Government Gazette. BYE LAWS FOR THE HUNDRED OF AUCKLAND.

New Zealander, Volume 5, Issue 427, 18 May 1850, Page 4

Government Gazette. BYE LAWS FO R THE HUNDRED OF AUCKLAND.

In pursuance of the powers conferred by an Act of the Legislative Council of New Zealand (13 Viet. Sess. 10, No. 1), intituled "An Act to Regulate the Occupation of Waste Lands of the Crown in the Province of New Ulster," we, the undersigned Wardens (for the time being) of the Hundred of Auckland, do make the following Bye Laws • —

1. Thai all Cattle depastured on the aforesaid Waste Lands of the Crown shall be branded on some conspicuous part of the body with the initials of the owner's. Christian and surname, in letters of not less than four (4) inches in length, in their oidinary position and form, and of corresponding proportions, under a penalty of 7s. 6d. per head for each and every omis sion.

2. That each and every person who shall depasture cattle on such waste lands, shall be assessed, and is and are hereby assessed, for each and every head of Great Cattle, the sum of four (4) pence per month, and for each and every head of small cattle, the sum of one (1) penny per month, and that cattle running for any portion of time within any month shall be chargeable and paid for as if running the entire month. 3. That the assessment hereby made shall be paid to the Ranger of the said Hundred, •within each and every month.

4. That all persons depasturing cattle as aforesaid, shall in the first week of each and every month give notice in wri ".ng, dulysigned by him or her, to the Ranger for the time being of the said Hundred, of the number of cattle then running, and bearing his or her brand, and being bona-Me his or her property ; as also of the number of cattle (if any) hired of or from any other person, and whom, and particulars of the btand any such hired cattle may bear, under a penalty of 40s. for the first omission, and five (5) pounds for every further omission.

5. That in case any person duly licensed, or otherwise lawfully authorized to depasture cattle as aforesaid, shall have in his possession any cattle hired of or from any other person, such other person being licensed or authorized to depasture cattle within the said Hundred, such hired cattle shall be branded with the initials of the Christian and surname of the real owner, and shall be deemed and accounted as cattle depastured by him, under the apportionment made to him by the Wardens ; but in case the person of or from whom such cattle be hired, shall not be lawfully entitled to depasture cattle within the said Hundred, such hired cattle shall be deemed and accounted the cattle of the person hiring the same.

6. That no person shall run any cattle upon the said waste lands, but such as shall be his or her own property, or bona-fide hired by him or her.

7. That each and every person depasturing cattle as aforesaid, shall at all times when required by the Ranger so to do, give in writing or otherwise, as the Ranger may require, full and correct information of the number of cattle running on his account, and whether hired or otherwise ; as also the pait of the Hundred on which, and when turned out, and when and where last seen, and any other information relating thereto which the Ranger shall ask for or require, and any person refusing to give such information, or giving false or evasive information, shall forfeit and pay the sum of £5, for each and every such offence.

8. That any person allowing cattle not bona fide his or her property, or bona-fide hired as aforesaid to ]un in his or her name, or on account of the. apportionment made by the Wardens to him or her, or making any collusive agreement of any kind with a view to impose upon the Wardens or the Ranger, or to defeat the fair and just provisions of the Ordinance above referred to, shall for the first offence forfeit and pay the sum of forty shillings ; for the second offence, four (4-) pounds ; for the third and every further offence, the sum of five (5) pounds.

9. That no entire male cattle, Great or Small, except Bulls, be allowed to run upon any part of the said Waste Lands, without the consent in writing of the Wardens, under a penalty of twenty (20) shillings for each and every offence, and any entire male cattle found upon the said waste lands without consent as aforesaid, shall be deemed and treated as cattle trespassing.

10. That any person woirying cattle by driving them with dogs or otherwise off the said waste lands, or other unenclosed lands not in the lawful oocupation of the person so driving off such cattle, shall forfeit and pay the sum of two (2) pounds for £he first offence, three (3) pounds for the second offence, and five (5) pounds for the third and every further offence.

11. That any person setting fire to or causing any pait of the said waste lands to be set on fire, without the consent in writing of the Wardens, shall forfeit and pay for the first offence, the sum of twenty (20) shillings, and for each and every further offence, the sum of five (5) pounds.

12. That any person running diseased cattle upon the said waste lands shall forfeit and pay for

each and every offence the sum of five (5) pounds, and any such diseased cattle not withdrawn from the run within 24 hoius after notice given to the person whose brand such cattle may bear, shall and may by order of two at least of the Wardens be forthwith destroyed.

13. That any person destroying or impairing in any way any wall, embankment, or fence of any kind, of any enclosed land, whereby the cattle depasturing therein may escape and stiay upon the aforesaid waste lands, or roads within the said Hundred, shall forfeit and pay the sum of five (5) pounds for

each and every offence. 14, That any person rendering the water upon, or flowing through the said waste lands, impure, hy washing linen or clothes of any kind therein, or doing any other act whereby a deleterious or offensive matter be thrown into any wat icourse or pond, shall forfeit and pay a sum of not less than forty (40) shillings, nor more than live (5) pounds'fbr each and every offence.

15. That any person convicted of a third offence against the said Ordinance, or any bye law made in pursuance thereof, he repoited by the Wardens to the Commissioner of Crown Lands, with a recommendation that no future license be granted to such person. Henry Matson, ") George Nicol, >• Wardens. W. Foster. ) Auckland, 13th April, 1850.

Appendix. The Wardens deem it a duty to call especial attention to the 34th, 37th, 38th and 39th sections of the Crown Lands Ordinance, and which sections are hereunder set foith.

34. In case any person liable for the payment of any such assessment shall neglect or refuse to pay the amount due in respect thereof, it shall be lawful for the Wardens or any two of them to issue a Warrant under their hands, directed to some constable, to levy the amount so due by distress and sale of a sufficient pait of the cattle and other goods and chattels of the party liable, in like manner as in case of rent in arrear between landlord and tenant.

37. If any person shall depasture any cattle on the Common Waste Land within any hundred, not being so licensed as aforesaid, or being so licensed shall depasture on such Waste Lands as aforesaid a greater number of cattle than shall have been apportioned to him, every such peison shall be liable to the same penalties and proceedings as are herein provided for the unlawful occupation of Crown Lands.

38. If any cattle shall be found unlawfully trespassing upon any lands or public roads within the limits of a hundred, whether such land shall be fenced or not, it shall be lawful for any of the Wardens of such hundred, or for any person authorized by them, to impound the cattle so trespassing in any public pound, to be dealt with according to law.

39. If any person shall occupy any waste lands of the Crown, either by residing or by erecting any hut or building thereon, or by clearing enclosing, or cultivating any part thereof, or shall fell, remove, or sell the timber growing, or being on any such land, without in either case having a lease or license for such purpose respectively, every such person shall, on conviction for any of the offences hereinbefore mentioned, forfeit and pay any sum not exceeding fifty pounds, to be recovered in a summary way : Provided that no person shall be convicted of any of the offences aforesaid, except on the information or complaint of a Commissioner of Crown Lands, or of some other person duly authorized in that behalf by his Excellency the Governor, or by such Commissioner.