of the expediency of such works, may, as soon as the work is properly completed in accordance with the approved specifications, obtain land scrip to the extent of half the value of the work performed, such value to be fixed by a competent person appointed by the Superintendent. The scrip is to be available as cash at any time within three months for the purchase of Town, Suburban, or General country land open for sale.

61, 62, and 63. Superintendent may also issue Land scrip to the full value of public works performed under the Highways Act, 1867, and in payment for land under the Compulsory Lands Title Act, 1866, for roads or public works; but no more than 250 acres is to be granted to any person, unless in payment of work for which a vote has been passed by the Provincial Council, nor is more than 2,000 acres in the aggregate to be granted in any one year without the special sanction of the Provincial Council.

Naval and Military Settlers.

64. Grants of land may be made to Naval and Military settlers who within 12 months prior to the 1st March 1867 may have bonâ fide retired from Her Majesty's service, with a view of settling in New Zealand, notwithstanding they may not have applied for a land order prior to that date. The extent of the Grant is to be regulated by Auckland Waste Lands Act, 1858. [N.B.-By that Act the grants are 400 acres to commissioned officers, 80 acres to non-commissioned and warrant officers, and 60 acres to private soldiers, marines, and seamen.] Officers going to New Zealand on duty are not entitled to Land Orders.

The provisions in favour of naval and military officers contained in the Act have been repealed by subsequent Acts; viz., 27 Vict. No. 29, as regards Wellington and Hawkes Bay; 30 Vict. No. 23, as regards Auckland; 29 Vict. No. 60, as regards Taranaki, formerly New Plymouth. So that no privileges are now granted to naval and military settlers in any part of New Zealand.

Occupation of Waste Lands.

65. Rules in the Schedule respecting pasture and timber licences to remain in force.

66. Commissioner under the Act to have the same powers as Commissioners of Crown Lands under previous regulations.

67. Powers vested in the Governor by the Waste Lands Act, 1853, to remain vested in him.

68. Term Superintendent shall mean "Superintendent with the advice and consent of the Executive Council."

69. Powers and duties of Commissioner of Crown Lands or Wardens under Ordinances No. 1. of Session 10, and No. 10. Session 11, in relation to the management of Crown Lands within the limits of a hundred may, after the establishment of any highway district, be delegated by the Commissioner of Crown Lands to the Road Board.

The amending Act of 1869 (31 & 32 Vict. c. 28.) relaxes the conditions of land orders issued in consideration of passages by substituting as the condition of a grant, residence in the province for three

years, instead of bonâ fide occcupation for two years. It allows to certain school teachers the grants to which they would have been entitled after teaching for 5 years in a common school. It limits to 10,000 acres the extent of land that may be set apart for special settlement in any one year. It revokes the power of selling the whole or part of a run during the currency of a lease, so long as the rents of runs are devoted to the endowment of common schools, and it prohibits the withdrawal of any lands once notified for sale by auction except upon a resolution of the Provincial Council.

The Auckland Waste Lands Act of 1870, 33 & 34 Vict., No. 52, repeals so much of the Act of 1867 as offers 40-acre land orders to adult immigrants who pay the cost of their own passages to the Colony, and establishes instead a system of free grants of land on condition of residence and cultivation.

The following are the leading provisions of the Act of 1870:

Free Grants.-The waste lands of the Crown, after being trigonometrically surveyed, and main lines of road laid off, may by proclamation be thrown open for bonâ fide settlement. Sects. 2 and 3. Any persons may then take possession and hold, subject to the Waste Lands Regulations, and to the conditions specified below, 40 acres in respect of each occupant of 18 years or upwards. Not more than 200 acres, however, can be held by any number of persons in one household. Sect. 4. The occupants must, within six months of taking possession, lodge with the Waste Lands Commissioner an application for the land, with a plan prepared by an approved surveyor, which are to be recorded on the record map of the district. The Commissioner is then to grant to the applicant a certificate of occupation. Sects. 5 and 6.

Three years continuous occupation by the applicants, or their adult substitutes, and the cultivation of at least one-fifth of the land, entitle them to a Crown grant. But this can be obtained within the three years, on proof to the satisfaction of the Waste Lands Commissioner that the whole of the land is fenced and cultivated, and a dwelling-house erected thereon. The cost of the Crown grant is in either case to be paid by the occupants. Sects. 7 and 8.

Certificates of occupation are transferable by indorsement after one year's occupation; but they become void if the original occupants or their substitutes cease to occupy the land. Sects. 9 and 10.

Disputed questions as to bonâ fide occupation, or fulfilment of conditions, are to be conclusively determined by two or more justices. Sect. 11.

Where some of the original party of occupants fail to keep up a continuous occupation, the Waste Lands Commissioner is to decide what portion of the land is to be cut off, leaving with those who continue in occupation all buildings and land in cultivation. Sect. 12.

If a certificate holder dies before the issue of a Crown grant, his rights devolve on his appointee; and, failing an appointment, on his personal representatives; and failing them, on the person or persons in actual occupation; and failing them, the land reverts to the Crown. Sect. 14.

The Crown grant must be applied for within one year after the expiry of the three years occupancy, otherwise the land (except such portion as may then be built upon or be in actual occupation) is forfeited. Sect. 15.

Sect. 17 repeals sects. 21 to 29, both inclusive, of the Auckland Waste Lands Act, 1867, which granted land orders to emigrants from the United Kingdom, and elsewhere, who paid their own

passages.

The remainder of the Act of 1870 empowers the local authorities to take land, whether before or after its sale by the Crown, for roads; to lease by public tender for seven years the right to cut flax; to cut kauri timber, and to erect saw mills; also to grant water rights, and to authorize resident occupiers in highway districts to depasture their cattle on the waste lands of the Crown within such district, at a rate not exceeding 2s. 6d. per head.

Pastoral and Timber Licences.-Licences to be granted for occupation of pastoral runs for 14 years, on condition,-(1) that on any part of the run which may subsequently be included in a hundred, or (2) which may be sold or selected under Land Orders, the Licence shall cease; and (3) if the annual fees be in arrear for six months, the Licence shall be forfeited. and the Run be let by auction. The annual fee is 54., if the estimated depasturing capacity of the Run does not exceed 600 sheep or 100 head of large cattle, and 51. for every additional number of 600 sheep or 100 head of cattle. Timber Licences, the extent of which is to be defined by the Land Commissioners, to be issued at a yearly fee of 51. Licensees who have made improvements to be allowed to transfer their licences. No person to be allowed to cut timber reserved for public purposes.

All annual Licences are to expire on the last day of each year. Licences applied for after the 1st of June in each year to be charged only half the usual fees.

BAY OF ISLANDS SETTLEMENT.

The 66 Bay of Islands Settlement Act, 1858," (21 & 22 Vict., No. 79,) is repealed by the "Bay of Ìslands Settlement Act, 1870," 33 & 34 Vict. No. 63, and the unsold lands within the Settlement are to be dealt with and disposed of as Crown Lands in the province of Auckland. But no lands in the Settlement are to be proclaimed under the second section of the "Auckland Waste Lands Act, 1870." The equitable rights or interests of individuals, if any, are saved.

NEW ZEALAND SETTLEMENT ACTS.

By the New Zealand Settlements Act, 1863, the Governor in Council may, from time to time, reserve or take, for the purposes of settlement, land belonging to any native tribe, or section of a tribe, which, subsequent to the 1st January 1863, may have been engaged in a rebellion; but compensation is to be granted to all persons claiming any title or interest in such lands, except those who have been engaged as principals or accessories in any degree in levying war

or carrying arms against Her Majesty. By an amending Act, No. 66. of 1865, the Governor's power of taking lands from rebellious tribes is not to be exercised after the 3rd December 1867. Lands which have been acquired under the Act of 1863 are, by the New Zealand Settlements Act Amendment Act of 1866, required to be sold or disposed of under regulations to be made by the Governor in Council, and published in the New Zealand Gazette. The Governor has, accordingly, published a set of regulations, dated the 23rd of November 1866, of which the following is the substance.

The Commissioner to be appointed under the regulations, is empowered, after setting apart land sufficient for the location of military and other settlers, to divide the remaining lands into four classes :1. Town land.

2. Suburban land.

3. Special Rural land.

4. General Rural land.

The first three classes are to be sold by auction, at an upset price to be fixed from time to time by the Commissioner, after one calendar month's notification in the New Zealand Gazette. One fourth of the purchase money is to be paid at the time of sale, and will be forfeited if the remaining three fourths be not paid within three calendar months. Land exposed to auction and not sold may, within twelve months, be purchased by private contract at the upset price, unless the Commissioner thinks fit to put it up again to auction.

General Rural land is to be divided into three classes, to be sold at the fixed price of 15s. an acre for No. 1 class, 10s. an acre for No. 2 class, and 5s. an acre for No. 3 class. 20 per cent. of the purchase money is to be paid at time of sale, and the balance by four equal instalments of 20 per cent. each within the periods of 3, 6, 9, and 12 months from the day of sale. Any default forfeits the amount paid and avoids the sale. Applications for purchase of General Rural lands must be for not less than 40 acres, and must be made in writing accompanied by a receipt from the Receiver of Land Revenue for the first deposit of 20 per cent. Where two applicants apply at the same time for the same land it is to be put up to auction at the upset price of 158., 10s., or 58., according to its class.

By a subsequent amending Act, No. 44 of 1867, called "The Confiscated Lands Act, 1867," the Governor is empowered to make by proclamation reserves out of lands confiscated under the previous Acts of 1863, 1864, 1865, and 1866, and may out of such reserves compensate persons to whom the "Compensation Court" may have awarded insufficient or no compensation.

The Governor may also make reserves out of the confiscated lands, and appropriate them for the benefit of deserving Natives who may have acted in the preservation of peace and order, and in suppressing the rebellion, and for the benefit of rebellious natives who may have submitted to the Queen's authority, and also for the sites and endowment of educational institutions both for the Natives and the Colonists generally.

PROVINCE OF TARANAKI (formerly NEW PLYMOUTH).

The Land Regulations of this province are contained in a Proclamation of the Governor, dated 20th October 1855.

Surveyor General to survey districts in which native title has been extinguished; or, where that is impossible, such portions as the Superintendent in Council may indicate. The Governor to take out reserves for military and other purposes. Land to be divided into rural sections and town sites. Rural sections not to exceed 240 acres, and one half of rural land to be divided into 100 acre sections. Town sections not to exceed quarter of an acre. Maps of land open for purchase to be deposited with Commissioner of Crown Lands, and to be open for inspection one month before sale. One 20th of district, and a belt round each town site to be reserved as an endowment for public education. Unalienated lands in town of New Plymouth, and in other specified places to be Education Reserves. Ministers and Trustees of Religious Bodies may obtain land not exceeding 10 acres in a district, and 1 acre in a town site, for churches, schools, burial places, &c., before the district is opened to the public, at a price to be fixed by the Superintendent, not less than 10s. an acre for rural land, and 201. an acre for town land. Scrip to be accepted in payment for rural land at 208. an acre, in payment for other land at its nominal value.

Days of sale to be advertised in Government Gazette one month previously. No land to be sold without survey. Rural and town lands to be sold by auction, the former at an upset price of 10s. an acre, the latter at such upset price as the Superintendent may fix. The bidding for Rural land to be for choice of sections in a certain district. If the sections are not taken according to the published map, they must be taken in allotments not exceeding 240, nor less than 40 acres, and in such a form and situation as may be convenient and equitable. Sale of Town lands to be for sections previously marked out, and to be conducted in same way as sales of country lands. One tenth of purchase money to be paid down, and balance within one month.

Mineral lands to be reserved and let under regulations to be framed by Superintendent and Council.

N.B. The provisions in this Act in favour of Naval and Military settlers are repealed by Act No. 60 of 1866.

PROVINCE OF WELLINGTON.

The Land Regulations of this province are contained in a Proclamation of the Governor, dated 4th March 1853, as amended by the Wellington Waste Lands Act, 1870, 33 & 34 Vict. No. 53.

The following is an abstract of the proclamation of 1853:

Lands reserved as town and suburban allotments and lands within limits of hundreds to be sold by auction at a price to be fixed by Government. Pasturage on lands in hundreds to be enjoyed exclusively by grantees, pensioners, or natives, within the hundred. In districts outside hundreds pur

chaser to pay 10s. an acre for land he may desire to select, which will then be laid off and conveyed to him. Inferior land to be put up to auction at 5s. an acre. Allotments to be of convenient size and shape, and facilities to be given to purchasers to buy small lots to complete their properties. Lines of road to be reserved and allowance made for them to purchaser. Holders of runs to have a right of preemption over their homesteads at 10s. an acre. Unproductive portions of runs may on application be put up to auction at 5s. an acre. Applicants for land in unproclaimed districts to make their own surveys if a government surveyor cannot be sent, and to receive for it an allowance of 5 per cent. Allotments to be not less than 80 acres.

Sales by auction to be announced one month at least before they take place. No lands to be inIcluded which have not been previously surveyed. Lands not sold and lands forfeited for nonperformance of conditions, may be purchased within three years at upset price, or if the Government think fit be again put up to auction: one tenth of purchase money to be paid down and the balance within a month.

Scrip to be taken at sales of town and suburban lands, and of rural lands sold at a fixed price at its nominal value, at sales of ordinary rural land, and of special rural land where the upset price is less than 17, at 1. an acre. Scrip not to be available in hundreds proclaimed before 2 August 1851, nor in the town of New Plymouth.

Land fund, after paying parliamentary charges, to be appropriated to public works and immigration.

Superintendent to proclaim new districts, and make reserves for townships, town and suburban lands, public purposes, and agricultural and small farm settlements. Small farm settlement reserves may be vested in associations for a period not exceeding three years, to be sold by them at 10s. an acre. Common land and bush land to be annexed to such reserves for occupation and use of resident occupiers. One thirtieth of each district to be reserved for education and vested in Commissioners.

Register of applications for land to be open to the public. Applications on the same day to be considered simultaneous. In case of simultaneous applications land to be put up to auction between the applicants. Except these, no lands to be put up to auction other than those specified in notice, and no lot put up at 5s. an acre to exceed 640 acres.

Military and Naval Settlers.-Clause 28, sect. 7 of this Proclamation, which granted privileges in the acquisition of land in this province to military and naval settlers, has been repealed (saving existing rights) by an Act of the General Assembly, 27 Vict. No. 29 of 1863.

The Wellington Waste Lands Act, 1870, empowers the Superintendent, with the consent of the Council, to set aside out of the waste lands, of which the native title has been extinguished, blocks for special settlement, on such terms as the Governor in Council may sanction. But no land is to be sold at a less price than land of a similar description sold under the existing land regulations, nor to be exempt from existing liens. Sect. 2.

It also empowers the Land Commissioner, on the expiration of any existing occupation licence to renew the licence for a further term of 7 years, if the holder applies for it in writing, but if he fails to do so then to grant an occupation licence of the land or any part of it for seven years to any other person, subject to the existing Land Regulations, and at such rent (not less than 2d. per acre) as the Provincial Council may sanction. Sect. 3.

Applicants for runs to lodge descriptions, and pay deposits. Applications to be registered and register to be open to the public, and description to be published in the Government Gazette. The Commissioners to decide on all applications and on all objections and disputes. No objections to be heard, except within three months of above publication. Notice to be given in Gazette of time of hearing objections. Occupation licences to be issued for 14 years; but occupation to cease of any part which may subsequently be included in a reserve, or may

be sold.

The Land Regulations of this Province are contained in a Consolidating Act of the General Assembly, 27 Vict. No. 39 of 1863, and in an amending Act of 1870, 33 & 34 Vict. No. 54.

The following is the substance of the first Act, which is called the "Nelson Waste Lands Act, 1863." Establishes a waste land board, to consist of the Superintendent, the Commissioner of Crown Lands, and the Speaker of Council. Business to be conducted by the Commissioner of Crown Lands. Reserves to be made for town sites, suburban sections, gold districts, roads and internal communications, drainage, quays, school sites, public institutions, cemeteries, public parks, &c., and generally for public purposes. One twentieth in each district to be set apart for educational endowment, and proceeds applied by Central Board of Education, vested in Superintendent. Governor to make reserves for military or civil service purposes.

Roads, subject to certain specified conditions, to be laid out, surveys to be made, and province to be divided into counties, hundreds, and parishes. Sections to be laid out in convenient forms, and of sizes to be determined by Waste Land Board. Rural lots to be not less than 10 nor more than 320 acres.

Province to be divided into blocks of 10 miles square, each block to be represented on a separate map, on which lands reserved and sold are to be marked. Maps and schedules of land for sale to be open to the public.

The Land Board to classify lands under four heads-Town Land, Suburban, Mineral, Rural.

All lands to be sold by auction. The upset price of town, suburban, and mineral land to be determined by Land Board. Upset price of rural land from 5s. to 40s. per acre, to be fixed in like manner. But if lands improved by road making or other public works, a higher upset price may be named. No land to be sold until surveyed and mapped, and until a month after advertisement in Government Gazette. Applicants for land in unsurveyed districts may be allowed to have such land surveyed and put up to auction. If bought by any other than applicant the expense of survey to be repaid to him. One tenth of purchase money to be paid down, and balance within one month. Lands put up and not sold may, within three years, be purchased at upset price, or the highest price bid for them at auction. Sects. 25 to 32 and Sect. 73.

N.B.-Lands applied for under the 32nd or 35th sections may by the 3rd section of the Amending Act, 1870, be withheld from sale, and reserved for other purposes, under the principal Act of 1863.

Native sellers to be allowed to repurchase portions of their land at assessed value. Lands not open to sale may be purchased at 27. per acre, and if beyond the limits of survey the cost of survey must be borne by the purchaser.

Occupiers of runs to have pre-emption of Homestead not exceeding 80 acres. If required he must exercise this right within three months after notice. If homestead not purchased by him, but put up to auction and purchased, value of improvements to be paid to occupier. Possession of land within a run purchased by any other than the occupier may be delayed three months to enable occupier to remove his property.

Land may be reserved and given in payment for large public works, such as trunk roads, railroads, barbours, and docks, to the extent of one acre for every 14 sterling authorized by the Provincial Act as payment for such work; and for lesser public works to an extent not exceeding 150l. to any one person in one year, nor exceeding 2,000l. in the whole in any one year except under legislative authority. Reserves for these purposes to expire within a year, unless a longer time allowed for the completion of the work for which they were made. Sects. 41 to 45.

Persons entitled to compensation for land taken ¦ from them for roads or other public works to receive a certificate for the amount to be available for the purchase of other public land. Sect. 46.

The regulations in respect to pasture lands are contained in the "Crown Lands (Nelson) Leasing Act, 1867," 31 Vict. No. 51, and in the Crown Land (Nelson) Leasing Act of 1869, 32 & 33 Vict. No. 30. The first Act, after repealing the Leasing Act of 1865, No.65., and sections 47 to 59, both inclusive, of the "Nelson Waste Lands Act, 1863," provides (sec. 5) that leases for 14 years of unoccupied Crown Lands not suitable for agricultural purposes, may be granted by the Commissioner of Crown Lands. The fee on the issue of a lease (section 16) is SOs. No lease (section 10) is to contain less than 50 nor more 10,000 acres. The rent (sections 11, 12, and 27) which is to be payable in advance on the 1st January in each year, is to be at the rate of 51. for every 100%.

of the declared value of the lands as assessed by the Waste Lands Board. The lessee (section 18) may determine the lease at the end of any current year upon giving six months previous notice in writing. The lease may be renewed once for a second term of 14 years at double the former rent. All mines and minerals (section 20) under the the leased land are reserved to the Crown.

The Waste Lands Board may exclude (section 23) from lease any lands which they may think suitable to be reserved under any Acts in force relating to Crown lands; and the Governor in Council may proclaim any leased land (except the Homestead not exceeding 80 acres) to be a reserve, in which case at the expiration of two years, and on compensation to the lessee to be determined by arbitration, the lease is to cease as to such reserve. The lease (section 25) is transferable if the conditions have been fulfilled up to the time, and notice given to the Commissioner of Crown lands within a month of the transfer. The Transfer fee is 10s. for the first 100 acres, and 1s. for every additional 100 acres or fractional part thereof. If the rent is in arrear for six months (section 28) it is to be doubled, and if for three months after notice thereof the lease is to be ipso facto void, and to be sold by auction. A lessee (section 31) may at any time purchase the entire block of land comprised in his Lease, at a price to be fixed by the Waste Lands Board in accordance with the established Regulations for the time being.

Unlawful occupants of Crown lands liable, on conviction, to a fine not exceeding 507., and on continued occupation for a month to a second fine not less than 57. nor more than 501. Commissioner authorized to remove such trespassers. Cattle trespassing to be impounded.

Timber Licences.-Applicants for timber licences to apply to the Waste Lands Board (Act No. 54 of 1870). On issue of licence to pay an annual fee of 51. Land in licence not to exceed 10 acres. Licencee, with assent of Commissioner, to be allowed to transfer his licence.

By the amending Act, No. 54 of 1870, gold miners and business licensees may cut timber for their own use without a licence. The Waste Lands Board may also grant flax and building licences (section 61).

Mineral Lands. - Prospecting licences may be granted, giving the holder the exclusive right of search for 12 months over six contiguous square miles of unsurveyed land for minerals other than gold. The fee for such licences is 1d. per acre, payable in advance. The licence is not transferable without the leave of the Land Commissioner.

Mining leases may be obtained for all minerals other than gold, on the following terms, viz. :— (1) A deposit of 28. an acre, 1s. to pay for survey, and the other to be allowed for in the future rent or royalty; (2) area not to exceed two square miles; (3) term 21 years; (4) rent 6d. per acre for the first two years, and 1s. per acre for each subsequent year; (5) royalty not less than th nor more than th; rent to be reduced by the amount of the royalty, and when royalty equals or exceeds the rent in any year, no rent to be paid; (6) lessee entitled to a

renewal for 21 years at double rent and royalties. No land under prospecting licence or mining lease to be sold during such licence or lease. All disputes to be settled by Land Board.

Gold Leases.-The Land Board may grant gold leases for seven years of lands not included in gold fields, in blocks not exceeding 10 acres, at a rent of 10 per cent. on the value of the land to be assessed by the Board. No such land to be valued at less than 107., and before leased the land must be put up for sale by auction at the upset price on which the rent is charged. Sect. 70.

N.B.-This section is repealed by the 2nd section of the Nelson Waste Lands Act, 1870, 33 & 34 Vict. No. 54.

A fee of 30s. is to be paid on the delivery of every lease, and all rents are to be paid in advance on the 1st of January in each year.

"The Nelson Waste Lands Act Amendment Act, 1870," repeals the 70th section of the Act of 1863, and empowers the Commissioner of Crown Lands to withhold from sale any land which may be applied for under the 32nd or 35th sections of the Act of 1863.

It also empowers the Waste Lands Board to grant timberlicences over not exceeding 10 acres of Crown lands for the term of one year on payment of a fee of 51. But gold miners and holders of business licences may cut timber for their own use without taking out a licence. The Board may also issue licences to cut flax over not exceeding 500 acres for a term not exceeding seven years, and may grant leases for a like period, and not exceeding 10 acres, as sites for buildings, machinery, and drying grounds. The terms and conditions of such leases to be determined by the Board.

PROVINCE OF CANTERBURY.

The Land Regulations for this Province are contained in a proclamation dated 9th February 1856, and two subsequent Acts of the General Assembly, No. 24 of 1866, and No. 52 of 1867. The following is an abstract of the proclamation:

A Waste Lands Board to be established, consisting of one Chief Commissioner and from two to five other Commissioners. One Commissioner to be appointed by the Governor and to act as Treasurer, the other Commissioners to be appointed by the Superintendent Applications for pasturage and timber licences, and disputes respecting such licences and respecting the boundaries of runs and districts, to be heard and determined by the Board. Board to keep minutes of all applications and of proceedings thereon.

:

Surveyor and Assistant Surveyor to be appointed. Reserves for public purposes to be made by Superintendent, on recommendation of the Council.

Sites of towns to be determined by Superintendent in Council, and proclaimed in Governinent Gazette. Town lands to be sold by auction at an upset price to be fixed by Superintendent in Council. Time and place of sale to be published in Government Gazette, and 10 days before sale a list of the