REGULATIONS

Otago Daily Times, Issue 129, 15 April 1862, Page 7

REGULATIONS

FOR THE DISPOSAL, SALE, LETTING AND OCCUPATION OF THE WASTE LANDS OF THE CROW> T IN THE PROVINCE OF CANTERBURY: AS AMENDED. I. A LL Regulations now in force in the ProA vince of Canterbury for the sale, letting, disposal, and occupation of the Waste Lands of the Crown are hereby repealed. 2. All such Waste Lands shall, from and after the 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 the 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 of the Council. II.—THE WASTE LANDS BOARD.

4. There shall be established a Board to be called i the Waste Lands Board, to consist of one Chief ComImissioner, and of not less than two nor mpre than five 1 other Commissioners, fill of whom (except such one a as shall be appointed to act as Treasurer) shall be ap- [ pointed and be removable by warrant under the hand t of the Superintendent. I 5. One member of the Waste Lands Board shall s also be the Treasurer thereof, and such member shall n be appointed and removable by the Governor. c 6. The W raste Lands Board shall sit at the principal \ Land Office ofthe Province, at certain stated times s to be determined by' the Superintendent, and shall c also sit for special purposes at such places and at such c times as the Superintendent shall direct; of which t sittings due notice shall be given in the Provincial f Government Gazette, and one or more newspapers published in the Province. I 7. The Chief Commissioner when present, and in c his absence then some member selected by those pre- I sent at any meeting of the Board, shall preside there- f at, and shall"'have a casting- vote in all questions coming before the Board. I 8. All questions coming before the Board shall be s decided by a majority of the Commissioners present 1 thereat. , , ' 9. All meetings of the Board shall be attended by at least three Commissioners, and shall be open to the 1 public. ' ' 10. All applications for Land and for Pasturage t and for Timber Licenses shall, after hearing evidence c when necessary, be determined by the Board at some i sitting thereof. i 11. The Board shall have power to hear and determine all disputes between the holders of Pastur- I age and Timber Licenses respecting the boundaries s of runs and districts, and sliall have and exercise all s the powers wliich may be lawfully had and exercised f by any Commissioner of Crown Lands, under the provisions of the " Crown Lands Ordinance, Sess. X., ; No. 1;" and the " Crown Lands Extension Ordinance, ! Sess. XL, No. 10." • . * 12. All the routine business of the Land Depart- s ment 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 oflice hours at the Land , Office, in which the name of every person desiring to | make any application to the Board sliall be written , in order by himself or any person duly authorised on j his behalf. And the Commissioners shall, during the j sitting of the Board,, consider and determine all appli- | nations 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 behaU" before the Board when called in his , 'turn, his app L'ation shall be dismissed until his nameshall appear again in the Book in order. Provided . also that if two or more persons shall apply at the ;ame time to write tbtiv names in the Application Book the Chief Commisa'oner shall bracket their ames, and shall initial the bracket; and when they all appear before the Hoard, the Board shall determine the priority of right to be hard by lot. And it sliall 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 proceeding's of the Board ; and such minutes shall be siui-^d by all the Oommissiouers 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, ou payment oi the 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 Warrant under the hand ofthe Superintendent, and as inanyi distant Surveyors as shall be necessary, who shall oo appointed and immoveable by the Superintendent upon the recommendation of the Chief Surveyor. 16. All surveys shall be conducted in such manner as the Board by any regulations to be made in that behalf shall direct. IV.—-THE LAND REVENUE. 17 All payments to be made in respect of land sbal he made to the Treasurer of the Board during the sitting thereof and the Treasurer shall thereupor rive receipts for the same. _ 18 —By the 62nd clause of the Constitution Ac the Governor is authorised and required to pay out o i the revenue arising from the disposal of tbe W asti Lands ofthe Crown all the costs, charges, and expenses incident to the collection, management, am receipt thereof; and also to pay out ofthe said revenue such sums as shall become .payable under■ ccrtan other provisions therein contained. The Treasurer o the Waste Lands Board shall, therefore, pay outof al ] the funds coming into his hands under these regula tions all such sums tor the above-named purposes, v such manner and to such persons as the Governo shall direct.

T.—PUBLIC RESERVES. .. -._ 19. Reserves for the uses ofthe Provincial Government and for other'publis purpose*, may, upon tlw

>.y thi- kSuj.rriiitei..'l'fi!': ami s nP nut be ii!i. uiH" ron the sp.-'cifie | in-puses t<> whcli they idndl lmv •i i-n sevi-r.-i* v i!ei'.ic;i'. (', . xc.-pi under ihe previsi.-i.-:.n Act nl lie ;;, hira'. .\->im'niv. . i.litule.l tl. ■ -Pub ie- 1-esdve- Ai-i, IMVt ;" ni d a full and cim ■

• cti- ilisi-riptiini of cv.-iy «isch i-.-s.-rvo and of tin lupuses to which it slaiil have bn-ii dedicated sha!'. i- si on n.' possible after it shall have been nuiiln, be published in the Government Gazette ofthe Province, and set forth ou the authenticated maps in the Land Office. Provided that.the Superintendent may, if the Provincial Councillie not then sitting, temporarily reserve land for such purposes until the next session of such Council. ..,-,

20. Reserves for public highways, bridle-paths, and loot-paths, sliall be made by the Superintendent, and shall he set forth on the Authenticated maps in the Land Office. The Superintendent and tbe Provincial Council may by Ordinance alter the line of any such highways, bridle-paths, and foot-paths, and dispose of the land theretofore used for the same.

21. The Superintendent may temporarily reserveany land for the preservation or sale of the timber ' thereon; but.such land may at any time cease to be «o 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 operal tiou of these regulations any tract of country in wliich s 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 sarnie authority as these present , regulations VI. —TOWN LANDS." j 23. The sites of towns sliall be determined by the Superintendent, upon the recommendation of the t Provincial Council, aud sliall be notified by procla- ( mation in the Government Gazette of tlie Province. ( 24. Town Lands shall be sold by public auction, in ( -cctions, the size and upset price of which shall be determined by the Superintendent and the Provincial Council; anil having been so determined, for each town severally, shall not again be altered. J 25. Tiie 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 news- ! ; papers of the Province, at least thirty days befoiv ■; such sale shall take place. j 20. No such notification of any sale of town lands shall be published until a map ot the 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 l ■lections numbered consecutively, so far as laid out, J showing tho sections to be submitted for sale, and the l public reserves in connection with them. . 'J 27^ Town sections may be put np to auction, either ' by order ofthe Superintendent, or upon the appliea- I tion ot some person who shall, at the time of making } such application, deposit ten per cent, of the upset * price with the Treasurer of the Wraste Lands Board." Such deposits shall, if no advance on the upset price oe made, be considered as the deposit upon the sale at such public auction. f 28. If any section shall be purchased by other than o the original applicant, the deposit money shall be li forthwith returned on demand. s

29. Ten days at least before any such auction sale, a list oi all the sections about to be offered for sale shall be published in the Government Gazette, and one or more newspapers of tbe Province. 30. Every auction sale of land sliall be held by the Commissioners in open court as hereinbefore provided.

31. The person who shall be declared the highest bider at such auction shall immediately pay a deposit, of ten per cent, of the purchase money to the Treasurer, and in default, thereof, the section shall be again immediately put up to auction, paid to the Treasurer in full, within one week after 32. The remainder ofthe purchase money dud Ibc the day of sale; and, in default thereof, the pur chase shall forfeit his deposit, money, and also al right or title to the land; and the section may be sold to any person applying forthe same for the price 'at which it was knocked down at the auction; and, if not so sold, tbe section may be again put up to auction at any future sale. 33. Upon payment of the purchase money in full, the purchaser shall 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 land, at an uniform mice of forty shillings per acre. 35. Save as hereinafter provided, no section of Rural Land shall be sold, containing less than tweuty acres; but any section so limited by frontage lines or private lands iis to contain less than twenty acres may be sold by auction at the upset price of forty shilling? 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. Pro- i vided, nevertheless, that if any section so limited : shall be included in a Pasturage License with Preemptive Right, the holder of such Liceuse shall be i entitled to exercise such Pre-emptive Right under these Regulations upon payment of the sum of forty pounds for such seption. 36. Every section of rural land shall be in one. block, and, except as hereinafter provided, of a rectangular form, and if bounded by a frontage line ,sball be of a depth of half a mile (or 40 chains) fi-om 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 whicli shall have been declared by notification in the Government Gazette to constitute a frontage for the purpose of selection. 37. Where, from the frontage not being a straight line or rom the interference of other frontage lines, 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 lauds 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 tban 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 shall receive from the Commis- < sioners a " License to Occupy," iv the form set forth i in the Schedule B hereunto annexed; aud as soon i thereafter as conveniently may be, the land shall be laid off by a Government Surveyor, as nearly in accordance with the description given by the purchaser 1 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 by the purchaser, who shall at the time i 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 pracfic- i able, by order of the Cliief Surveyor. Provided > a'waySj'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 shall 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 ofthe land to be : conveyed. The " License to Occupy" shall, in any ■ such ca.se, be amended by the Commissioners, ir^ ac- ' eordance witli the report of the Surveyor, and the ' Crown Grant shall be made out in accordance 1 therewith; and the " License" shall be returned to ' tlie Commissioners when the Crown Grant shall be] , ssued.

41. Any person making a ditch and bank fence on 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.

II VIII. —COMPENSATION lands. 42. Whereas it is desirable that private persons should be enabled to receive portions of Waste Land Jin exchange for private lands taken for roads or for other public purposes; if tiny person shall be entitled to receive any compensation in respect of any land I, 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 lor such purposes, such person shall, unon appli- , t cation to the Waste Lands Board, be entitled to a grant of rural land in such situation as he shall select, ' subject tothe conditions as to form and frontage in - these regulations contained, to the extent of one acre j for every two pounds sterling of the amount of com- , pensation which the applicant shall be entitled to ' s receive in respect of the land taken for such purposes n, 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, or drain, furnishing such security as the Superintendent may require for the due completion of such contract, ahd 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 pay-

iif.-i.it or. on. |„-iis„!i..n (m-Mu-ii v.ork . ii shall In- lav ul .or ill-' Snp.-riinei!.!cii! In i-eseivc swell ptir'li.ai and In in j-iihiic ;ale fur Mich giv.-n time bet i-.f, niig.r: nnd-ii.-b p. r t.u s!i:t!!, mi tin- c-omplot o, : n.li conn-act. Iv- eniir.'il to .i !i-r j.-ra'.il oi such iaiu..j ki-sii iifiu-ii ilii-n-of as lb-.- Bifir.l sliall iid.iudgi-, im:

xce-rdii.g- one ncrc fin- every Ino pounds stci-!i..-. ■Aliiefi the . ciipi-i-iiiti>udi>iit shall .-ei-iifv to the Wii-i. Lauds Board to be the bunajidv value of the work so done by such person according to the prices for work and materials at the time of performing such contract current iv the district.

I Every such reservation of land fi-om public sale shall be" published in the Government Gazette of the Province, as directed in clause 19 of these Regulations.

No" such reservation sliall 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 laud iv tbe manner prescribed ill clauses 64 and 06 to theso Regulations. No greater amount of land than 250 acres shall under the provisions of this clause be reserved or granted to any person under any such contract, unless in payment of work for which a vote has beeu passed by the Provincial Council.

No greater amount of land than 1000 acres in the aggregate shall, in any one year, be reserved or granted under the provisions of this clause, without the special sanction ofthe Provincial Council. Provided always that every paiitel of land so granted shall be subjected to the same souditions as to form and frontage as any rural lanu so i under these Regulations ; provided also that no application for less than 20 acres shall be received under this clause, but tliat where any amount of compensation awarded by the Board shall be of less extent"than 20 acres of land, tlie person entitled niay pay the balance in cash upon the same terms as other applicants for the purchase of rural lands 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 j to the Waste Lands Board, and upon the production i of satisfactory evidence from the proper authorities as i to such discharge or death, be entitled to receive a free grant not exceeding- 30 acres of the Waste Lands i within this Province, subject to the conditions as to 1 form and frontage contained in these Regulations; i provided'always that such application shall be made - to the Waste Lands Board by such person or widow i in person witliin three years after such discharge or i death. 1 X. —PASTURAGE. I 45. Until sold, granted, or reserved for public purposes as herein provided, the Waste Lands may be < occupied for pasturage purposes by persons holding I licenses fi-om the Waste Lauds Board to occupy the | same. > 40. Any person applying for a pasturage license 1 shall state to the Commissioners what are tlie boun- ( claries and extent of the run applied for, and the ( number and description of the stock which he pos- r sesses, or will undertake to place upon the run within r twelve months from the date ofthe license. ]

47. The extent of run allowed to each applicant shall 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" shall be construed to mean horned cattle, horses, mules, and asses, male and female, with their offspring, above six months of age; and the words "small cattle" sliall be construed to mean sheep, male and female, with then- weaned offspring.

48. Every pasturage run shall he in one block, and, as far as circumstances will admit, of a rectangular form: the frontage, under ordinary circumstances, shall not be greater than one-half the depth. 49. The fee to be paid for the license sliall be at the ollowing 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 ovprv run containing- fiOflO nwe.= or upwards one farthing per acre for the fiist and second years, one half-penny per acre for the third and fourth years, threerfarthings per acre for the fifth and every subsequent year; provided that the first year shall be taken to be the time elapsing fi-om the date of the original license to the first day of May next following. 50. Nb pasturage license shall be granted for a less annual lee than j_2 10s.

51. The fee shall be paid to the Treasurer of the Waste Laud 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 of theBoard, between the 20"tli day of April anil the first day of May, inclusive; and every pasturage license not renewed by payment of the required fee, on or before the first day oi May, shall, unless good cause to the contrary be shown to the satisfaction of the Waste Lands Board, be considered as abandoned. 52. Every pasturage license shall be in the form set forth in the Schedule C to the Waste Lands Regulations, and sliall be transferable by endorsement in the form set forth in such Schedule, and such transfer shall be deemed to be complete upon notice thereof being duly given to the Waste Lands Board, and not before. A pasturage license sliall entitle the holder thereof to the exclusive right of pasturage over the land specified therein upon the terms above stated. Such license shall be renewed by endorsement from year to year, until the land specified therein shall be purchased, granted, or reserved under these regulations; and the Fee to be paid in respect of such license shall not be altered until the Ist May, 1870. Such license shall 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 be allowed through all pasturage runs. 53. It at any time during the first four years after the issue of the first license the quantity of stock for the run shall be less tban that originally required, or during the next three years less than twice that amount, or during any subsequent period less than three times that amount, the Waste Lands Board may declare tbe whole or a portion of such run to be 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 puiposes of tills clause be considered as one run.

54. In any case in wliich a runliolder can prove to the satisfaction ofthe Waste Lands Board that he is precluded by arrangements entered into previous to the passing of tliese regulations from actually, for a given period, placing his stock on his 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 tp place the same a the run at tlie expiration of such peoiod, 55. Every liplder of ai 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. 56. Every run or portion thereof which shall have been forfeited, as above provided, sliall be put up by the W raste Lands Board to public 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 fi-om any person whose run has been forfeited, witliin 60 days fiom the date of such forfeiture, it shall be lawful for the Superintendent to reserve or suspend such forfeiture either wholly or in part. 57. Every person talcing out a lii ense fbr 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, whicli will be returned without interest as soon as he sliall have fulfilled the conditions in respect to stocking the run within the prescribed period; but if such conditions be not fulfilled such deposits sliall be forfeited 58. The above ru <- respect to stocking a run, and to the lodgment of cc i money with the Treasurer, shall not apply to ru 1.1 containing less than 5000 acres. 59. Every holder of a license may be required at any time to pay for the actual cost of tbe survey of lus run at a rate not exceeding2os. for every thousand (ICI*6S. 60. Every holder of a pasturage license shall, upon application to the Waste Lands Board, be entitled to a pre-eiriptive right' over portions of lus run, as follows : _For a run of not less ban 1.000 acres and not more than 5,000 acres, over a block of land comprising and circumjacent to his homestead to tlie extent of 5 per cent of the acreage of the run. For a run ol 5,000 acres and upwards, over 250 acres of land comprising and circumjacent to his homestead or principal station. And for all runs, over all lands occupied by any buildings, enclosures, plantations, cultivations, or any such other improvements as shall in the judgment of the Waste Lands Board be deemed sufficient for the purposes of this clause, together with fifty acres comprising and circumjacent to the lands so occupied or improved. . ■. . 61 The Licensee shall at the time of his application to the Boird give a sufficient description of the lands over whicn he claims such pre-emptive right, to the satisfaction of the Chief Surveyor. And the same shall be marked off on he authenticated Maps in the Land Office.

lA. Thi mi.l.r- 11-rlliMi, 1.1, Mull |-U.-cl, pll\e II n\ be i.i .-l.cii lorn' a* the iipp,;«.-uiil s.,a;i onuuJ ni" nuy iiiim pnn-liii-j-i. hy him in l.n-i-xi-icisc.u mi I Jii.l .-iiail lie .-lll.|. C! in i..v Ci jjll.alllif.S,..-, ID lOilll i. i-iiiiiagi- lii'ieiii euiiiuui.-d. ti:l. The Was re- Limits Hoard .shall not receive li. nli-rtaiu any appM-.-atioji lo piu-eli.ise, fruni an. iitoiii oilier than tin; ruuholdi-r, tin- aibivsaiii him-. ' mound the homestead or priucipai station which tloe; - not include the whole of such block. 1 04. The right of pre-emption hereby given shall be exercised within one week for all lands within twenty 'miles of the Land Office, at Christchurch; ami ' within one month for all lands at a greater distance ' therefrom ; such time being reckoned from the date of sendee of a written notice fi-om the Waste Lands 1 Board, setting- forth a copy of the application for any - ofthe lands included iv the pre-emptive right. Such notice may be served either personally ou tlie run- ' holder, 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. The applicant for any rural land included in any pre-eiuplivc right sliall eleposit with the Treasurer of the W raste Lands Board a sum equal to 4s. per acre ;of the purchase money, aud the remainder he shall pay within one week irom the date of his application being g-ranted, 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 bis intention to purchase any portion of the land 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 ofthe 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 ofthe 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 60 of the Waste Lands Regulations shall neglect or refuse to purchase any portion of the land npjilied for, such portion shall from and immediately after such neglect or refusal be released from all right of pre-emption and open to purchase; 011 the terms of these Regulations, as if the same had not been included in any pre-emptive right.

67. 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 day of April, one thousand eight hundred and fifty-six, be taken and deemed to be pasturage licenses over the lauds included therein, upon the terms of these Regulations) with a pre r emptive right over all such land, to bo exercised subect to these Regulations as regards notice of application, payment of deposit, purchase money, price of land, 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 paying rent for the same may take credit for tbe amount paid by him in respect of lands covered by such pre-emp-tive right.

68. Holders of pasturage licenses without preemptive right shall be entitled to hold such licenses or to have them renewed upon the terms of their contract with the Canterbury Association or the Crown, as the case may be; but if any person holding a license under the Canterbury Association or the Crown shall voluntarily resign the same, he sliall be entitled to receive a license under these Regulations, and shall fi-om the date of such exchange hold his run at the rate and on the conditions specified in these Regulations.

69. 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 adjusted at the next payment of rent.

70. fn the event ot improvements having been effected by the licensee of a run on any land wliich shall be reserved 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 Waste Lands Board, and to be paid by the Treasurer of the Waste Lauds Board out of the land fund.

71. All payments on account of pasturage runs shall in future be made on or before tbe first clay o May, in accordance with clause 51, at the Land Office, at Christchurch, and the Waste Lands Board shall sit at that place for the Treasurer to receive the same.

72 All payments to be made on account ot pasturage runs before the first day of May next ensuing shall 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 the same year as that for which such part payment shall have been made.

74. Notwithstanding anything contained in these '. regulations, it shall be lawful for the Governor, upon the recommendation ol the Superintendent, and Pro- j vincial Counil, at any time, and fi-om time to time, be proclamation in the Government Gazette of the \ Province, to reserve for the purposes hereinafter j mentioned any lands within the Province, adjacent to or iv the neighbourhood of any town, now or which j may hereafter be formed, and to declare tbat on and '■ from a day to be named in such proclamation all depasturing licenses issued under these regulations, in t-cspect of such reserved lauds, shall cease and be of no effect; on and fi-om which day, 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 Waste J Lands Act, upon the recommendation of the Superintendent and Provincial Council, to regulate the ' occupation of the Waste 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 upset price and subject to conditions to bo fixed by the Superintendent, and the purchaser shall agree to remove the same within , a certain time; and all the timber not removed within such tinie may be again put up to public auction. 76. No person shall, without a license, cut or remove any timber from any Waste 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 the 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 foi- 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 £supon 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 anf number of persons, during the term of the license, to saw, split, or remove the timber so cut;'and such license shall not be Iransferabie. 79. A license to cut timber shall 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 shall 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, nnd to cut timber as though such pit had not been established. 81. If any person shall, for the purpose of removing timber, have.made a road upon land being the Waste Lands ofthe Crown and not being a highway, it shall not be lawful for any other person to use the same without the permission qf the person making the same first obtained; provided that if such road shall no be used at any time for 90 consecutive da^s, 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 Waste Lands Board to have offended against any regulations herein contained respecting timber, or to have wilfully or negligently inured 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 3 at the discretion ofthe Board to refuse to issue another timber license to the same person.

SCHEDULES. . \ Schedule A. ( Province ") of \ Canterbury. ) LICENSE TO OCCUPY TOWN LANDS. Whereas of hath been duly delared the purchaser for the sum of JE*/ shillings, and pence, o the section c the Waste Lane& of the Crown ll^ein^ ll^ c!:^ and lath this day paid to .tlie^™tL£,™ Waste Lands Board of the Province of Canterbury the said sum ot pounds. ... shillings, and tlie sum oi whereof b hereby acknQw . i ledged, Now know all men and these ■ presents witness, that We, in pursuance of the • oowere vested in us as Commissioners of the sair, '■ Waste Lands Board, do hereby authorise and empowei the said M» heiw or assigns, at any tune after

.Ie date Jierii'j.-.-. to cuter upon all that .su!iio:i :->i -and - —- iL.fi. 1,. ..nvu. i-i i-i- >■>•■>■< vi . , ,j.i:o.:. ;\\-. . i:i ui-.- .i.i>ii..-.ii<.-'-'■•- • ...a:' .ii iiie ..id p-jiv'i.a.sv-... :.- iii'i.e-ii i. an • v li-'- un-' 7 :■' '-'^ ■ lvoa u.i.ic.ymi' iii.n:.-ai me ifii-ti.i-at on the day of 13 Schedule B. Province ) of \ Canterbury.) LICENSE TO OCCUPY RURAL LAND.

Whereas of hath beeu duly declared the purchaser for the sum of pounds, shillings, and pence, of the section the Waste Lauds of the Crown hereinafter described, and hath this day paid to tlie Treasurer of tlir Waste Lauds Hoard of the Province of Canterbury, the said sum of pounds, shillings, and

; pence, the receipt whereof is hei-eby acknowledged, Now know all siiss and these I'lUiaENTrf witness, that We, in pursuance of tlie ' powers vested iv us as Commissioners of the said ' Waste Lauds Board, do hereby authorise and empower j the said his heirs or assigns, at any time after tiie 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 tho same for ' his and tbeir absolute use and benefit, subject never- ' theless to the Kegfllations now iv force ior the sale, ' letting, disposal, and occupation of the Waste Lands ■ of the Crown within the Province of Canterbury. ' Given under our hands at the sitting . of the Waste Lauds Board, held at on tiie dayot 18 Schedule C. Province 1 of \ , Canterbury. ) LICENSE TO DEPASTURE STOCK. Wiihreas of hath been duly declared to be entitled to ii license to depasture stock upon the Waste Lands ofthe Crown within the Province of Canterbury, upon the terms and upon thu conditions hereinafter mentioned : Now therefore We, in pursuance of the powers vested iv us as Coiumisi,' sioners of the \V raste Lands Board to the said Pro£ viiico, do hereby grant to the said , the exclusive license, from and after the date hereof, until the first day of May next, to depasture stock upon the laud situate aud bounded as hereinafter described, that is to say— and containing acres or thereabouts. Subject nevertheless to all the provisions and conditions containing in the Waste Lands Regulations now in force within the Province of Canterbury. Given under our hands at the sitting of the Waste Lands Board, held at on the day oi 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. Witness my hand this d y of 18 Witness APPENDIX,. Clauses 35 and. 43, which were repealed by the Waste Lands Regulations 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 afc the upset price of iorty shillings per acre; the time and place of sale, and the mode ot sale aud payment of purchase money to be as nearly ns may be in '■ accordance with the regulations herein contained, applicable to the sale of Town Laud. 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 iv such situation as he shall select, subject to the conditions as to form and frontage in : 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 Waste Lands Board that he shall have actually expended in the construction of such road, bridge, or drain. ProvV;! always that it sliall be proved to the satisfaction'of tlie'Board that the money so i expended hv the. applicant, tins been beneficially expended farlie use and advantage of the public. Provided al hat no application i'or less than twenty acres shall 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 laud, the party entitled may pay the balance in cash upon the same terms as other applicants to purchase rural lands under these regulations. Clauses 07 and 68; which were repealed by procla■nuitioii of the Governor, dated 14th August, 1856, published in the Provincial Government Gazette, Vol. 111., No. 17, p. 63, 4th Sep-

tember, 1856, originally'stood as follows: — 67. Holders of pasturage licenses with pre-emptiva 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 laud, to be exercised subject to these regulations as regards notice of application, payment of deposit nnd purchase money, price of land, and size and shape of blocks. If the land covered by such pre-emptive rio-ht shall be included witliin the limits of a run held by license under clauses 50 and 53, the holder thereof^ oh paying- rent for the same, may take credit for the amount paid by him iv 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 the pasturage licenses; but i any person holding a license under the Canterbury Association or the Government, shall voluntarily resign the same to the Government, he shall be entitlccl 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 w repealed by the " Waste Lands Rcgulati Amendment Ordinance, Sess. IX., No. 1 originally stood asfolloios ;— 33. Immediately on the payment of the purchase money in full, the purchaser shall receive fi-om the Commissioners a " License to Occupy," in the form set forth in the Schedule A hereto annexed, which he sliall 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 Waste Lands Board every year, in advance; for the first year on the issue of the License, and for the second and every subsequent year on the first day of May; and every pasturage license not renewed by payment of the required tee on the first day of May shnll unless good cause to the contrary be shown to the satisfaction of the Waste Lands Board, be considered as bandfooned. i n i, • «■' *■ ' 50 Every pasturage license shall he m the form set forth in the Schedule C hereto annexed, and sliall be transferable by endorsement in the form set forth in the Schedule; and shall entitle the holder to the exclusive right of pasturage over the lands specified therein upon the terms above stated. It is intended that such license shall be renewable from year to year until the land specified therein shall be purchased, m-anted, or reserved, under these Regulations; and ff'so renewed, the fee to be paid in res pect of such licenses shall not be altered until the first of May, 1870 -Such license sliall give no right to the soil or to the timber, and sliall immediately deteimne over any land which may be purchased, granted, or reseiwed under these Regulations. A reasonable right of way shall be allowed through all pasturage runs. ._ 65 The applicant for any rural land included m any pre-emptive right shall deposit with the Treasurer ofthe Waste Lands Board a sum equal to 4s. per acre of the purchase money, and the remainder he shall nay within one week from the date of his application beinir trranted, or forfeit such deposit. Such deposit, however, shall be immediately returned on demand, if the holder of the pre-emptive right shall purchase any portion of the land applied for. ...■:,-.. 66 If the holder of the pre-emptive right decide upon purchasing any portion of thi. and applied for, he shall forthwith pay to the Treasurer of the Waste 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 purchase money, he shall forfeit such deposit together with all right or title to the land. : ' y* ;-. 71. All payments on.account of pasturage runs shall in future be made on the first day of Slay, at the Land Office, at Christchurch, and the Waste Lands Board shaU sit at that place for the Treasurer to receive the same. '■ ' ""■' '"'"