penses incident to the collection, management, and receipt thereof; raid also to pay ou tof the said nn crnie* such sums os shall become "payable under'certain other provisions therein contained. The Treasurer of the Waste Lands Board shall, therefore, pay out of nil the funds coining' into his iiands under these regulations all such sums for the above-named purposes, in such manner and to such persons as the Governor shall direct. V.—PUBLIC RESERVES.' 19. Reserves for the uses of the Provincial Government nnd for other'public purposes may," upon the ecommeudntiori of the Provincial Council, bo made bjr the Superintendent; nnd shall not be alienated ti'om the specific purposes to which they shall have been severally dedicated, except under the provisions of an Act of the General Assembly, entituled the " Public Reserves Act, 1854;" and a full and complete description of every such reserve and- of the "purposes to which it. shall have been dedicated shall, as soon as possible nrter it shall have been made, be published in the Government Gazette of the Province, and set forth on the authenticated maps in the Land Office. Provided that the Superintendent may. ii the Provincial Council be not then sitting, temporarily reserve jand for such purposes until the next session of such Council. -, . . 20. Reserves for public highways, bridle-paths, and fott-paths, shall be made by the Superintendent, and shall be set.forth on the-authenticated maps in the Land Office. The Superintendent and the Provincial Council may by Ordinance alter the line of. any sucli 1 highways,, bridle-paths, and. foot-paths, and.disppse oV the land theretofore used for the same. 21. The Superintendent may temporarily reserve any. land for the preservation, or. sale of, the; timber thereon; but such land may at any time cease to be so reserved upon a resolution of the Provincial Council.. ........' : . .■ .. . ... ....,, 22. The Superintendent may, upon the recommendation of the Provincial Council, by,proclamation in the Government Gazette, reserve from the operation of] these regulations, any tract of country in which' the precious metals may be found to exist: and the land within such tract of country shall be disposed o sceording'to regulations hereafter, to be .issued and published in that behalf; in the same'"manner and under, the same authority as these present regulations VI. —TOWN LANDS. 33. The sites of towns shall be determined by the Superintendent, upon the recommendation of \ the Provincial Council, and shall be notified by proclamation in the Government. Gazette of the Province. 24. -Town Lands shall be sold by public auction, in sections, the size and upset price of which shall be determined by the Superintendent and the Provincial Council; and having- been so determined, for each town severally; shall not again be altered. £5. The time and. place-.of every auction sale shall be fixed by the Superintendent, and shall be notified in the Government Gazette, and one or more newspapers of the Province, at least thirty days before such sale shall talce place. .. ... ...'. : ... 20. No such notification of any sale of town .lands shall be'published'until a map of the town; signed by the Chief Surveyor, shall liave been laid open for public inspection in the Land Office; and such map shall set. forth, accurately delineated, all the town sections numbered consecutively, so lar as laid out, showing the sections to be submitted for sale, and the public reserves in connection with them. 27. Town sections may be put up to auction, either, by order of the Superintendent, or upon the application of some person who shall, at the time of .making such application, deposit ten per cent, of the upset price with the Treasurer of the Waste Lands Board. Such deposits shall, if no advance on the upset price oe made, be considered as the deposit upon the sale at such public auction. • 23. If any section shall be purchased by other than the original applicant, the deposit money shall be forthwith returned on demand. • < ■ 29. Ten days at least, before any such auction sale, a list of all the sections about to be offered for sale 'shall be published in the Government Gazette, and one or more newspapers of the Province. 30. Every aucl'1 on sale of--land shall be "held by the Commissioners in opeu court us - hereinbefore provided. ... 31. The person who shall be declared the highest hider at such auction shall immediately pay a deposit often-per cent, of' the purchase money to the Treasurer, and in.default thereof, the section shall be again immediately put up to auction. . .paid to the Treasurer in full, within one week after S2. The remainder..of the purchase liiojifiy.shal llie the'day of sale: and, in default thereof, the pur chase shall forfeit his deposit memey, and also al right or title to the land; and the section maybe sold to any person applying for the same for the price at which it was knocked down at the auction; and, if not so sold, the section maybe again put up to auction at any future sale. ■..: 33. Upon payment of the purchase money in full, the purchaser snail, receive-.from the Commissioners a " License to Occupy," in. the form set, forth in Schedule A to.the Waste Lauds Regulations, and such License shall be restored to the Commissioners upon receipt of a.Crown Grant of the land purchased, VII. —RURAL USB. 34. All lands not included in any of the foregoing regulations shall be open for sale as rural land, at an uniform price of forty shillings per acre. ... 35. Save as hereinafter provided, no section of Rural Land shall be sold, containing less than twenty acres; but any section so limited by frontage lines or private lands as to contain less', than twenty acres may be sold.by auction at the upset price of forty shillings .per acre; the time and place of sale, and the mode of sale, and payment of purchase money to be as nearly as may be in accordance with the regulations herein . contained applicable to the sale of Town Land. Provided, nevertheless, that if any section so limited shsill be included in a 'Pasturage License with Preemptive Right, the holder of such License shall be entitled to exercise such Pre-emptive Right under these Regulations upon payment of the sum of forty pounds for such section. 36. Every section, of rural land shall be in. one block, and, except as hereinafter provided, of a rectangular form, and if bounded by a frontage line ,sball be of adepth of half a mile (or 40 chains) from such, frontage. : Note. —A. frontage line shall be taken to mean the boundary of a road, river, or' public reserve, or any stream or watercourse which shall have beeu.declared by notification' in the Government Gazette to constitute a frontage for the purpose of selection; 37. Where, from the frontage not being a straight line or rom the interference of other frontage lines, natural features, or the boundaries of private lands, the above rules in respect of form cannot be accurately observed, the foi-m of the section shall be determined as nearly in accordance with these rules as, in the judgment of the-Board, circumstances will admit. 38. In sections of lands not adjacent to or bounded by a frontage line, all the sides may be equal, but one side may not be less than one-third of the other; and such section shall not be less than half a mile distant from a frontage line. -...-■ .. 39. Any person, possessing a section of land may at any time'select another adjacent thereto, of form that the two together, being considered as one section, shall be in the form required for a single section under the foreßoina: rules.
40. Immediately on the payment of the purchase money.-the purchaser shall receive from the Commissioners'a " License to Occupy," in the form set forth in the Schedule B hereunto" annexed ; and as soon thereafter as conveniently may be, the laud shall be laid off by a Government Surveyor, as nearly, in accordance with the description given by the purchaser in his application as these regulations will admit; provided that whenever the lands selected lie'without the surveyed districts, the expense of the survey and of connecting- such survey with the existing-surveys shall be 'borne by the purchaser, who shall at the'time of purchase deposit the amount of the estimated cost of such surveys with the Treasurer of the Waste Lands Board, whiclrshall be made as soon as_practicable, oy order of the Chief Surveyor. Provided a'ways, that should any section when surveyed prove to differ in any respect from that intended by the purchaser, the Government will not be responsible for any lop or inconvenience which the purchaser may experience, nor will the purchase money be returned. Provided also, that if the Surveyor shall find that the whole extent of land in the selected locality falls' short of the quantity paid for by the purchaser, the Treasurer shall repay so much of the purchase money as' exceeds the price of the land to be conveyed. The " License to Occupy" shall, in anysuch case, be amended by the Commissioners, in aceordauce with the report of the Surveyor,' and the Crown Grant shall be made out in accordance therewith; and the "License" shall be returned to the Commissioners when the Crown Grant shall be ssued. "41. Any person making a ditch and bank fence on lands adjoining Waste Lands of the Crown may take out of such lands half the land required for the ditch and bank: provided that no ditch or bank shall be more than six teet in width. VIII.—COMPENSATION LANDS. 42. Whereas it is desirable that private persons should be enabled to receive portions of Waste Land in exchange for private lands taken for roads or for other public purposes; if any person shall be entitled to receive any compensation in respect of any land which shall have been taken for the purposes'^ a road or of any other public work, or in respect of any damages done to his property by the taking ot such land ior such purposes, such person shall, uoon application to the Waste Lands Board, be entitled to a grant of rural land in such situation as he shall select, subject to the conditions as to form and frontage m these regulations contained, to the extent ot one acre for every two pounds sterling of-the amount oi compensation which the. applicant shall be entitled to receive in respect of the lard taken ior such purposes inrespec* of such damage_ as aforesaid.
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Bibliographic details
Otago Daily Times, Issue 180, 25 June 1862, Page 7
Word Count
1,745Page 7 Advertisements Column 3 Otago Daily Times, Issue 180, 25 June 1862, Page 7
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