the conditions to which the applicant is ready to submit, and whether or not he consents to the minimum prices of Article 39; there shall also be annexed the necessary information to enable the estate to be identified and to ensure the carrying out of the contract. SECTION III. Of the Concession of Land in the Province of 54. The sale of State lands in the province of San Thomé and Principe is governed by the legislation of the metropolis which is applicable to the alienation of national property. SECTION IV.-Concessions in the State of India. Chapter 1.-Of Leases. 55. In India leases shall not exceed the period of five years in the case of urban property, nor of twenty years in the case of rural property. The following are exempt from leases: the lands of serodio and Vangana, cultivated by the Goacares and Ryots in the province of Satary and in the "torofo" of Cotigao, in the province of Canácana; to these lands the legislation in force in the State of India shall continue to be applied. 56. All leases shall be put up to public auction, and shall be governed by the Civil Code, except when modified by the following Articles. 57. Concessions of uncultivated lands shall be governed in the State of India by the law there in force. 58. The rent shall be paid annually in money at the rate of 100 reis per hectare, until the official classification has been made. 59. The rents of State property in India become subject to prescription after a lapse of ten years, but proprietary rights are barred by no limitation. 60. Lease contracts shall always specify the purpose to which the property is destined, i.e., whether for residential, agricultural, industrial, or commercial purposes; and no other use thereof shall be lawful without the express sanction of the Government. 61. Registry by the tenant is obligatory for leases extending over four years. 62. The right to sublet State lands is not to be presumed; it must be stated expressly in the deed of lease. 63. The exploitation of woods and forests shall be governed by special regulations. 64. It is the duty of the Deputy Attorney for the Crown and Inland Revenue of the judicial district concerned to bring before the competent tribunals the actions necessary to ensure the effective exercise of the rights of the State. 65. Leases for rural property made in the State of India before the promulgation of this Law shall continue to be governed by the respective contracts. 66. In new leases made by public auction the old tenants have the preference, other circumstances being equal. Chapter 2. Of those who may receive Concessions by Lease. 67. All persons competent to receive concessions by the terms of this Law are qualified to take State property upon lease. SECTION V.-Of Concessions of State Lands in the Province of Cape Verd. 68. The provisions of Article 429 of the Administrative Code of 1896 and its paragraphs shall be applied to concessions of State lands in the province of Cape Verd, with the modifications contained in the following Articles. 69. In all concessions of uncultivated land the concessionnaire shall be compelled to plant not exceeding ten trees per hectare in every year until he has planted an average of fifty trees. 70. The Land Commission shall superintend the compliance with the obligation set forth in the foregoing Article, and shall indicate the class of trees for each township according to the nature of the soil. 71. In order to facilitate the carrying out of the preceding Article, there shall be established in the islands of San Thiago, Santo Antão, and Brava a nursery for trees adapted to the conditions of that region; the seeds, plants, and cuttings being supplied free of cost in sufficient quantity for planting. (1.) The expense incurred in carrying out the provisions of this Article shall be borne by the province. (2.) The amount of the grant for this service shall be fixed by regulations; the distribution of such amount shall be the duty of the agronomist of the province, who shall be under the supervision of the Land Commission. 72. All concessions of uncultivated land in the province of Cape Verd shall be granted by the Governor of the province, on a proposal of the respective Municipal Chamber and a report of the Land Commission. 73. The first task of the Commission shall consist in separating, in accordance with the Municipal Chambers, that part of the land which shall continue to serve as common land from that which may be alienated. §. This work having been completed they shall proceed to the division and demarcation of the alienable part of the uncultivated lands in lots corresponding to the number of neighbouring families. 74. On a proposal from the Municipal Chambers and duly reported upon by the Land Commissioners, the Governor of the province shall cause to be effected the registry of the State lands, divided into lots representing the share of each neighbouring family, which share shall never exceed the maximum of 250 hectares fixed by Article 24. 75. The Governor alone can grant, and that by perpetual lease, concessions of the uncultivated lands to which this chapter refers, and the price shall not be less than 100 reis per hectare, which may be reduced or redeemed in the terms of this law. 76. When the head of a family does not wish to take by lease and at the fixed price the shares of land allotted to him in this division, the lot shall be put up to public auction. Those lands which after the division has been made remain vacant shall be dealt with in the same manner, and always in accordance with the terms of the present law. 77. The minimum price of 100 reis per hectare is provisional, and will be adhered to until the official valuation is made. SECTION VI. Of the Lands held from the Crown in the Province of Mozambique and Guiné and in the autonomous District of Timor. 78. The territorial circumscription of the lands held from the Crown, declared existing by the decree of the 18th November, 1890, and which may be let at the date of the publication of this law, shall be maintained. In the terms of the same decree, the Government is authorized to extend to the rest of the province of Mozambique (with the exception of the district of Lourenço Marques, military district of Gaza, and lands under contract with the State), the division into Crown holdings and the lease thereof, taking into account (a.) The population of each circumscription; (b.) The local influence of the native chiefs; (c.) The maximum limit of 50,000 hectares for each circumscription. 79. The law for the lands held free from the Crown is established by the decree of the 18th November, 1890, with the following modifications: (1.) The provisions of sections 1 and 2 of this law are applicable to the leases referred to in Article 5 of the said decree; (2.) The general supervision of lands held from the Crown established by Article 2 of the said decree, and the superintendence of the said lands mentioned in the decree of the 15th July, 1896, shall be substituted by the Land Commission established by Article 40 of this Law, to whose president the staff employed in the administration of those lands shall be subordinate; (3.) To the tenants of "mussoco" and tenants of lands held from the Crown, the provisions of sections 1 and 2 are applicable; (4.) The leases for lands held from the Crown authorities by the present law, as well as their renewal with respect to lands of the first group, established in Articles 3 and 4 and § 1 of the Decree of the 18th November, 1890, shall always be granted by public auction, due regard being had to the right of preference granted in Article 35 in favour of the old tenant. 80. The Government is authorized to extend to the province of Guiné and to the autonomous district of Timor the division into Crown holdings, in the terms of the preceding Article, it being, however, understood that in the continental portion of that province and in the district of Timor the ground rents are not redeemable. 81. The areas of Crown holdings in the province of Guiné and Timor shall not exceed 25,000 hectares. 82. The Governors of the provinces of Mozambique and Guiné and of the district of Timor shall draw up the regulations necessary for the execution of the decree of the 18th November, 1890, in harmony with the provisions of this law, submitting them to the approval of the Government. SECTION VII.-General Provisions. 83. All concessions suspended by the decree of the 27th September, 1894, are considered null and void. 84. The acts and contracts made by concessionnaires or societies contrary to the provisions of this law are annulled, and through the cancellation thereof no responsibility of any nature or under any pretext whatsoever shall fall on the State. 85. The Government and Governors of the provinces and districts are expressly forbidden to execute any provisional acts or contracts with regard to State property in contravention to this law. Any such acts which may be so executed are null and do not constitute a right to any action or compensation. 86. It is within the sole competence of the Government to extend the limit of time of concessions granted to existing colonial companies, as also to make any alteration in the decrees sanctioning the said concessions. 87. The Government shall present annually to the Cortes, at the commencement of each Session, a detailed statement of all concessions granted during the previous year, either by the Government or by the Colonial Governors, as also the reports of the Government Commissioners attached to the Colonial companies. 88. The Government is hereby authorized to issue a code of rules for the due execution of this law. 89. All laws contrary thereto are hereby revoked. We therefore ordain that all the authorities, to whom the knowledge and execution of the said law appertains, shall fulfil it and cause it to be fulfilled and complied with as fully as is therein contained. The Minister and Secretary of State for the Department of Marine and Colonies shall cause the same to be printed, published, and put into circulation. Given at the Palace of Necessidades on the 9th day of May, 1901. ANTONIO TEIXEIRA DE SOUSA. THE KING. |