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DEMOCRACY IN AUSTRALIA,

( From the Spectator, January 25 J An explosion of gas always ■'induces a few score of householders to make themselves miserable by tnkiiig to candles, and we do not therefore wonder at the reaction against democracy produced by the American civil war. It is, however, going a little too far. The secret enemies of Liberalism are employing it to attack the principles as well as the excesses of popular government, talking of restricted suffrage as if it were a moral law, and condemning popular passion as if they wished to destroy instead of restraining the power of popular opinion. We are told that the populace always elect feeble men, as ifLouis Napq-' leon had been chosen by an aristocracy, and ordered to look at the American want of respect for free nationalities, as if Castlereagh had not been a Tory, or the authors of the pact of Vienna had been elected by universal suffrage. Now we are bidden to reject all Reform Bills because decent Americans would like to restrict the suffrage, and then we are ordered to cancel Australian freedom because the Australians in the crisis of a great question—o n less a one than their right to live on the soil they own —have dismissed one or two Ministries. We may safely leave the cause of English reform to the recoil which is sure to follow all this wholesale denunciation, but Englishmen only know Australian politics through the columns ot the very clever and exceedingly prejudiced correspondent of the Times. It may be worth while, therefore, to point out that although the Legislatures of Australia commit many blunders, still, if the indictment is to be made general, there is a large set-off to be reckoned on the credit side. At first we may remark that, although Mrs. Mothercountry ought, through her agent the Governor, to exercise in each colony a distinctly restraining and Conservative influence, any plan for the general resumption of the power of self-government is simply a matter of rather tedious political speculation. England has not the least intention of blockading Australian ports, because her own next Reform Bill has been anticipated by a few years, and a few lucky mechanics have been elected to seats in unpaid Legislatures, and short of that the power to resume self-government does not exist. The local Governments with all their faults, have secured the attachment of the people—and most conservative of results— and must work out their own problem without any intervention of ■.Dens et machina in the struggle. The Colonial Office may keep a tighter hold on-their Governors—and we sincerely wish they would ; nviy abolish the upper Houses, which only deprive the Chamber which is the real depository of power of its most conservative element; and may,-of course, employ as well as retain the constitutional powerof veto. i>ut there is only one' event which would justify the suspension of the power of sell-government, and that one is believed in Austria itself to be impossible. The best Australians declare that the,idea of repudiation, so sedtiously ascribed .to them has never been entertaiird, and challenge their calumniators to produce one speech having the tendency, one pledge to give a note in that direction, one morsel of testimony that any influential politician, no matter how radical, has ever expressed a wish for so disgraceful a course. We quite admit that a repudiating colony is an evil England could not patiently endure, but the fact that a Mary-' lebone vestry is vulgar and capacious, and given to jobs, is no proof that it will not pay its contractors, or that it ought to be at once punished without trial for fraudulent bankruptcy. Nor is it one whit morp proven that mechanics and small shopkeepers, even if they did form a majority of the Legislature of Victoria, would repudiate their just debts. On the contrary, they are a great deal more likely to. despise the higher moralities, and take credit to themselves for the possession of all practical virtue, because they pay .their little bills. The Legislature of Mississipi, the most impudent of repudiating bodies, was not composed of mechanics by any means, but of the chosen chivalry of the State, great planters, strong advocates for the right of every, man to his property, especially when property happens -to have a soul in it. The only .act of open repudiation of a public, debt which ever' occurred in England was ordered by a King, Charles 11., and supported by a Cabinet which contained blood as pure as the Howards. The. fact is that the Legislature of Victoria has some working men and small shopkeepers, and rather more, perhaps, than its fair proportion, but it has also men of undoubted wealth and respectability. Three members of the new Cabinet, Messrs. O'Shauassy, Haineg, and Nicholspn, have filled the office of Premier, and may claim a social grade at least as high as that of the doctor who, a hundred years ago, was the hope of the English Tories, and the "son of the working weaver," as he called himself, who is to-day, and will be a hundred years hence, the regretted chief of the entire nation. But these Ministers are changed so often ! Of course they are changed, as Ministers are in England whenever a great question approaches settlement, and the numbers on either side become almost equal. But the last Ministry of Victoria. Mr. Heales', lasted twelve months, the usual lifetime .of a Tory Ministries in England, and there have been .but four Ministers since the concession of the. selfgovernment. In New South Wales the present Ministry have been in power, with one interval of four months, since 1857, a-long term for a Brittish Ministry, and all parties in all the colonies seem, anxious to retain as many old men as a most shifting society will allow, and so keep up the traditions of office and personal responsibility. Then the objectors forget altogether to regard the positive side of this self-government question. .They tell us the number of changes, and descant on the pedigree of individual Ministers, but they never mention. that the despised legislatures have established a system of municipal government throughout the interior, created district, courts which work as easily as the county courts of England, taxed their electors for a broad system of national education, connected all the great cities by the electric telegraph; and succeeded in laying the foundation',of a conservative society,, by enabling small capitalists to invest in the purchase of public lands. This is a fair share of measures for bodies which have only endured six years, and which have had to suruggle with all the difficulties of an unorganised Executive, and repeated constitutional change. That they have gone too far in the way of the suffrage is undoubtedly true, and true also that an English tradition has made the looal Radicals anxious for the most stupid of democratic decrees, the payment of members ; but these evils are not to be cured by resuming the constitutions. The colonial olive can veto these bills if it likes even now, and for the rest the scene which we witness to-day in Canada, is not precisely the one which should make us despair of the consequences of selffovernment to the imperial relations of any Inglish colony.

The "Evil Eye"-in Ireland.—An extraordinary assault cnse has been heard at Mitchelstown —Thomas Quinn stated that he \va3 sent for by John Condon, John Condon, jun., and Mrs. Condon—the defendants in the ease—to their house, where he went; and that the defendants dragged him into tha piggery in the yard, and assaulted him; that they insisted on his spitting on, three-larce pigs which defendants were preparing for market, alleging that complainant had some days previously cast an evil eye on the pigs,l and by some witchcraft or necromanov prevented them from using their food for. seven days.—Sub-constable Macaulay deposed.that he was sent for to,compel Quinn to remove the charm from the pigs.—Mr. O'Mara: My defence is, that the defendants state most, emphatically tliat complainant came to their house, stood over the pigs, 'and by some mysterious or unholy spell or influence prevented them from using food for seven days. Your Worship may perceive, on looking at Quinn's vulpine counfnance, he has an evil eye (loud laughter). ri>e

defendants sent for him to remove the evil he had done, and went for the police to induce him to do so. Quinn refused, and suid, "Go herd them to the ." Defendants then went, to some ancient prophet or soothsayer to consult him on the matter, who directed defendants; to procure Quinn's stockings nnd pocket-handkerchief, and boil them, and give the water to the pigs. Defendant (CondonJ beinp: brother to Quinn's wife, actually pot the stockings boiled, and gave the water totho pigs and they were ns voracious as hawks instanter (loud laughter).'Mv. Browne: It is a moat deplorable exhibition; to see persons of your age so utterly ignorant as to believe in the odious superstition which you seem to labor under in this case, as stated by your attorney. Let each of the defendants be fined —John Condon, 2s. 6d ; his son Is.; his wife Is.; nnd costs. Important to Newspaper Pbopmetoes.—ln the London Sheriffs' Court, a curious'advertising case has been tried. The plaintive, Mr. Leigh, brought an action to recover £15 damages against the proprietor of the Christian Cabinet, Mr. Shaw, for non-inser-tion, as per agreement, of the advertisinent of '•Lei"h's gout pills." After hearing the evidence, which on both sides lasted two houra, his Honor said he thought after defendent had agreed to insert the advertisement for a twelvemonth, he was bound, to carry out his contract. It had: been sworn:on the side of the defendant, that the reason of the noninsertion was plaintifi not paying the quarter's nccourit, but oh the other hand it was denied by the defendant thnt the space was more valuable to him than if filled with plaintiffs advertisement. He therefore must find for plaintiff, with 40s damages and costs. . A Test op Love.—Single, ladies often cross the water under the espicial care" of the captain of the ship, and if a love affair occurs among the passengers, the captain is usually the confidante of one or both parties. A very fascinating young lady was placed under Morgan's care, and three young gantlemen fell desperately'in love with her.' They were all equally areeable, and the youug lady was puzzled which to encourage. She asked the captain's advice, "Gome on deck," he'said, " the first day when it is perfectly calm—the gentlemen will, of course, be near yau. I will have a.boat quietly lowered, down; then do you jump overboard, and see which of the gentlemen will be first to jump after you. I will take care of you. ' A calm day soon came,:the captain's suggestion was followed, and two of the lovers jumped after the lady at the same instant. But between these two the lady could not decide, so exactly equal had been their devotion. She again consulted, the captain. "Take the man that didn't jump ;—he's the most sensible fellow, and will make the best husband. '—Autoinogmphical Becollections. . By the late Cnarles llobert Leslie, B. A. .:■:•- ; - ■" : ■ :

not appear himself or by some person duly authorisd" on his behalf before the Board ..when called in his turn, his appi.'atiun shnll.lic dismissed until his name shall appear nguin.in the Book in order. Provided also that, if two or more persons shall apply at the same time to write ihtjv names in the Application Book tlic Chief Connii«»'oner shall bracket their antes, nnd sli»H initial the bracket; and when they all appear hrfnre-iho Bonrd, the Bon.vri shall deter-' mine the priority of richt 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. 34. 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 10 the Treasurer, and generally of all the proceedings of the Board ; nnd such minutes shall 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 of the sum of two shillings and sixpence for every such inspection. . ••. 111. —SURVEYS. 15. There shall be a Chief Sun-eyor, who shall be appointed and removable by Warrant under the hand of the Superintendent, and" as many A distant Surveyors as shall be necessary, who shall ue appointed and removeable 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. >* :, r 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 thereupon give receipts for the same. 18. —By the G2nd clause of the Constitution Act the Governor is authorised and required to pay out o the revenue arising ..from the disposal of the Waste Lauds of the Crown all the costs, charges, and expenses incident to the collection, management, and receipt thereof; and also to pay out of.the said revenues such 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. .--.""- T. —PUBLIC RESERVES. 19. Reserves for the uses of the Provincial Government and for other public purposes may, upon the ecmnmendation of the Provinciiil Council, be made by the Superintendent; and shall not be alienated horn the specific purposes to which they shall have been severally dedicated, except under the provisions of an Act of the General Assembly, entituled 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 shall, as soon as possible after it shall have been made, be published in the Government. Gazette, of the Province, : and set forth on the authenticated maps in the Land • Office. 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. 20. Reserves for public highways, bridle-paths, and foot-paths, shall be made by the Superintendent, and shall be set forth on the authenticated maps in the Land Oflice. The Superintendent and the 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 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 recom ( -, mendation of the 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 aiid " published in that behalf; in the same manner and under the same authority, as these,-present regulations ; ■■ >i: VI.—TOWN LANDS. : 20. The 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 which shall _be i determined by the Superintendent and the Provincial Council; and 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 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' sections numbered consecutively, so far as laid out, showing the 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 the Superintendent, or upon the application of some pei-son-who shall, at the time of making" such application, deposit ten-per cent, of the upsetprice with the Treasurer of the Waste Lands Board.s feuch deposits shall, if no advance on the upset price oe made, be considered as the deposit upon the sale, at such public auction. ' 28. If any section shall be purchased by other than the original applicant, the deposit money shall be, forthwith returned on demand, 29. Ton days at least before any such auction sale, a list of all the sections about to be oflered for sale' shall be published in the Government Gazette, and one or more newspapers of the Province. 30. Every auction sale of land shall be held by the Commissioners in open court as hereinbefore provided. . 31. The person who shall be declared the Ugliest bider at such auction shall immediately pay a deposit often per cent, of the purchase money to* the Treasuror, and in default thereof, the section shall be again immediately put up to auction.- ■ - . paid to the Treasurer in full, within one weok after 32. The remainder of thn purchase money sbal Ilir the day of sale j and, in default thereof, the pur chase shall forfeit his deposit money, and also al 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 auctionat 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 nrice 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 byarontage lines or private lands as to contain lessvthan 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 as may be in accordance with the regulations herein contained applicable to the sale of Town Land. Provided, 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. 36. 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, to any stream or watercourse which shall have been declared bj nui:ft<~a~»»3-ii L jb.e Government Gazette to constt- • tutc a frontage for-iUt=-i»>«. VO s e of selection. 37. Where, from the frontage „„£ being a straight line or rom the interference of othei e. on tage lines, natural features, or the boundaries of prrvM<~,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 of the Board, circumstances will admit. 33. In sections of lands not adjacent tojjrjjounaod.. by a frontage line, all the sides mayJ«r equal, but one b&c may not be less thanone-tmrd of the 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 anj 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 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 off 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 he without the surveyed districts, the expense of the survey nnd of connecting such survey with the exi^g.B"™^ *hall be borne by the purchaser, who shall at the time of purdia^e deposit the.amount of the est.mated cost of suchlurveys with the Treasurer of the Waste Lands Board, which shall be made as soon as^ practicable by order of the Chief Surveyor. Provided aWs, that should any section when surveyed prove tn. diner 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 m the selected, locality falls short of the quantity paid for by,*" purciianw, the Treasurer shall repay so much/™ 18

'purchase money-as exceeds the price of the land to h conveyed. The "License to Occupy" shall, in an; such case, be amended by the Commissioners, in nc cordance with the report of the Surveyor, and tin Crown Grant shall be mr>de out in accordanci therewith; and the "License" shall be returned ti tho Commissioners when tlie Crown Grant shall bi fuiied. : . . >. . . . 41. Ativ person making a ditch and bank fence oi lands adjoining Waste 'Lands of the Crown may taki out of such lands half tho land required for the ditel and bank: provided that no ditch or bank shall bi more than six feet in width. : VIII.—COMPENSATION LANDS. 42. Whereas it is desirable. that private person; should be enabled to receive portions of Waste Lam in exchange for private lands taken for j roads or foi other public purposes; if any person shall be entitles to receive any compensation in respect of any. lam which .shall have been taken for the purposes of r road.or.of any other public work, or in respect of an> damages * done to his property by the taking of sucl; land tor such purposes, such person shall, noon application to life Waste Lands Board, be entitled tola .grant'Of rural land in such situation as he shall select, subject to the conditions, as to form and frontage in theseregulations contained, to the extent of one acre for every two pounds sterling of the amount of compensation which the applicant shall 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, or drain, 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 t6 reserve such portion oi land from public sale for such given time but no longer; and such person, shall, on the completion of such contract, be entitled to a free grant of such laud, 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 bonrljide 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 in the district. Every such reservation of land from public sale shall be published in the Government Gazette of the Province, as directed in clause 19 of these Regulations. •'-■' . ■ . . .No such reservation shall continne in force fora ' longer period than twelve calendar months from the date ion which it shall have been made. No land included in a Pasturage License with Preemptive Right shall, as againsf 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 64 and ,66 to these 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 lias been passed by the Provincial Council. No gi-eater amount of land than 1000 acres in the aggregate shall, in any one year, be reseived or granted under the provisions of this clause, without the special sanction of the Provincial Council. Provided always that every parcel of land so granted shall be subjected to the same sonditions as^to form and frontage as any rural lami so «under these Regulations; provided 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 lands under, these Regulations. IX. —NAVAL AND MILITARY BOUNTIES. .: -s 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 of the Waste Lands within this Province, subject to the conditions as to form and frontage contained in these Regulations; provided always that 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. —PASTURAGE. 45. Until sold, granted, or reserved for public purposes as herein provided, the Waste Lands maybe 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 shall state to the Commissioners what are the boundaries and extent of the run applied for, and the number and 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 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 bo 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" shall be construed to mean sheep, male and female, with their weaned offspring. 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, shall not be greater than one-half the depth. 49. The fee to be paid for the license shall 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 acies, two-pence per acre, for the first thousand and one penny per acre for every acre in addition. Vnr <"vfrv run crmtaininsr 5000 aerfif 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 subsequent year; provided that the first year shall be taken to be the time elapsing from the date of the original license to the first day of May next following. 50. Njb.pasturage license shall be granted for a less annual fee than £2 10s, -• . . ■ 51. The fee shall be paid to the Treasurer of the ■Waste Land Board every year, in advance; for the 1 first year on the issue of the license, and for the second and every subsequent year on any sitting dayiofthe • Board, between the 20* th 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 the first day of May, .shall, unless good cause to the contrary be shown to the satisfaction of the Waste Lands Board, be considered as abandoned.

, 525, Every pasturage license shall be in the form set forth in the Schedule C to the Waste Lands Regulations, and shall 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 shall 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. Siiph 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. Area--sonable 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 than that originally required, or during the next tlrree years less than twice that amount, or:during any subsequent period less than three;times whole or a portion of such run to be forfeited; prodded always that with regard to runs granted prior to" llie 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 <ne or more runs held by the same individual or firm jiay for the purposes of this clause be considered as one iin.

,i 54. In any case in which a runholder can prove to he satisfaction of the Waste Lands Board that he is P»cluded by arrangements entered into previous to the P^ng of these regulations from actually, for a given penu t placing his stock on his own run., it shall be sufficintifheprove to the satisfaction of the Board that lit possesses within the Province the requisite Mnount <f stock, and will undertake to place the same a the run^t the expiration of such peoiod. 00. Every holder of a license shall, at any time, upon a written ord^from the Waste Lands Board to; that effect, make a b> U e and complete return of all the stock a his run: an<» if he shall wilfully and knowingly ijake any false ret.m, the Waste Lands Board shall immediately declareMs license to be forfeited. 156. Every run or portion thereof which shall, have pen forfeited, as above provided, shall be" put up by fie Waste Lands Board to public auction, after an adjertisßinent in the Government Gazette, and one or hovu-newspapers of the Province. A license granted ■fter lorr**nrcguaH be deemed to be an originallicense. italic WuL&r_the Superintendent to reserve or siEpcig such forfeiture either wholly or in part. -: •57 .^ery person taking out a license for a run which ia n o3tocke(T will be required to deposit with the Treasurfthe sum of ten shillings for every hundred acres ih ' f ded in tlie J.cense, which will be returned without as soon as he shall have'fulfilled the conditions' i.espect to stocking the run within the prescribed ? oJ: but if sucii conditions be not fulfilled such debits shall be forfeited f 58. The above ru respect to stocking a run, and i 8 the lodgment of money with th« Trowu^, J

shall not apply to ru l -containing less thansooo acres. 59. Evn-y bolder of a license may be required at any time to pay for the "actual cost of the survey of his run at. a rate not excceding2os. for every thousand acres.

CO. Every holder of a pasturage 'ieense shall, upon application to the Waste Lands Board, bo entitled to a pre-emptive right over portions of his run, as follows: —For a run of not loss ban 1.000 acres and not more than 5,000 acres, oyier a blocli of land comprising and circumjacent to his .homestead to the'extent of 5 per cent of the acreage of the run. For a run of 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 byany 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. . 151. The Licensee shall at the time of his application ,-to the Bo<ird give a sufficient description of the lands over wliicn he claims such pre-emptive right, to the satisfaction of the Chief Surveyor. Arid the same shall be marked off on he authenticated Maps in the Land Office.

62. The lands included in such pre-emptive righ 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 Waste 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 which does not include the whole of such block. ,

64. The right of pre-emption hereby given shall be exercised within one week for all lauds within twenty miles of the Land Office, at Christchurch; noil within one month for all lands at a greater distance therefrom; suoh 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 of the lauds included in the pre-emptive right. Such 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. The applicant for any rural land included in any pre-emptive right shall deposit with the Treasurer of the Waste Lands Board a sum equal to 4s.,per acre of the purchase money, and tho 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 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 of the .Waste Lands Board a deposit of 4s. per acre of the pywJuise money of such portion; and, if he shall not v "'.' ~> six weeks thereafter have paid the remainder of vtu f/archase 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 applied for, such portion shall from and immediately after such neglect or refusal be released from all right of pre-emption and open to purchase on 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 lands included therein, upon the terms of these Regulations, with a preemptive right over all such laud, to be exercised subect to these Regulations as regards notice of application, payment of deposit, purchase money, price ot 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!sb'y liGcuse under clauses 50 and 53, the holder thereof in paying rent for the same may take credit for the amount paid by him in respect of. lauds covered by such prc-omp-tive right. .'.'.■'.. ; 68. Holders of pasturage licenses without preemptive right shall be entitled to hold such licenses or to iiave 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 shall be entitled to receive a license under these Regulations, and shall from the date of such exchange hold liis 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. In the event ot improvements having- been effected by the licensee of a run on any land which shall be reserved by the General Government or by '■ the Provincial Government under these Regulations, the licenseee shall receive paymont of the value of such improvements, such value to be decided by arbitration undor direction of the Waste Lands Board, and to be paid by the Treasurer of the Waste Lands Board out of the land fund." • 71. All payments on account of pasturage runs shall in future be made on or before the first day o May, in accordance with clause 51, at the Land Ofhce, 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 shall 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 ot the Superintendent and Provincial Counil, at any time, and from time to time, be proclamation in the Government Gazette of the Province, to reserve for the purposes hereinafter mentioned any lands within the Province, adjacent to or in the neighbourhood of any town, now or which may hereafter be formed, and to declare that 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, all such licenses sliall, 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 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 be 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 time 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 renjoving timber i 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 paiu upon every monthly license, and of £5 upon every yearly license. 78. A license shall entitle no one but the person 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 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 j person shall cut timber within 50 yards of such pit « "without consent of the person first occupying such i saw-pit; provided that if the person establishing such 1 pit shall not use the same, and shall not cut timber i within such distance as-aforesaid from the pit for 28 i consecutive days, it shall be lawful for any other holder j of a license to enter thereupon, and 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 i Lands of the Crown and npt being a highway, it shall i not be lawful fp.r any other person to use the same i without the permission o^the person making the same first obtained; provided that if such road shall not s be used at any time for 90 consecutive da;' 9, it shall i be lawful for any holder of a license at any time there- < alter to use the same.. ,i 82. If any person holding a timber license shall be ' proved before the Waste Lands Board to have ' offended against any regulations herein contained re- I specthig timber, or to have wilfully or negligently in- '• ured or destroyed by fire or otherwise any timber be'onging to the Crown, such license shall be, and shall ' be immediately declared to be forfeited, and it shall be .' at the discretion of tlic'Board to refuse to issue another timber license to the same person. ' i

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https://paperspast.natlib.govt.nz/newspapers/ODT18620424.2.29

Bibliographic details
Ngā taipitopito pukapuka

Otago Daily Times, Issue 137, 24 April 1862, Page 6

Word count
Tapeke kupu
7,420

DEMOCRACY IN AUSTRALIA, Otago Daily Times, Issue 137, 24 April 1862, Page 6

DEMOCRACY IN AUSTRALIA, Otago Daily Times, Issue 137, 24 April 1862, Page 6

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