MEMORANDUM UPON THE DUTIES OF WARDENS OF PROCLAIMED HUNDREDS.

New Zealander, Volume 5, Issue 399, 9 February 1850, Page 3

MEMORANDUM UPON THE DUTIES OF WARDENS OF PROCLAIMED HUNDREDS.

As the pravirom lecently enacted by the Colonial Legislature in respect of Proclaimed Hundreds are nowi for the first time, to be carried into practical effect, I think it might prove of some advantage to the Wardens, upon whom will principally devolve the execution of sucli provisions, to h,ive submitted to them a few explanatory observations upoa the chief point* which are likely to cognge their attention. It trill facilitate the consideration of this subject to bear in mind the following four important enactments of the Crown Lands' Ordinance (No. 1, Sess. 10) in respect of Hundreds. First— .That the Wardens have power — for the pur* poie of providing for the safety of the CatUe to be depastured within any Hundred, for improving the run, for preventing the intrusion of Cattle, or the depasturing of more cattle than may he duly apportioned— -to make, from time to time, Bye Laws (subject to the Governor'! aisent and not being repugnant to the Ordinance) imposing; penalties not exceeding Fjve Pounds each, summarily recoverable, for % breach of the Sams,

Second — That the Wardens have power to impound, perionally or by deputy, all Cattle trespassing upon any lands, or public roads, whether enclosed or not, within their Hundreds. Third— That all persons depasturing Cattle upon common Wa te Land, without a License» or, being ' Licensed, exceeding the number duly allotted to them, are liable to the same penalties at for the unlawful occupation of Crown Land — that is, any sum not exceeding Fifty Pounds. Fourth— The provision of funds, for carrying the Ordinance into effect, from the fees fur Depasturing Licemes, as also from an Assessment leviable at the option of the Wardens. The chief object which the Wardens will first naturally desire to effect, is the total exclusion of all unlicensed Stock from Commonage of Pasturage over the Waite Lands, as well as the prevention of pasturage of Stock in excess of the number duly allotted to Holders of Licenses respectively. The attainment of this object will, I think, be most successfully gained by tbe adoption of the following measure* :— lit. The appointment of a paid Ranger, whose express duty it shall be to traverse the Hundred, frequently and at uncertain peiiods— to report to the Wardens all irregularities and complaints brought under his notice, and to impound, under their authority, all Cattle found trespassing upon the Common Lands. The most economical mode of employing a Ranger will b j , when practicable, for two contiguous Hundreds to appoint one conjointly, each sharing equally the cost of bis services. 2nd, The registry of all brands aDd names of owners of Cattle, within the Hundred, whether Holders of Licenses or not. All owners of Cattle, unbranded or with Unregistered branda, to be liable to a fine. This could be effected by a Bye Law. 3rd. The summary impounding of all Cattle tres • passing upon the Waste Linda, or Public Roads — and the prosecution of their owners, when practicable. Having thus adopted me?sures to obviate the treipass of Cattle, the next consideration for the Wardens will be to determine the description, and to apportion tLe number of Cattle to be depastured upon the Common Lmdi. Under the 29th clause the Warduns are empowered to allow unlicensed owners of land a right of pasturage over the Wa»te Lands in propor'ion to the quantity of unenclosed land belonging to such unlicensed persons. Before, however, this prmlege is granted it will be expedient for the Wardens to obtain from persons desirous of its enjoyment their written consent to add ■uch unenclosed land, lor pistoral purposes, to the g'neral stock of Common Waste Land in the Hundred —and to submit to such rules, in reference thereto, as tbe Wardens m»y duly make. The Wardans will then be in a position to calculate the pastoial opabiliiy of tbe aggregate amount of Common Land, and to determine the description and number of Stock to be depastured thereon by each of those who are entitled to that right—" regard being had," in the words of the Ordinance, " to the quantity of land occupied by each such person, or to the ptice or »urn per acre which may have been paid into the Public Treasmy, or to such other general rule as the Wai dens may deem belter suited to the condition of the Hundred." An importait point in connexion with this apportion* ment is whether Stock to be depastured upon Common Land under Licenses, must be the bona fide prope.ty of the Licensee or not — as also whether Licenses are transferable ; but, in reference to these and other points of a similar nature, the local knowledge and experience of the Waiden9 ot the several Hundreds will best quali r y them to regulate the whole subj°ct of apportionment upon such principles as may be most equitable and beneficial to the various interests of e.ch. Between contiguous Hundreds, whose common boundaries are merely rottds or survey lineß, it will probably be, at first, impossible altogether to prevent Cattle trespassing— from one into the othei— but 1 think by a mutual arrangement of the Wardens of ench of such Hundreds, this evil may, if not wbol'y obviated, be reduced to an insignificant degree. To facilitate this object the Wardens might cause the boun' anei of Hundreds, where natuial boundaries, fluch as streams, &c, do not exist, to be rendered easily discernible by line* of marked trees, by posts placed at intervals, or by lome other convenient methd. The provision of funds necessary for the efficient fulfilment of their duies, also forms a subject for tbe consideration of the Wardaus. The ftei already received by me for Depasturing Licemes, and which it will be my duty to hand over to the Wardens, will constitute a part of this provision. Should the Wardens consider that amount insufn* cient for the purpose, the Assessment, which, as I have already observed, they are empowered to levy upon the Cattle depastured upon the Waste Lands of the Crown, will enable them to mnke up the deficiency. Probably the best mode of levying (if necessary) such an assessment will be to requite returns by a certain date, of the number and description of Stock depastured upon Crown Lunds, and then tohive noticei ssrved upon the parties liable, calling on them to pay thf amounts due within « specified time. The Bye Laws will, I conceive, afford to the Warde; s the most effective means of tecuriug the correctness and punciuality of these returns. The 34tli clause of the Ordinance enables tbe Wardens to recover tLe Assessment due fnm persons neglecting or refusing to pay the same— by distress, as i« case of rent iv arrears between landlord and tenant. The Wardens, by the 36th clausp, must account, in a book kept by them for that purpose, for all monies received and paid by them under tbe Ordinance, and furnish such book at tbe close of their year of officr, to the Commissioner of Crown Lands, for publication in the Government Gazette; and must pay over to their successors any balance of money in their hands. They must also conform to such ruks regarding the •pplication of those monies, as the Governor may from time to time make. Thus, the exclusion of external trespass, internal regulation of the right of pasturage, and the provision of necessary funds, having been practically secured, little ebe remains for the attention of the Wardens, but to exercise their executive and financial powers, with that impartiality of justice and economy of expense which, combined with a constant supervision over the whole By«tern, will be so essential— • especially in an experiment of this kind — to the success and beneficial results of its operation. W. Gisbobne,, Commissioner ot Ciown-landa. Commissioner of Crown Lands' Olfice, Auckland, 6th February, 1850.