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7. The Lots will be sold subject to such special servitudes and conditions as may be set forth in the conditions of sale, and the following general conditions, which must be stated in the title deed, viz.:

(a) The Quitrent payable. (6) All existing roads and thoroughfares described

in the diagrams shall remain free and un

interrupted. (c) That Government shall have the right to make

new roads, railways, railway stations, aqueducts, dams, and drains, to connect telegraphs over the land, or establish outspans, for the benefit of the public, on payment to the proprietor of such sum of money in compensation as shall, upon equitable valuation by appraisers, appointed on both sides, be found

just. (d) With regard to lands on or adjoining the sea

coast, or on the banks of public rivers (not in towns or villages), that Government shall have power to resume any portion thereof, when required for public purposes, on payment to the proprietor of a just and fair price for the same, according to valuation as under

condition (c). (e) Lands adjoining public rivers or running

streams shall be sold subject to leaving such water furrows made through or over them, as the Government shall direct, for the supply of water to lands lying at a distance. Com.

pensation is made as above (c). (1) No condition which is not clearly expressed

shall be presumed to exist. 8. On settlement of the whole purchase money by bond or otherwise, Title Deeds will be issued to the purchaser.

9. Lands claimed as private property are not to be considered as Waste Land of the Crown under these regulations if timely notice of the claim be given to the Colonial Secretary, and due diligence used to prove the claim.

10. The Governor may, with the concurrence of the Legislature, make Grants or Reserves for special public purposes.

11, 12, and 14. Municipal lands, town or village pasturage lands, lands containing valuable minerals, fishing stations, public outspans, or lands required for military stations, defence of the frontier, or other public purposes, and the sea shore within 200 feet of high water mark, are not to be considered Waste Crown lands.

15. Provides for the sale of certain lands in the frontier districts, subject to the conditions of personal occupation, and of providing arms and armed men for the defence of the frontier.

16. Whenever any Divisional Council deems it expedient that Waste Crown Lands shall be sold, or when persons are desirous of becoming purchasers of particular parts of such land, an application may

be made to the Colonial Secretary, or to the Divisional Council, in writing, setting forth as far as practicable the position, boundaries, and extent of the land referred to.

17, 18, and 19. Such application is then to be submitted to the Surveyor General and to the Divisional Council, and if necessary to the Governor for decision.

20. When the Government directs that the sale shall proceed, the Council shall in the first place transmit an estimate of the probable cost of inspection and survey, and erection of beacons, in order to enable the Surveyor General to comply with the financial regulations, by obtaining previous specific authority for the necessary expenditure, or to call on the applicant for a deposit sufficient to cover it, which deposit shall be refunded when paid by the eventual purchaser, should the applicant not become the purchaser; but should no sale take place, no refund will be made.

21, 22, 23, and 24. Relate to the local arrangements for the inspection and survey of the land.

25. Where improvements have been made by an unauthorized occupier on Crown land which is to be sold, the Government may grant compensation by valuation. When the amount has been fixed the land is to be sold, subject to the payment of the compensation out of the purchase money by the purchaser. If the occupier who made the improvements does not purchase the land, he is to receive two thirds of the compensation, the balance being retained by the Government. Should he become the purchaser, the two thirds is also retained by the Government towards the payment of the purchase'money,

An authorized occupier is to receive or be allowed the entire value of improvements. Compensation is not to be given for improvements unconnected with the ordinary use of the land by the usual class of purchasers, or for “extravagant” improvements not adapted to increase the value of the land.

26. Where a portion of Crown land lies contiguous to or between farms belonging to private persons, the Divisional Council may allot such land or portions of it to one or more of the farms as may seem just and expedient at a reasonable price, to be fixed by the Council and approved by the Governor, being not less than the expense of inspection, survey, erection of beacons, and title deed. Such land is subject to a quitrent, to be assessed by the Council.

27 to 32. Prescribe the formalities to be observed in dealing with applications for such last-mentioned lands.

The Act No. 19, of 1864, provides that if the purchaser of any Crown land does not, on the demand of the Civil Commissioner, take up his title deed within 12 months of the sale, and give a mortgage bond for the balance of the purchase money, the sale is to be deemed ipso facto cancelled, and any previous payment forfeited. But such cancellation and forfeiture is not to take effect until after three notices published in the Government Gazette, during three months, calling upon the purchaser to execute the mortgage, or to pay the purchase money.


[Cap. V. 1973.

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Sect. 6: The Governor is enipowered to dispense, if
he thinks fit, with the Certificate required by the
27th regulation contained in the Schedule to Act
No. 2 of 1860, if any Divisional Council shall have
so recommended, but the Surveyor-General shall
have refused to give it.

It provides for-
i. The Leasing of Crown lands, in cases where

the Governor deems it expedient.
ii. Such lands may be let for any term not ex-

ceeding 21 years, upon such conditions as the

Governor may impose.
iii. They are to be let by auction, provided the

highest rent offered be adequate.
iv. Rent payable annually; the first 3 years' rent

to be secured by sureties, or the first two

paid in advance. It also provides that Crown lands may be let by public auction; but that the Government should not be bound to accept the highest rent offered, should it be deemed inadequate.

The Act No. 4. of 1867 provides that land so put up to auction, but not let, may at any time within 12 months afterwards be leased by the Government by tender or private contract, at a higher rent than that bid at auction; but that such lease shall not be for more than a year, and that at the expiration of that time the lease shall again be put up to auction at the rent and for the term proposed in the tender or private offer. At such auction, the highest tender is to be accepted if sufficient security is given by the Lessee for the performance of the conditions of the lease.

An Act, No. 24 of 1868, was passed to cancel the conditions of personal occupation, and the provisions for the defence of the Colony attached to grants of land in certain of the Eastern Divisions of the Colony in past years, on the ground that such conditions are irksome and vexatious, and no longer necessary.

The Act No. 4 of 1870, with the view of giving, increased facilities to agriculturists and others of small means to become possessors of land, provides for the survey of agricultural areas of Crown land, in allotments of not more than 500 acres, which allotments will, when surveyed, be open for selection by conditional or absolute purchase.

The following are the conditions upon which the person declared the conditional purchaser of any allotment shall receive a lease : The term to be ten years, commencing from the

first payment of rent. The yearly rent one shilling per acre, or such sum

as may have been bid by the conditional pur

chaser. The rent for the second and each succeeding year

to be paid in advance to the civil commissioner

of the division in which the land is situated. The lessee is bound, within two years of obtaining

the lease, to cultivate at least one acre of every ten acres, or to erect a suitable dwelling-house

thereon. On failure of any of the conditions herein-before

contained, the lease will be forfeited, and the

land and the improvements thereon revert to
Government, but no forfeiture for non-payment
of rent is to be enforced if the rent be paid

within ninety days.
Forfeited leases are to be put up to sale by public

auction within one hundred and eighty days
of forfeiture; and after deducting from the
amount for which the leases may be sold, the
arrears of rent and expenses, the money remain-
ing, if any, will

paid to the lessee or to his
lawful representatives.
So soon as the lessee has made the tenth annual

payment of rent he will, on payment of the
survey expenses and other expenses of title

receive a grant of the land at a perpetual quit-
rent of one per cent. per annum upon ten years
value thereof; but the quitrent chargeable will
in no case be less than ten shillings per annum.
The lessee may at any time pay the rent for the

unexpired portion of his term, and receive a
grant of the land, subject to the above quitrent

The purchase of any such allotment, but subject to
quitrent, may be effected by the payment forthwith of
the whole of the purchase money, at the rate of ten
years annual rent, and the expenses of survey and title.

By Act No.5 of 1870 the Government is empowered
to sell to lessees the lands leased by them under Act
19 of 1864. In case of disagreement the purchase
amount is to be settled by arbitration, the minimum
being a sum equal to the yearly rent capitalized
at 6 per cent. The quitrent is uniformly one per
cent. of the purchase amount. The tenure of lands
so purchased is identical with that under Act 2 of
1860. The following are the conditions of payment
It may be paid in cash, or in three equal annual

instalments; until completion of payment the
lessee shall pay rent under his lease, unless

such be vitiated or expire.
The failure of any payment of purchase money

cancels the contract of sale, and payments
already made are refunded, less 5 per cent. for
breach of contract; the lease then continues
unaffected, as before the proposed sale.
When the whole purchase money has been paid
and there are no arrear payments under the
lease, the purchaser obtains title, and a refund
of six per cent. per annum on all the previous
payments of purchase money. Quit rent com

mences from and after the completion of the The value of industrial improvements is not taken The Act No. 12 of 1867, by which Pasture Licences

into account in fixing the amount of purchase were regulated, expired on the 1st of January 1871.

of purchase money:

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1. The unappropriated Crown lands in this Colony
are now sold in freehold, and by public auction only

2. Unless it is otherwise notified the upset price
will be 4s. per acre, but the Governor for the time
being will have the power to fix such higher upset

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price as the locality or other circumstances may render expedient, of which due notice will always be publicly given. Lands not sold at auction may at any time within three years afterwards be purchased by private contract at the upset price.

3. Persons wishing to purchase will apply, in writing, to the Colonial Secretary, stating in what division the land they wish to have put up for sale is situated, and, as far as practicable, its position, boundaries, and extent.

These applications, after being recorded in the Colonial Office, will be transmitted to the Surveyor General, who, if he sees no objection to the land being disposed of, will call upon the applicant to deposit with him the probable expense of the survey, which expense will be borne by the eventual purchaser.

4. Should the applicant not become the purchaser, the amount deposited by him will be refunded when paid by the eventual purchaser ; but should no sale take place, no refund can be made.

5. Lands offered for sale will be advertised for one month in the Government Gazette, at the expiration of which time they will be sold by public auction.

6. Ten per cent. of the purchase money, together with the surveying expenses, must be paid on the day of sale, and the balance within one calendar month thereafter, in default of which the 10 per cent. and surveying expenses so paid will be forfeited to the Colonial Treasury.--Governor's Proclamation, dated 2d July 1858, and 2d February 1859.*

The charges for measuring lands for Sale or Grant by the Crown vary according to the size and figure of the lot.

For an isolated figure of less than 20 acres it is 31.

For the sub-division of land into lots of less than 20 acres each, there is an additional charge of about 15s. for each lot under five allotments, with a decreas. ing charge for each additional lot between five and 200 lots. The fee for surveying any rectilinear four sided piece of land between 20 and 20,000 acres, ranges from 41. to 35l. 18., according to a scale ascending by 50 acres.

For curvilinear boundaries and figures of more than 4 sides, additional fees are charged.

A law has also been passed, No. 17 of 1861, for the conversion of quitrent tenures into freehold.

In forwarding this law to the Secretary of State, the Governor explained that about three millions and a quarter of acres, called land commission grants, are held under a quitrent of about one sixth of a penny per acre, without any other condition; that 27 grants in the most northern part of the colony containing 107,366 acres, are held by Dutch boers on nearly the same conditions; and that the remaining grants, about 497, containing a total area of about 944,391 acres, are subject to quitrents varying from one farthing to 2}d. per acre, and to the

further condition of occupation, or, in case of nonoccupation, to a fine of four times the amount of the quit rent, in addition to the rent. A Government notice was formerly in force permitting the redemption of the quitrents at 15 years' purchase, but this being found inconsistent with the terms of the Deeds of Grant, which make the quitrent perpetual, the present law has been passed to enable the Government to carry out the measure. It authorizes the Surveyor General to issue a new deed in freehold, on a payment of a sum equal to 15 years' quitrent, and in those cases where occupation is a condition of the Grant, on a further payment of seven years' purchase of the fine imposed for non-occupancy, being equivalent, as the Governor states, to 20 years' additional quitrent. In this class of Grants therefore the redemption price will be equal to 43 years' quitrent. It further appears from the Governor's statement that the redemption money for the Commission land grants would be 28,1681., which, added to 18,7791. already received for quitrents, makes a total of 46,9471. The purchase money, therefore, which would ultimately be paid to the Government for the lands in these grants would be about 3 d. per acre. On a similar basis of calculation, the purchase money for 27 grants to the Dutch boers would be a fraction above 2d., and on the 497 most recent grants 1s. 4 d. per acre.

As by the terms of the law no redemption can take place of any land until all registered mortgages thereon have been paid off, the process of conversion will probably not be very rapid.

Free Grants.* _The conditions on which Grants of land are now made and pastoral lands are let to immigrants are as follows:

“A settler with 5001, capital or an annuitant of 501. a year will receive a Land Order for 200 acres with a 400 acre reserve.

A settler with 2501. capital will receive a Land Order for 100 acres with 200 acres reserve.

A settler with 1001. capital will receive a Land Order for 50 acres with 100 acres reserve,

“ The reserves will be purchaseable at 58. an acre at any time within the first five years.

“ Coast lands, but without any reserve, will be allotted at the rate of one half the above Land Orders to the three classes of capitalists.

"A settler with a competent knowledge of farming, and means to support himself and his family till he can raise his crop, will receive a Land Order for 50 acres, to which a reserved commonage will be attached in localities where this is practicable.

“Grants for the respective Land Orders will not be issued till after two years, and then only on proof of continuous occupation of the land during eight months of each year.

Pasturage licences will be issued for land in class A, terminable at the end of each year.

“ Applicants for Leases of pasturage lands in class B, before 1st January 1873, will be allowed a

* N.B.-The above regulations for the disposal of Crown lands by public auction for cash are suspended for the present.-(Colonial Secretary, March 1873.)

# Naval and military settlers are not entitled to these free grants; but only to their grants under the privileges to naval and military officers, p. 168.


are to contain the reservation of a right of resumption by the Crown for public purposes, and the mode of assessing the compensation for such resumption is defined. The boundaries of blocks are to be run ! as nearly as circumstances will admit in straight lines in the direction of the cardinal points of the compass, the shortest side being about two-fifths of the longest. Surrendered or escheated lands are to be sold by auction, but under special circumstances may be granted to the actual owner on such terms as the Governor may prescribe.

The Governor is also authorized, with the concurrence of his Executive Council, to make arrange ments for the sale of Blocks of Country land of a size and at a price to be determined by him without putting them up to auction.

All lands sold to be liable to land tax from the day of sale, although one year may not have elapsed.

pre-emption over their runs at 5s. an acre; but will not be allowed to purchase less than the whole run.

“Immigrants are allowed a period of 12 months after their arrival in the Colony for the selection of their lands, provided they do not quit the Colony during this period without the sanction of the Lieutenant Governor."

Pastoral Lands. The lands are divided into two classes, A and B, the former being nearer, and the latter more remote from the settled districts.

Government Notice, No. 204 of 1872, provides that any person of European descent may obtain an annual license renewable at the discretion of the Government and terminable at three months notice for a tract of land not less than 1,000 acres nor more than 2,000 acres in extent at a rental of not less than a halfpenny nor more than a penny per acre payable in advance, provided he possesses one sheep for every five acres, or one horned beast for every 25 acres, or the means of acquiring them, or has an interest equal to one half in double that amount of live stock per acre.

Holders of licenses of land in Class B. may obtain a lease for eight years renewable in the discretion of the Government within six months of its termination at a rent to be determined payable in advance. The land so held, or a portion not less than 250 acres, may be converted into freehold on payment of 58. per acre. In cases where the whole of the land leased is not purchased, the leaseholder is entitled to a further lease, at a rent not exceeding one penny per acre, of twice the quantity purchased.

Workable Gold Fields have not been discovered ; but a law (No. 16 of 1869) has been passed to encourage the searching for gold within the Colony. Rewards in proportion to the yield are offered to discoverers who produce a sample of gold of not less than 2 oz, from Crown or private lands in Natal.


West Africa. The regulations for the sale of Crown lands it British Sherbro' are dated the 31st March 1871.

The Crown lands are divided into Town or VElage lots, Suburban lots, and Country tracts or blocks.

Town, Village, and Suburban lots are to contait 3,750 square feet, and are to be sold in such manner as the Governor shall direct, but the ups!! price of Suburban lots is fixed at 10s. per lot

Country lands are to be sold in blocks of not less than 10 acres, or more than 200 acres; but all onoccupied Country lands are to be sold by auction & the upset price of 4s. 2d. per acre.

The boundary lines of all lots and blocks of land are to be run, as nearly as circumstances will per mit, straight, and in the direction of the carita points of the compass. The shortest side of blocks to be about two-fifths of the longest side.

The Governor, with the concurrence of the Executive Council, may at any time, where be tras consider it for the public advantage, make any arrangements he may think proper for the disposa. of Country blocks of land, without putting them up to auction.

SIERRA LEONE. The following is an abstract of the Regulations for the Sale of Crown lands, passed by the Governor in Council and dated 13 April 1864.

The regulations classify the lands into Town or Village lots, Suburban lots, and Country tracts or blocks. They provide for the sale of all land by auction at an upset price for Town lands of 208. per lot (of from 3,000 to 6,000 square feet) for Suburban lands of 108. per lot of the same size, and for Country lands of 48. 2d. per acre in blocks of not less than 20 nor more than 200 acres; the last to be exclusive of cost of survey. They allow the sale by private contract of land offered at auction but not bought, and they require payment of the purchase money in four instalments, one fourth within three months of the sale, and the remaining three fourths at 6, 9, and 12 months respectively from the day of sale.

Failure to make the requisite payments at the specified dates will involve forfeiture of the land, and of the instalments already paid. The Grants

Lagos. There are no regulations at present for the dis posal of land in this Colony.

The FALKLAND ISLANDS, The disposal of land is regulated by Ordinance No. 4 of 1871, amended as to its 13th section by s subsequent Ordinance of 1872.

Ordinance No. 4 of 1871 repeals, save as to exist ing rights and obligations, proclamations dated Sis July 1849, 4th of April 1867, and 21st of Angus 1867, relating to the disposal of the waste lands the Crown (sec. 1).

It directs that Crown lands are to be sold by auction, after notice, and in fee simple. The size of the lots is to be fixed by the Governor and Executive Council. The upset price may not be lower per acre than 100l. for town lots; 21. for suburban lots; and 4s. for country lands (sects. 4, 6, and 9); but the limit of upset price may be varied by instructions of the Queen, through the Secretary of State (sec. 8). Reserves for public purposes are permitted (sec. 5).

Country lands not sold at auction may afterwards be purchased at the upset price, if not withdrawn by the Governor, for subsequent sale by auction (sec. 7).

Licences to occupy for one year sections of 6,000 acres of land for pastoral purposes are granted to settlers on payment of 51. for each section, but holders of two or more sections may obtain licences for two years. Before the expiration of the licence, the licensee, on condition of stocking the land and building a habitable house, may obtain a lease for 21 years, at an annual rent of 61., a section for the first ten years, and 101. for the remainder of the term (secs. 10 and 11).

Within ten years lessees must purchase at the upset price for country lands, current at the date of their lease; a block of 160 acres for each section included in the lease, and are at liberty to purchase at the upset price of the days any further quantity of land they may desire (Ordinance, 1872).

Holders of land are entitled to kill wild cattle on their land (sec. 14, Ordinance No. 4, 1871).

The Ordinance does not apply to lands within six miles of Stanley, or any proclaimed township (sec. 16). PROCLAMATION RESPECTING WILD CATTLE IN THE

FALKLANDS, 5th April 1861. His Excellency the Governor, with the advice and consent of the Executive Council, hereby makes known, that any person holding a Licence or Lease of a Station under the Proclamation of 4th of April 1861, and any person holding a grazing district under the Proclamation of 31st of July 1849, if the same be actually occupied, may obtain a licence to capture and kill Wild Cattle for his own use on the following conditions :

1. Every person shall pay for each ox, bull, or cow captured 14 shillings, and for each calf running with the cow one shilling.

2. Where it appears that the number of wild bulls is excessive, the Governor may grant to any holder of land as aforesaid permission to kill the same on payment of four shillings each.

3. In order to prevent interference among different Licensees, the Governor shall prescribe the limits within which each Licensee may kill or capture Cattle.

4. Every animal captured under these regulations shall be branded with the brand of the owner, which brand shall be registered in the office of the Colonial Secretary when the licence is issued.

5. Every person holding a Licence under this Proclamation shall make a declaration every six months of the number and description of animals killed or

captured by him during the preceding six months, and pay the fees thereon to the Colonial Secretary.

6. The Licence of any person making a false declaration shall be revoked.

7. Every Licence granted under these regulations, and the number and description of animals killed and captured under each licence, shall be published from time to time on the Government Gazette Board.

8. On sufficient cause being shown, the Governor may, if he thinks fit, grant to any person, not being a holder of land as aforesaid, a Licence to kill on Crown lands such wild cattle as he may require for consumption only, on payment of a fee of ll. for each animal.

The Proclamation of the 24th June 1867 relates only to the Crown lands in the West Falkland and Islands adjacent thereto. The Regulations contained therein are substantially the same as the preceding Regulations for the East Falklands, with the following modifications : They withdraw the limit of 6,000 acres fixed for Leases in the East Falkland; they extend the leases from 10 to 20 years; they require the erection of only one house on the land whatever be its extent, and they allow the purchase in a single block of the land which the lessee is bound, during the first 5 years of his Lease, to buy in proportion to the extent of his Grant, i.e. 160 acres to each 6,000 acres leased.

Deposits of 1001. each may be made in this country with the Emigration Commissioners (in

the manner to be learned by application at their office in London) for the purchase of Crown Lands in the Colony, and the depositors will be entitled to nominate for a free passage five adult labourers to be approved by the Commissioners, for every 1001. deposited, provided the whole amount of passage money and expenses does not exceed the sum deposited.


The dependencies are, (1.) The Seychelles islands 34 in number; (2.) Amirantes islands, 11 in number; (3.) The Detached islands, 12 in number; and (4.) The Oil islands, consisting of 11 islands or groups of islands.

The following is the substance of the Regulations for the disposal of Lands belonging to the Crown in the Mauritius and its dependencies passed by the Executive Council on the 21st June 1864.

The Crown lands available for disposal may be sold in perpetuity, or leased, at the discretion of the Governor.

They are to be divided into two classes, viz. : unoccupied and occupied.

Land shall be considered as unoccupied unless proof, to the satisfaction of the Governor, shall be furnished by the holder, of occupation either on his own part, or on that of persons from whom he derives his claim, or on both together, for a period of not less than ten years.

Unoccupied lands shall for the purposes of sale be divided as follows: in Port Louis, into lots not

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