DRAFT RULES AND REGULATIONS FOR THE DEPASTURING OF CATTLE.
OUTSIDE HUNDREDS. Issue of Depasturing Licenses outside the boundaries of proclaimed Hundreds. AU persons requiring licenses for runs on unoccupied portions of the Crown lands, or for portions of the same which they now occupy, shall lodge a description of such run (as near as may be in the form of schedule B. hereunto annexed) with the Commissioner of Crown Lands for the district in which such run is situated. If no objection exist to the applicant being allowed to occupy such run, the Commissioner will thereupon publicly notify that it has been claimed as a run, and he will at the same time publish (in the Government Gazette or in a local newspaper) whenever he has the means of so doing, the name of the person claiming the run and the description of it. No person shall be allowed to dispute the claim of another person to any run described according to these regulations, unless he shall do so within three months subsequently to the date of the publication above alluded to.
From the date of the expiration of the above named period of three months the applicant will be required to pay rent for the run at the rate and in the manner after mentioned, and he will be required to mark, by marked trees or posts, or in such manner as shall be satisfactory to the Commissioner, such boundaries of the run as are not distinctly marked by streams or natural bounda-
ries. Any person who shall have a run, or any considerable part thereof, unoccupied for a period of four months after he shall have claimed the same, shall be liable to be regarded as having abandoned such run or part thereof; and if the Commissioner of Crown Lands shall find it necessary publicly to notify that such run, or part thereof, has been so abandoned, it shall thereupon be given into the occupation of the first applicant for it. So soon after the time at which rent for a run may have become payable under these regulations as the occupant may, in the opinion of the Commissioner have sufficiently stocked the same, he will be entitled to a license to depasture stock upon it for fourteen years, in the form of schedule A. hereunto annexed, and subject to the following conditions. If at any time during the currency of such license, the land comprised therein, or any part thereof, shall be included within the boundaries of any Hundred, the said license shall cease and determine as to so much ofthe land as shall be included within such boundaries from and after the day of the date of the Proclamation by which such Hundred shall be constituted.
If at any time during the currency of such license, the laud comprised therein, or any part thereof, shall be sold by or on behalf of the Crown, then and in that case also the said license shall cease and determine as to so much of the said land as shall be so sold as aforesaid, from and after the day of the date of the Government Gazette in which notice of such sale shall be published. If at any time during the currency of such license the annual fee of five pounds, and the annual assessment imposed by the local Ordinance, No. — entitled which may be due under such license, should not be paid by the holder of it, in the manner and at the same time required by these regulations or the aforesaid Ordinance ; then and in that case the said license shall cease and determine, and the Commissioner of Crown Lands will thereupon be empowered to notify publicly the forfeiture of such license, and to let the run to which it relates by public aucti n to* the highest bidder for a term of fourteen years, subject to the conditions of these regulations and of the before mentioned Ordinance.
No such license for fourteen years will be granted to any applicant for a run until he shall have paid all arrears of rent. In the event of any dispute arising between two or more claimants regarding the boundaries of their respective runs, it shall be in the power of the Commissioner of Crown Lands to make such alterations in the boundaries of their runs, or of any of them as he may, upon enquiry, judge to be just and expedient. Every proper facility will be afforded for the acquisition of homesteads on their runs, not exceeding eighty acres, to persons who may be desirous of purchasing the same; but the Government will not undertake to survey and offer for sale any smaller block than fifty acres of land.
Whenever it becomes necessary to qjfer for sale by public auction any homestead' of the occupier of a run under a license for fourteen years, on which he has made improvements, such improvements will be valued by two arbitrators, appointed respectively by the Government and by the lessee, or by an umpire chosen by them, and the homestead will be offered for sale at a price made up of the upset price of the land and the value of the improvements. Should the holder of the license not become the purchaser, the value of his improvements, estimated as above, will be paid to him immediately after the sale. But should there be no bidding for such homestead, the holder of the license will be required to purchase the land at the upset price immediately after the sale. Should he not do so, the Government will at any time sell the homestead at the price at which it shall have been last offered to the holder of the license, or at any higher price which it may judge expedient. J 5 ISSUE OF TIMBER LICENSES. Persons occupying waste land of the Crown lor the purpose of cutting timber will be required to pay a fee of five pounds yearly to the Crown upon the issue of the license. Ihe Commissioner of Crown Lands will determine the extent of land to which such license shall give a right of occupancy, and the licenses are only to have effect within the district specified in them. .No fresh applicant for a license will be permitted injuriously to interfere with a portion of forest upon which any other person may have expended capital and labour.
In the event of any occupant of ' of forest upon which he may l lave 8 ? or fion any considerable sum in the or improvements to facilitate the r ° limber, wishing to resign his if in the consideration of the Com’ ’ he should be regarded as having claim to this indulgence, be permitted t * fer his license and right of pre.occun° such person as he may select. " anc y to All applicants for timber licenses , dress their applications to the Cornni‘ • of Crown Lands, stating their names J? 5 ' sidence in full. ** r e« When the application has been apnrov.j. will be. forwarded to the Colonial T re ' |l! by whom, upon payment of the require??'' the license will be issued. ee i No person wil be allowed to ent or r timber on or from the Crown lands have been reserved by Government for ? public use. 11! The form of timber license will be a ing to schedule C. hereunto annexed 01
GENERAL. All annual licenses to be drawn so as expire simultaneously on the last day of m year. Licenses applied for after the Ist J Une ; each year will only be chargeable with half' the usual fee. Licenses, excepting those within hundreit to be signed and issued by the ColonialTrei surer, upon payment of the proper fees. No license will preclude the Government from including within a hundred, or sellm or will in any way affect the rights of fo Crown to, land.occupied in virtue of suth licenses. All disputes between holders of licenses In. ving reference to depasturing stock, or cutting timber, shall be heard and decided ? the Commissioner of Crown Lands, who b authorized by the Crown Lands Ordinances charge, .at his discretion, to the party against whom his decision shall be made, a fee of five pounds. Licenses for depasturing purposes can It be transferred from one person to another with the authority of the Government previously obtained through the Commissioners! Crown Lands. These regulations are not intended toaffert any rights already acquired by occupantsa purchased land to depasture upon Cron Lands in their vicinity a certain guaniityt cattle in proportion to the extent of putAi sed land which they may occupy, whelk such rights have been acquired under regu'itions issued by the Government or by lb New Zealand Company. SCHEDULE A. FORM OF LICENSE. Whereas of to made application for a License to depasture Staci upon the waste lands of the Crown within the Dir trict of (Boundaries), ant has this day paid into my hands the sum of i I do hereby license the sail to depasture Stock up® the said land for the term of fourteen years fna date hereof, subject nevertheless to be sooner fr termined, pursuant to the provisions of the Croc Lands Ordinance, Sess. , No. , and of therega* latious under which this license is isssued and ll be cancelled as by the said Ordinance and regob tions is provided. Dated this day of Signed
SCHEDULE B. Description of a run on the waste lands of the Croft claimed by Situation Boundaries Estimated extent Number and description of stock kept upon * run. (SignatuiM SCHEDULE C. Timber license to at ~ Permission to cut, saw, split, and remove tanon and from the waste Crown Lands at , e| within such limits as may at any ti® assigned by the Commissioner of Crown subject to the provisions of the Colonial Or and to the provisions of such rules as may ’ ; made by his Excellency the Governor in con with the terms of the above-mentioned Or l , is hereby granted to by direction of the G Colonial Wj, N.B.—lf the holder of the above license s travene or violate any order or regulaW Government made with respect to any 01 poses for which this license is B rante , LijrM vernment reserves to itself the power o* the license of any such person so °“ en . th* cancelled, and such license shall ® e , Ljjii come null and void, and shall not be p' justification of any offence committed ag provisions of any act relating
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New Zealand Spectator and Cook's Strait Guardian, Volume VII, Issue 609, 4 June 1851, Page 4
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1,749DRAFT RULES AND REGULATIONS FOR THE DEPASTURING OF CATTLE. New Zealand Spectator and Cook's Strait Guardian, Volume VII, Issue 609, 4 June 1851, Page 4
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