REGULATIONS FOR tiie DISPOSAL, SALE, LETTING AND OCCUPATION OP THE WASTE LANDS OE THE CROAVN IN THE PROVINCE OE CANTERBURY :
AS AMENDED. 1. A LL Regulations now in force in the ProJ\. vince of Canterbury for the sale, letting, disposal, and occupation of the AVaste Lands of the Crown are hereby repealed. ' 2. All such AA'astc Lands shall, from and after tlie day on which these Regulations shall come into force, be sold, let, disposed of, and .occupied according to these Regulations, and not otherwise. 3. Every Act which tbe Superintendent is hereby authorised or required to perform he shall perform solely in accordance with the advice of, his Executive Council for the time being, and such advice shall be recorded on the minutes ofthe Council. II.—THE WASTE LANDS BOAHI>. 4. Tliere shall be established a Board to be called the AA'aste Lands Board, to consist, of one Chief Commissioner, and of not less than two nor more than five other Commissioners, all of whom (except such one as shall be appointed to act as Treasurer) shall be appointed and be removable by warrant under the hand of the Superintendent. 5. One member of the Waste Lands Board shal also be the Treasurer thereof, and such member sliall be appointed and removable by the Governor. 6. The Waste Lands Board shall sit at the principal Land Office ofthe Province, at certain stated times to be determined by the Superintendent, and shall also sit for special purposes at such places and at such times as the Superintendent shall direct; of which sittings due notice shall be given in the Provincial Government Gazette, and one or more newspapers published in the Province. 7. The Chief Commissioner when present, and m liis absence then some member selected by those present at any meeting of the Board, shall preside thereat, and shall have" a casting vote in all questions coming before the Board. 8. All questions coming beforo the Board shall be decided by a majority of the Commissioners present thereat. 9. All meetings of the Board shall be attended by at least three Commissioners, and shall be open to the public. 10. All applications for Land and for Pasturage and for Timber Licenses shall, after hearing evidence when necessary, be determined by the Board at some sitting thereof. 11. Tlie Board shall have power to hear and determine all disputes between the holders of Pasturage and Timber Licenses respecting the, boundaries of runs and districts, and sliall have and exercise all the powers wliich may be lawfully had and exercised by any Commissioner of Crown Lands, um}er the provisions of the " Crown Lands Ordinance, Ses:<- X., No. 1 •" and the " Crown Lands Extension Ordinance, Sess. XL, No. 10." , 12. All the routine business of the Land Department shall be transacted by the Chief Commissioner, subject to such regulations as may be made by the Board in that behalf. 13. A book to be called the "Application Book" shall be kept open during office hours at the Land Ofiice, in which the name of every person desiring to make any application to the Board shall be written in order by himself or any person duly authorised on his behalf. And the Commissioners shall, during the sitting of the Board, consider and determine all applications in the order in which they shall appear in the application book. Provided that if any person shall not appear himself or by some person duly authorised on his behr.'f before the Board when called in his turn, his app.l.-afion shall be dismissed until his name shall appear again in the Book in order. Provided also that if two or more pei-sons sliall apply at the same time to write tht:'l names in the Application Book the Chief Commisvoner sliall bracket their names, and sliall initial the bracket; and when they shall appear before the Board, the Board shall determine the priority of right to be hard by lot: And it shall not be lawful for the Board to hear any application except such as shall be made in accordance with this regulation. ~ . 14. The Board shall keep true and detailed] minutes of all applications made to the Board, and all decisions thereon, and of all sums of money paid to the Treasurer, and generally of all the proceedings of the Board; and such minutes sliall be sigL^d by all the Commissioners present at any meeting. And such Minutes shall be open to the inspection of all persons desiring to inspect the same, at all reasonable hours, on payment ofthe sum of two shillings and sixpence for every such inspection. 111.—SURVEYS. 15. There shall be a Chief Surveyor who shall be appointed and removable by AVarrant under the hand of the Superintendent, and as many I distant Surveyors as shall be necessary, who shall oe appointed and immoveable by the Superintendent upon the recommendation ofthe Chief Surveyor. 16. All surveys shall be conducted in such manner as the Board by any regulations to bo made in that behalf shall direct. IV.—THE LAND REVENUE. 17. All payments to be made in respect of land shall be made to the Treasurer of the Board during the sitting thereof, and the Treasurer shall then upon give receipts for the same. 18.—By the 62nd clause of the Constitution Act the Governor is authorised and required to pay out of the revenue arising from the disposal of the Waste Lands of the Crown all the costs, charges, and expenses incident to the collection, management, and receipt thereof; and also to pay out ofthe said revenues fiuch sums as shall become payable under certain other provisions therein contained. The Treasurer of the Waste Lands Board shall, therefore, pay out of all the funds coming into his hands under these regulations all such sums for the above-named purposes, in such manner and to such persons as the Governor .shall direct. V.-—PUBLIC RESERVES. 19. Reserves for the uses ofthe Provincial Government and for other public purposes may, upon the recommendation of the Provincial Council, be made by the Superintendent; and sliall not be alienated from the specific purposes to wliich they sliall have been severally dedicated, except under the provisions of on Act of" the General Assembly, entituleil the " Public Reserves Act, 1854;" and a full and complete description of every such reserve and of' the purposes to which it shall have been dedicated sliall, as soon as possible after it shall have been made, be published in the Government Gazette ofthe Province, and set forth on the authenticated maps in the Land Ofiice. Provided that the Superintendent may, if the Provincial Council be not then sitting, temporarily reserve land .for such purposes until the next session of such Council. ) j2O. Reserves for public highways, bridle-paths, and foot-paths, shall be made by the Superintendent, and shall be set forth on the authenticated maps m the Land Office. Tbe Superintendent and the Provincial Council inav by Ordinance alter the line of any such liigliways, bridle-paths, and foot-paths, and dispose ot the land theretofore used for the same. ' 21. The Superintendent may temporarily reserve any land for the preservation or sale of the timber thereon; but such land may at any time cease to,be so reserved upon a resolution of the Provincial Council. , , 22. The Superintendent may, upon the recommendation ofthe Provincial Council, by proclamation in the Government Gazette, reserve from the operation of these regulations any tract of country in which the precious metals may be found to exist: and the land within such tract of country shall be disposed of according to regulations hereafter to be issued and published in that behalf; in the same manner and under the same authority as these present regulations. ; . VI.—TOWN LANDS. 23. Tlie sites of towns shall be determined by the Superintendent, upon the recommendation of the Provincial Council, and shall be notified by proclamation in the Government Gazette of the Province.
24. Town Lands shall be sold by public auction, in sections, the size and upset price of wliich shall be determined by the Superintendent and the Provincial Council ; anc'l having been so determined, for each town severally, shall not again be altered. 25. The time and place of every auction sale shall be fixed by the Superintendent, and shall be notified in the Government Gazette, and one or more newspapers of the Province, at least thirty days before such sale shall take place". . ] 26. No such notification of any sale of tovvn lands shall be published until a map ofthe town, signed by the Chief Surveyor, shall have been laid open for public inspection In the Land Office; and such map shall set forth, accurately delineated, all the town sections numbered consecutively, so far as laid out, showingthe sections to be submitted for sale, and the public reserves in connection with them. 27. Town sections may be put up to auction, either by order of tlie Superintendent, or upon the application ot some person who shall, at the time of making such application, deposit ten per cent; of the upset price with the Treasurer ofthe AVaste Lands Board. Such deposits shall, if no advance on the upset price ne made, be considered as the deposit upon the sale at such public auction. 28. If any section sliall be purchased by other than the original applicant, the deposit money shall be forthwith returned on demand. 29. Ten (lavs at least before any sucK auction sale, a list of all the sections about to be offered for sale shall be published in the Government Gazette, and one or more newspapers ofthe Province. 30. Every auction sale of land shall be held by the Commissioners in open court as hereinbefore pro- ■" 3*l ' Tlie person who shall be declared the highest bider at such auction shall immediately pay a deposit often per cent, of the-purchase money to the treasurer, and in default thereof, the section shall be again immediately put up to auction. , naid to the Treasurer in full, within one week after it 2. t The remainder • pfthepurehase money shall be
the day of sale: and, in default thereof, the purchase sliall forfeit his deposit money, and also all right or title to the land; and the section maybe sold to any person applying for the same for the price at which it was knocked down at the auction; and, if not so sold, the section may be again put up to auction at any future sale. 33. Upon payment of the purchase money in full, the purchaser sliall receive from the Commissioners a " License to Occupy," in the form set forth in Schedule A to the Waste Lands Regulations, and such License shall be restored to the Commissioners upon receipt of a Crown Grant of the land purchased. VII. —RURAL LAND. 34. All lands not included in any of the foregoing regulations shall be open for sale as rural laud, at an uniform price of forty shillings per acre. 35. Save as hereinafter provided, no section of Rural Land shall be sold, containing less than twenty acres; but any section so limited by frontage lines or private lands as to contain less than twenty acres may be sold by auction at the upset price of forty shilling's per acre; the time and place of sale, and the mode of sale, and payment of purchase money to be as nearly as may be in accordance with the regulations herein contained applicable to the sale of Town Land. Prowled, nevertheless, that if any section so limited shall be included in a Pasturage License with Preemptive Right, the holder of such License shall be entitled to exercise such Pre-emptive Right under these' Regulations upon payment of the sum of forty pounds for such section. 30. Every section of rural land shall be ;n one block, and, except as hereinafter provided, of a rectangular form, and if bounded by a frontage line, shall be"of a depth of half a mile (or '40 chains) from such frontage. Note. —a frontage line shall be taken to mean the boundary of a road, river, or public reserve, or any stream or watercourse which shall have been declared by notification in the Governmeut Gazette to constitute a frontage for the purpose of selection. 37. AVhere, from the frontage not being a straight line or from the interference of other frontage Hues, natural features, or the boundaries of private lands, the above rules in respect of form cannot be accurately observed, the form of the section shall be determined as nearly in accordance with these rules as, in the judgment ofthe Board, circumstances will admit. 38. In sections of lands not adjacent to or bounded by a frontage line, all the sides may be equal, but one side may not be less than one-third ofthe other; and such section shall not be less than half a mile distant from a frontage line. 39. Any person possessing a section of land may at any time" select another adjacent thereto, of such form that the two together, being considered as one section, shall be in the form required for a single section under the foregoing rules. 40. Immediately on the payment of the purchase money, the purchaser shail receive from the Commissioners a " License to Occupy," in the form set forth in the Schedule B hereunto annexed; and as soon thereafter as conveniently may be, the land shall be ! laid oft" by a Government Surveyor, as nearly in accordance' with the description given by the purchaser in his application as these regulations will admit; provided that whenever the lands selected lie without the surveyed districts, the expense of the survey and of connecting such survey with the existing surveys shall be borne hy the purchaser, who shall at the time of purchase deposit the amount of the estimated cost of such surveys with the Treasurer of the Waste Lands Board, which shall be made as soon as practicable, by order of the Chief Surveyor. Provided always, that should any section when surveyed prove to differ in any respect from that intended by the purchaser, the' Government will not be responsible for any loss or inconvenience which the purchaser may experience, nor will the purchase money be returned. Provided also, that if the Surveyor sliall find that the whole extent of land in the selected locality falls short of the quantity paid for by the purchaser, the Treasurer shall repay so much of the purchase money as exceeds the price of tlie fand to be conveyed. The "License to Occupy" shall, in any such case, be. amended by the Commissioners, in accordance with the report of the Surveyor, and the Crown Grant shall be made out in accordance therewith; and the " License" sliall be returned to the Commissioners when the Crown Grant shall be issued. 41. Any person making a flitch and bank fence to lands adjoining Waste Lands of the Crown may take out of such lands half the land required for the ditch and bank: provided that no ditch or bank shall be more than six feet in width. VIII. —COMPENSATION LANDS. 42. AA rhereas it is desirable that private persons should be enabled to receive portions of Waste Land in exchange for private lands taken for roads or for other public purposes; if any person shall be entitled to receive any compensation in respect of any laud which shall have been taken for the purposes of a road or of any other public work, or in respect of any damages done to his property by the taking of such land for such purposes, such person shall, upon application to the AVaste Lands Board, be entitled to a grant of rural land in such situation as he sliall select, subject to the conditions as to form and frontage in these regulations contained, to the extent of one acre for every two pounds sterling of the amount of compensation which the applicant sliall be entitled to receive in respect of the land taken for such purposes or°in respect of such damage as aforesaid. 43. If any person shall contract with the Superintendent to make and complete, within a given time, any public road, bridge, or drain, or any part of any such road, bridge, orllrnin, furnishing such security as the Superintendent may require for the due completion of such contract, and shall select such portion of rural land as he shall be willing to accept by way of payment or compensation, or by way of part payment or compensation for such work; it shall be lawful for the Superintendent to reserv.e such portion of land from public sale for such given time but no longer; and such person shall, on the completion of sue'Ti contract, be entitled to a free grant of such land, or so much thereof as the Board shall adjudge, not exceeding one acre for every two pounds sterling which the Superintendent shall certify to the AVaste Lands Board to be the bond fide value ofthe work so done by such person according to the' prices for work and materials atthe time of performing such contract current in the district. Every such reservation of land from public sale shall be'published in tlie]Governnient Gazette of the Province, as directed in clause 19 of these Regulations. No such reservation shall continue in force for a longer period than twelve calendar months from the date on which it shall have been made. No land included in a Pasturage License with Preemptive Right shall, as against the holder of such Pre-emptive Right, be so reserved or granted until he shall have been allowed the option of purchasing such land in the manner prescribed in clauses 04 and 60 to these Regulations. No greater amount of land than 250 acres shall under the provisions of this clause be reserved or granted fo any person under any such contract, unless in payment of work for which a vote has been passed by* the Provincial Council. No greater amount of land than 1000 acres in the aggregate shall, iv any one year, be reserved or granted under the provisions of this clause, without the special sanction of tbe Provincial Council. Provided always that every parcel of land so granted shal) be subjected to the same conditions as to form and frontage as any rural land sold under these Regulations; pi'ovi'led also that no application for less than 20 acres shall be received under this clause, but that where any amount of compensation awarded by the Board shall be of less extent than 20 acres of land, the person entitled may pay the balance in cash upon the same terms as other applicants for the purchase of rural lauds under these Regulations. IX.—NAVAL AND MILITARY BOUNTIES. 44. Whereas the Superintendent and the Provincial Council and other the inhabitants of Canterbury ; are desirous to aid in making provision for the maintenance of such persons of Her Majesty's land and sea forces as may be discharged as unfit for further service in consequence of wounds or loss of health incurred in the present war with Russia, and also for the maintenance of the widows of those who may be killed in such war :— Any such person or widow shall, upon application to the Waste Lands Board, and upon the production of satisfactory evidence from the proper authorities as to such discharge or death, be entitled to receive a free grant not exceeding 30 acres ofthe AVaste Lands witliin this Province, subject to the conditions as to fbi-m and frontage contained in these Regulations; provided always tbat such application shall be made to-the Waste Lands Board by such person or widow in person within three years after such discharge or death. X.—I'ASTURAGK. 45. Until sold, granted, or reserved for public purposes as herein provided, the Waste Lands may be occupied for pasturage purposes by persons holding licenses from the Waste Lands Board to occupy the same.
46. Any person applying for a pasturage license shailjState to the Commissioners what are the boundaries and extent of the run applied for, and the number anil description of the stock which he possesses, or will undertake to place upon the run within twelve months from the date of the license.
47. The extent of run allowed to each applicant sliall be at the rate of 120 acres to every head of great cattle, and 20 acres to every head of small cattle. The words " great cattle" sliall be construed to mean homed cattle, horses, mules, and asses,: male and female, with their offspring above six. months of age ; and the words "small cattle" shall, be construed to mean sheep, male and female, with their weaned oft-, sprint;. 48."Every pasturage run shall be in one block, and, ; as far as circumstances will admit, of a rectangular: form: the frontage, under ordinary circumstances, sliall not be greater than one-half the depth. 49. The fee to be paid for the license sliall be at the following rates :—For every run containing less than 1000 acres, twenty shillings for every hundred acres; for every run'containing 1000 acres, and not less than 5000 aci ss, two-pence per acre for the first thousand, and one penny per acre for every acre in addition. For every run containing 5000 acres or upwards,
one farthing per acre for the first and second years, one half-penny per acre for the third and fourth years, three-farthings per acre for the fifth and every sulisequent year; provided that the first year shall be taken to be tiie time elapsing from the date of the original license to the first day. of May next following. 50. No pasturage license sliall be granted for a less innuftVfce than .-&> 10s. r 511 The fee sliall be paid to the Treasurer of the Waste Land Board every year, in advance; for the first year on the issue of the license, and for the second and every subsequent year on any sitting day ofthe Board, between the 20th day of April and the first day of May, inclusive; and every pasturage license not renewed by payment of the required fee, on or before t the first day of May, shall, unless good cause to the contrary be shown to the satisfaction of the Waste Lauds.Board, be considered as abandoned. 52. Every pasturage license shall be iv the form set forth in the Schedule C to the AVaste Lands Regulations, and shall be transferable by endorsement iri tbe form set forth in such Schedule, and such transfer shall be deemed to be complete upon notice thereof being duly given to tho Waste Lands Board, and not before. A pasturage license shall entitle the holder thereof to the exclusive right of pasturage over the land specified tvrcin upon tlie terms above stated. Such license shall be renewed by endorsement from year to year, until the laud specified therein shall be purchased, granted, or reserved under these regulations; and the fee to be paid iv respect of such license sliall not be altered until the Ist May, 1870. Such license sliall give no right to the soil or to the timber, and shall immediately determine over any land which may be purchased, granted, or reserved under these regulations. A reasonable right of way shall bo allowed through all pasturage runs. 53. If at any time during the first four years after the issue of the fii-st license the quantity of stock for the run sliall be less than that originally required, or during the next three yeais less than twice that amount, or during any subsequent period less than three times that amount,' the Waste Lands Board may declare the whole or a portion of such run to bo forfeited; provided always that with regard to runs granted prior to the issue of these Regulations such first period of four years shall commence from the date on which these. Regulations shall come into operation : provided that one or more runs held by the same individual or firm may for the purposes of'this clause be considered as one run. :
54. In any case in wliich a runholder can prove to the satisfaction of the AVaste Lands Board that he is precluded by arrangements entered into previous to the passing of these regulations from actually, for a given period, placing his stock ou Ins own run, it shall be sufficient if he prove to the satisfaction of the Board that he possesses within the Province the requisite amount of stock, and will undertake to place the same on the run at tlie expiration of such peoiod.
55. Every holder of a license shall, at any time, upon a written order from the Waste Lands Board to that effect, make a true and complete return of all the stock on his run; and if he shall 'wilfully and knowingly make any false return, the Waste Lands Board shall immediately declare his license to be forfeited. 50. Every run or portion thereof which shall have been forfeited, as above provided, shall be put up by the AVaste Lands Board'to nublic auction, after an advertisement in the Government Gazette, and one or more newspapers ofthe Province. A license granted after forfeiture shall be deemed to be an original license. Upon appeal from any person whose run has been forfeited, within 00 days' from the date of such forfeit lire, it shall be lawful for the Superintendent to reserve or suspend such forfeiture either wholly or in part. 57. Every person taking out a li' ense for a run which is not stocked will be required to deposit with the Treasurer the sum of ten shillings for every hundred acres included in the license, which will be returned without interest as soon as he shall have fulfilled the conditions in respect to stocking tlie run within the prescribed period; but if such conditions be not fulfilled such deposits shall be forfeited. 58. The above rules in respect to stocking a run, and to the lodgment of deposit money with the Treasurer, shall not apply to runs containing less than 5000 acres. 59. Every 'holder of a license may be recpiired at any time to pay for the actual cost of the survey of his run at a rate not exceeding2os. for every thousand
GO. Every holder of a pasturage Mcense shall, upon application to the AVaste Lands Board, be entitled to a pre-emptive ritjlit over portions of his run, as follows:—For a run of not less than 1,000 acres and not more than 5,000 acres, over a block of laud comprising and circumjacent to his homestead to the extent of o per cent ofthe acreage ofthe run. For a run of 5,000 acres andupwards,"over 250 acres of laud comprising and circumjacent to his homestead or principal stalion. And for all runs, over all lands occupied by any buildings, enclosures,' nlantations, cultivations, or auy such other improveu its as shall in thejudgn:.' ot, ofthe Waste Lands E u-d be deemed sufficient :■■:! the purposes of this clause, together with fifty ;;<-ies comprising and circumjacent to the lands so occupied or improved.
01. The License; shall at the time of his application to the Board give a sufficient description of the lands over which he" claims such pre-emptive right, to the satisfaction of the Chief Surveyor. And the same shall be marked off on the authenticated Maps in the Land Office.
02. Tlie lands included in such pre-emptive right may be of such form as the applicant shall choose ; but any land purchased by him in the exercise of such right shall be subject to the regulations as to form and frontage herein contained. 63. The AVaste Lands Board shall not receive nor entertain any application to purchase, from any person other than the runholder, the aforesaid block around the homestead or principal station'whicb does not include the whole of such block.
64. The right of pre-emption hereby given shall be exercised witliin one week for all lands within twenty miles of the Land Office, at Christchurch; and within one month for all lands at a greater distance therefrom ; such time being reckoned from the date of service of a written notice from the Waste Lands Board, setting forth a copy of the application for any ofthe lands included in the pre-emptive right. iSuch notice may be served either personally on the runholder, or by leaving the same at his last-known place of abode within the Province, or at the principal homestead or station on the run.
65. Tho applicant for any rural land included in any pre-emptive right shall deposit with the Treasurer of the AVaste Lands Board a sum equal to 4s. per acre of the purchase money, and the remainder he shall pay within one week from the date of his application being granted, or forfeit such deposit. Such deposit, however, shall be immediately returned on demand, if the holder of the pre-emptive right shall give notice of his intention to purchase any" portion of the laud applied for, and pay the requisite deposit.
66. If the holder of the pre-emptive right decide upon purchasing any portion of the land applied for, he shall forthwith pay to the Treasurer of the Waste Lands Board a deposit of 4s. per acre ofthe purchase money of such portion; and, if he shall not within six weeks thereafter have paid the remainder of the purchase money, he shall forfeit such deposit, together with all right or title to the land.
If the holder of any pre-emptive right other than those created by clause 00 ofthe Waste Lands Regulations shall neglect or refuse to purchase any portion of the land applied for, such portion shall from and innncdialely after such neglect or refusal be released from all right of pre-emption and open to purchase on the terms ofthose Regulations, as if the same had not been included in any pre-emptive right. 07. Pasturage Licenses with pre-emptive right in connection with purchased lands, whether under the Canterbury Association or the Crown, shall, from and after the first d.ay of April, one thousand eight hundred and fifty-six, be taken and deemed fo be pasturage licenses over the lands included therein, upon the terms of these Regulations, with a preemptive right over all such land, to be exercised siibect to these Regulations as regards .notice of application, payment of deposit, purchase money, price of bind, and size and shape of blocks. If the land covered by such pre-emptive right shall be included' within the limits of a run held by license under clauses 50 and 53, the holder thereof in payingrent for the same may take credit for the amount paid by him in respect of lands covered by such pre-emp-tive liuiit.
68. Holders of pasturage licenses without preemptive right shall be entitled to hold such licenses or to have them renewed upon the terms of tlieir contract with the Canterbury Association or the Crown, as the case may be; but if auy person holding a license under the Canterbury Association or the Crown shall voluntarily resign the same, he shall be entitled to receive a license under these Regulations, and shall from the date of such exchange hold bis run at the rate and on the conditions specified in these Reeulations. 09. If any person exchanging his license shall for any period included in the new license have paid rent at 'a higher rate than would be payable under such license, such overpayment shall be adj listed at the next payment of rent. 70. In the event of improvements having been effected by the licensee of a run on any land which shall be resei-ved by the General Government or by the Provincial Government under these Regulations; the licenseee shall receive payment of the value of such improvements, such value to be decided by arbitration under direction of the AVaste Lands Board, and to be paid by the Treasurer of the AVaste Lands Board out ofthe land fund.
71. All payments on account of pasturage runs shall in future be made on or before the first day of May, in accordance with clause 51, at the Land Office, at Christchurch, and the Waste Lands Board sliall sit at that place for the Treasurer to receive the same. I.
72 All pavmcnts to be made on account ot pasturage runs before the first day of May next ensuing sliall be made for the portion of the year only which sliall elapse between such day of payment and the said first day of May. - 73. In calculating the amount of the license fee and the stock required to' be on the run, the year commencing on the said first day of May shall be deemed to be tlio same year as that for which such part payment, shall have been made. -
74. Notwithstanding anything contained in these regulations, it shall beTawfid for the Governor, upon the recommendation oi the Superintendent.and Pro
vincial Counil, at any time, and from time to time, by proclamation in the Government Gazette of'-the Province, to reserve for the purposes hereinafter mentioned any lands witliin the Province, adjacent to or in the neighbourhood of any town, now or wliich may hereafter' be formed, and to declare tha,t on and from a 'day to be named in such proclamation all depasturing licenses issued under these regulations, in respect of such reserved lands, shall cease and be of no effect; on and from which, day. t all such licenses shall, as respects such lands, cease' and be of no effect accordingly. And it shall be lawful for the Governor at any time, hereafter, by regulations to be issued in 'that behalf,, according to the provisions of the A\ ra«te Lands Act, upon the recommendation ofthe- Superintendent and Provincial Council, to regulate the occupation of the AVaste Lands of the Crown within such reserved districts. TIMBER. 75. If any tract of land shall have been reserved for the sale of the timber thereon, such timber may be sold by public auction at an up Xt price and subject to conditions to be fixed by the Superintendent, and the purchaser sliall agree to remove the same within a certain time; and ail the timber not removed within such time may be again put up to public auction. 76. No person shall, without a license, cut or remove any timber from any AVaste Lands of the Crown (except timber which he shall have purchased under the last clause) ; and any persons so cutting or removing timber shall be liable to pay tho cost of such license for one year together with the costs of recovering the amount of the same. 77. Every license for cutting or removing timber shall be issued for one month, or for one year, at the request of the person applying for the same; and a fee of 10s. shall be paid upon every monthly license, and of £5 upon every yearly license. 78. A license shall entitle no one but the person named therein to cut down standing timber, but it will authorise him to employ any number of persons, during the term of the license, to saw, split, or remove the timber so cut; and such license shall not be transferable.
79. A license to cut timber sliall extend only to the district named therein.
80. If any person duly licensed shall have established a saw-pit for the purpose of sawing timber, no other person sliall cut timber within 50 yards of such pit without consent of the person first occupying such saw-pit; provided that if the person establishing such pit shall not use the same, and shall not cut timber within such distance as aforesaid from the pit for 28 consecutive days, it shall be lawful for any other holder of a license to enter thereupon, and to cut timber as though such pit had not been established., 81. If any person sliall, for the purpose of removing timber, have made a road upon laud being the Waste Lands of the Crown and not being a highway, it shall not be lawful for any other person to use the same without tbe permission of the person making the same first obtained; provided that if such road sliall not be used nt any time for 90 consecutive days, it shall be lawful for any holder of a license at any time thereafter to use the same. ■
82. If any person holding a timber license shall be proved before the AVaste Lands Board to have offended agaLjt any regulations herein contained respecting timber, or to bave wilfully or negligently injured or destroyed by fire or otherwise any timber belonging to the Crown, such license shall be, and shall be immediately declared to be forfeited, and it shall be at the discretion ofthe Board to refuse to issue another timber license to the same person. SCHEDULES. Schedule A. Province A of \ Canterbury, j license to occupy town lands. Whereas of hath been duly declared the purchaser for the sum of pounds, shillings, and pence, ofthe section of the Waste Lands of the Crown hereinafter described, ' and hath this day paid to the Treasurer of the Waste Lands Board of the Province of Canterbury, the said sum of pounds, shillings, and pence, the receipt whereof is hereby acknowledged, NOW KNOW ALL MEN AND THESE presents witness, that We, in pursuance of the powers vested in us as Cominissioneis of ,the said AVaste Lands Board, do hereby authorise and empower the said his heirs or assigns, at any time after the date hereof, to enter upon all that section of land situated in street, in tbe town of , marked, No. in the authenticated map of the said town in the Crown Lands Office and containing acres, or thereabouts, being the section of land so purchased as aforesaid, and to hold and enjoy the same for his and their absolute use and benefit. Given under our hands at the sitting of the Waste Lands Board held at On the day ot 18 Schedule B. Province ) of \ Canterbury. ) LICENSE TO OCCUPY RURAL LAND. Whereas of hath been duly declared the purchaser for the sum of pounds, shillings, and pence, of the section of tbe AVaste Lands of the Crown hereinafter described, and hath this day paid to the Treasurer of the AVaste Lands Board of the Province of Canterbury, the said sum of pounds, shillings, and pence, the receipt whereof is hereby acknowledged, NOW KNOW ALL MEN AND THESE ■presents witness, that We, in pursuance of the powers vested in us as Commissioners of the said Waste Lauds Board, do hereby authorise and empower the said his heirs or assigns, at any time after the date hereof, to enter upon all that section of land situate and bounded as hereinafter described, that is to say ; and to hold and to enjoy the same for his and their absolute use and benefit, subject nevertheless to the Regulations now in force for the sale, letting, disposal, and occupation of the Waste Lands ofthe Crown within the Province of Canterbury. Given under our hands at the sitting of the Waste Lands Board, held at on the day of 18 Schedule C. Province ) of \ Canterbury. ) LICENSE TO DEPASTURE STOCK. AVhereas of hath been duly declared to be entitled to a license to depasture stock upon the Waste Lands of the Crown within the Province of Canterbury, upon the terms and upon the conditions hereinafter mentioned : Now therefore AYe, in pursuance of the powers vested inns as Commissioners of the AVaste Lands Board to the said PrQT viucc, do hereby grant to the said i the exclusive license, from and after the date hereof, until the first day of May next, to depasture stock upon the land situate and bounded as hereinafter described, that is to say— : ' and containing acres or thereabouts. Subject nevertheless to all the provisions and conditions contained 'in tlie Waste Lands Regulations now in force within the Province of Canterbury. ! Given under our hands at the sitting : of the AVaste Lands Board, held at on the day of 18 Endorsement. I, the within-named for valuable consideration to me paid by of do hereby transfer to the said the within written Pasturage License, and all my estate and interest therein. AVitness my hand this day ot 18 AVitness APPENDIX I. Clauses 35 and 43, which were repealed by the Waste Lands Regulation* Amendment Ordinance, Sess. VII., No. 2, 1856, originally stood as follows: — 35 No section of rural land shall be sold containing less than twenty acres ; provided that any section so limited by frontage lines or private lands as to contain less than twenty acres may be sold by auction at the upset price of forty shillings per acre; the time and place of sale, and the mode of sale and payment; of purchase money to be as nearly lis may be in accordance 'with the regulations herein contained,! applicable to tlie sale of Town Land. ~- ....■■ 43. If any person shall at any time have made and completed at his own cost any public road or bridge or any public main drain, or any part of such road, bridge, or drain, such person shall, upon application to the Waste Lands Board, be entitled to a free grant of rural land in such situation as he shall select, siib r ject to the conditions as to form and frontage m these regulations, contained, to'such an extent as the Board shall adjudge, not exceeding one acre for every four pounds sterling which ;he shall prove to the satisfaction of the AVaste Lands Board that,he sliall have actually expended in the construction of such road, bridae, or drain. .: _. ProvV-i always that it sliall be proved to the satisfaction of the r Board that the money so expended by the applicant ha* been beneficially expended for
he use and advantage of the public. Provided also hat no application for less than twenty acres sliall be received under this clause,.:but that where any amount of compensation 'awarded by the Board shall be of a less amount than twenty acres of land, the party entitled may pay the balance in cash upon the same: tonus as other applicants to purchase rural lands under these regulations. Clauses 67 and 68, which ivere repealed vy proclamation of the Governor, dated Uth August, 1856, published in the Provincial. Government Gazette, Vol. 111., No. 17, p. 63, Uh September, 1856, originally stood as follows:— 67. Holders of pasturage licenses with pre-emptive right in connection with purchased:lands, whether under the Canterbury Association or the Crown, shall be entitled to claim pasturage licenses over the lands included therein upon the terms of these regulations, with a pre-emptive right over such land, to be exercised subject to these regulations as regards notice of application, payment of deposit and purchase money, price of hind, and size and shape of blocks. If the land covered by such pre-emptive right shall be included within the limits of a run held by license under clauses 50 and 53, the holder thereof, on paying rent for the same, may take credit for the amount paid by him in respect of lands covered by such pre-emptive right. .68. Nothing in these Regulations shall be interpreted to affect the legal rights or equitable contracts made by the Canterbury Association or the Government with holders of tiie pasturage licenses; but if any person holding a license under the Canterbury Association or the Government, shall voluntarily resign the same to the Government, he shall be entitled to receive a license under these Regulations, and shall from the date of such exchange hold his run at the rate and on the conditions specified in these Regulations. APPENDIX 11. Clauses Nos. 33, 51, 52, 65, 66, and 71, which were repealed by the " Waste Lands Regulation Amendment Ordinance, Sess. IX., No. 1," originally stood as follows: — 33. Immediately on tlie payment of the purchase money in full, the purchaser shall receive from the Commissioners a " License to Occupy," in the form set forth iv the Schedule A hereto annexed, which lie shall return again to the Commissioners when he shall receive the Crown Grant of the Land. Such "License to " Occupy" shall be transferable by endorsement, in the form set forth in the Schedule. 51. The fee shall be paid to the Treasurer the a AVaste Lands Board every year, in advance; for the first year on the issue of the License, aiid for the second and every subsequent year on the first day of May; and every pasturage license not xenewed by payment of the required fee on the first day of May shall, unless good cause to the contrary be shown to the satisfaction of the AVaste Lands Board, be considered as bandfooned. ' ';
52. Every pasturage license shall be in the form set forth in the Schedule C hereto annexed, and shall be transferable by endorsement in the form set forth in the Schedule;"aud shall entitle the holder to the exclusive right of pasturage over the lands specified therein, upon the terms above stated. Itis intended that such license shall be renewable from year to year until the land specified therein shall be -pUrelm.-ed, granted, or reserved, under these Regulations; and, if so renewed, the fee to be paid in respect of such licenses shall not be' altered until the first of May, 1870. Such license shall give no right to the soli or to the timber, and shall immediately determine oyer any laud which may be purchased, granted, or re-sei-ved under these Regulations. A reasonable right of way shall be allowed tlu-ough all pasturage runs.
65. The applicant for any rural land included in any pre-emptive right shall deposit with the Treasurer of the AVaste Lands Board a sum equal to 4s. per acre of the purchase money, and the remainder he shall pay within one week from the date of his application being granted, or forfeit such deposit. Such deposit, however, sliall be immediatel on demand, if the holder of the pre-emptive right shall purchase any portion of the land applied for. 06. If the holder of the pre-emptive right decide npon purchasing auy portion of the land applied for, he shall forthwith pay to the Treasurer of the AVaste Lands Board a deposit of 4s. per acre of the purchase money of such portion; and if he shall not within six weeks thereafter have paid the remainder of the ] ur- . chase money, he shall forfeit such deposit jtogeiher with all right or title to the land. 71. All payments on account of pasturage runs shall in future be made on the first day of May, at the Land Office, at Christchurch, aud the AA';iste Lands Board shall sit at that place for the Treasurer to receive the same. i
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https://paperspast.natlib.govt.nz/newspapers/ODT18620128.2.15.4
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Otago Daily Times, Issue 63, 28 January 1862, Page 2 (Supplement)
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7,811REGULATIONS FOR tiie DISPOSAL, SALE, LETTING AND OCCUPATION OP THE WASTE LANDS OE THE CROAVN IN THE PROVINCE OE CANTERBURY : Otago Daily Times, Issue 63, 28 January 1862, Page 2 (Supplement)
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