail or neglect to make application for an agricultural lease, withia tiyehe tn'onths from and after tlie date of the service of the notice requiring 'him so. to do', the holder of such pastoral lease shall be deemed to have declined to exercise his; right to obtain an agricultural lease under the provisions of this Act. Clause 10.— Every notice under this Act may be'servpd personally, or by leaving the same with some adult inmate at the usual or last known residence in the Province of Otago of the person to whom the same shall" be addressed, or if such nerson shall he absent from the colony of New Zealand, then by delivering 1 rhe same to or leaving; the same at the residence of his known agent in the same manner, and if there shall be no such ayent resident in the Province of Oiago, then it shall be sufficient to insert such notice at least three consecutive times in the Government 'Gazette' of the said Province. Clause 11. — [Section eighty-two of the " Otago Waste Lands Act, 1866," in so fur as the same provides 'hat no portion j ol tiie land as ro which a lease of pastoral lands shall have ceased, and on which h homestead shall have been erected, or improvements made, shall he exposed for sale . untrl the offer of purchasing .such lands shall have been made to the holder of the lease at the up^et price of one pound per acre, and limited the right of the haspholder to purchase to a block of not ex- j ceedintr eighty acres containing his homestead, shall be and the same is hereby re- j pealed.] Clause 12. — Tho provisions of section eight of the " Gold fields Act, 1866, Amendment Act, 1869," [thirty-five of rhe '• Otago Ooldfifilds Act, 1866,] shall' extend and apply to all hinds situate! wkbin the limits of the Otago Goldfields which shall hereafter be proclaimed a Hundred under the provisions of the said recited Act; and the provisions of 'h? |•« Otago Waste Land-« Act, 1866, ! Amendment Act, 1869," shall be ap- ! plicaMo to all lands already proclaimed, or j which may hereafter be proclaimed info Hundreds, notwithstanding the same may be include;-! within the Otago Goldfields ; ! anything in forty eighth section of the " GoMfie!d« Act, "1866," to the contrary notwithstanding. Clause 12. — The provisions of section sixty nine of the v Otago Waste Lands I Act, 1860," shall be read and construed \ as part of this Act. Provided that the holder of any license, who shall surrender i the same and obtain a lease therefor, as provided in that section, shall pay all j arrears of assessments that would have | been payable had the surrender been made J within six months after the coming into ! operation of the l% Otago Waste Lands ! Act, lS'if'3," with interest thereon- at the , rate of eitjht per centum per an num. | Clause' 13. — That the words " ten\ \p«unds," in the sixth line of the " Otago \ Waste Lands Act, I860," .;h.dl after the \ passim j of this Act be read -is if the . words ' one pound'" had been v.-edin lieu j thereof.