The New=Zealander.

New Zealander, Volume 5, Issue 380, 5 December 1849, Page 2

The New=Zealander.

Me just and fear not: Let all the ends thon aims't at, be thy Country's, Thy God's, and Truth's.

WKD N E SDA YfVlfc EM UE It 5, 1 8 !• 0

It being now so near the date — (the first of January) — before which those who desire to avail themselves of the privileges of the Crown Lands' Ordinance with respect to the depasturing cattle on the Waste Lands of the Crown within hundreds in the Province of New^Ul&ter, must take out licenses, it may be expedient that we should recapitulate the provisions of the Ordinance in relation to that branch of its operations, and to point out the advantages which, we conceive, may be derived through them. The enactments on the matter are comprehended in the third section — (clauses 19 to 38) — of the Oidinance (No. 1.) passed at the last Session of the Legislative Council. The chief of these are as follows. First as to Licenses : — the right to depasture cattle on the waste lands of the Crown within any hundred is to be enjoyed exclusively by persons who take out depasturing licenses, all others who do so being subjected to a penalty : — the parties qualified to obtain such licenses are occupants of land held under Crown Chants, Enrolled Pensioners, and Natives or Half-castes holding land within the hundred with the permission of the Government : — the licences are to be procured by application to the Commissioner of Crown Lands before the first of January in each year, on payment of a fee of ten shillings and sixpence, (which is to be afterwards handed over to the Wardens of the hundred). Next, as to Wardens: — the persons who have obtained licenses (a list of whom is to be published in the Government Gazette) are authorised to elect from among themselves, (in a meeting to be called by the Commissioner) three persons to be calJed " Wardens," who during the current year shall have the regulation and apportionment of the right of pasturage within the hundred. More specifically, they are to possess the following powers : — ]. — The Apportionment of the Number and Description of all cattle to be depastured upon Crown Lands by holders of Licenses ; as also, by unlicensed persons, in pioportion to the quantity of unenclosed land held by them. 2.— The enactment of Bye-Luws (subject to the assent of the Governoi), for pioviding for the safety of the Cattle, and for the iinpiovcmcnt of the Hunt impoiing penalties not exceeding Five Founds. 3.— Tho levy of an Assesunent upon Stock depastured on Crown Lands, at a late not exceeding For every head of Great Cattle .. .. ss. Od. " " Small Cattle .. .. Is. Od. 4. — The application oi such Assessment, as also of all Fees for Depasturing Licensei, towards the erection of Pounds, appointment of Hangers, and otherwise carrying into effect the powers they (the Wardens) possess. s.— The power of Impoqndinp all Cattle trespasuinff upon any landß, or public roadi, whether fenced or unfenced, in each Hundred.

The Wardens ate to keep an account of all their receipts and expenditure, a copy of which is to he furnished to the Commissioners for puhlication in the Government Gazette, and any balance that may remain in their hands at the close of the year is to be transferred to their successors in office. On a review of these enactments it will he seen that the exclusive use of Crown Lands within the hundreds is given up to the occupants of land in those hundreds respectively, with the two-fold view of securing to them the fullest and most beneficial enjoyment of the right of pasturage over such lands, and also of preserving their unenclosed properly from those acts of trespass and intrusion which heretofore have been so frequently and justly complained of, and have proved such prolific sources of mutual injury and discord between neighbouring settlers. Besides, — during last year, in the absence of any legislative enactment on the matter, it was impossible altogether to prevent the trespassing of cattle belonging to unlicensed persons ; but the powers which this Ordinance will vest in the hands of the Wardens — especially the power of impounding any cattle trespassing upon unenclosed land, — will fully enable them, during the approaching year, to exclude those who have not taken out Licenses from a participation in the benefits to which the holders of licenses will be entitled. It is further to be noted that the Ordinance not only confers upon the Wardens important powers, but also provides for their obtaining, from the imposition of obviously equitable charges, such pecuniary supplies as will be necessary to enable them to cairy their authority into both stringent and salutary operation. It will be seen that the scheme is — so far as it goes — an extension to the occupants of land of the privileges of unfettered selfgovernment. By a suffrage which, as respects the holders of Licenses, is universal, officers are to be chosen who will be invested with powers adequate to the efficient regulation of the depasturing concerns of the locality in which their constituents are immediately interested, and moreover, with special authority to apply the sums raised by the fees or licenses, and from the other sources directed by the Ordinance, for the benefit of their several districts, in such ways as they may themselves deem most advantageous. That this was contemplated in the original constitution of the measure, appears from the observations of the Colonial Secretary, who said (on moving the second reading of the Bill), — "This was suiely one important step towards the introduction of the settlers to the practice of managing their own affairs. It was a matter of the greatest moment that colonists should be led to take an inteiest in the welfdie of Iheii own locality ; — that they should be taught how to expend and control their own public contributions foi their benefit. It was the acknowledgment of a wise piinciple, and one that he hoped ere long may be more geneially adopted." We may add that, the question being one in which every settler within the Hnndreds has more or less directly, a personal concern, it is obviously obligatory upon the electors to choose as Waidensmen whose local expetience, integrity, and general intelligence will aflbid a sufficient guarantee for the proper performance of the important duties which will devolve upon them, and the satisfactory attainment of the beneficial ends contemplated by the Legislature, in a measuie which obtained such careful consideration in the Council. As we have already intimated, it is requisite that the applications for Depasturing Licenses should be made at the office of the Commissioner of Crown Lands, before the Ist of January, 1850.