OTAGO LAND REGULATIONS,

Otago Daily Times, Issue 137, 24 April 1862, Page 3

OTAGO LAND REGULATIONS,

As considerable uncertainty • seems." to' prevail respecting: tho exact provisions of the Lan.t Regulations of the Province of ptago, we have thought it advisable to lily bjforo our readers s:ieli an abstract of them as may serve to guide intoridmg purchasers. . . By proelam'itiou,1 published indie" New Zoaland Gazette" on t!ie 12th 'February, 1853, 'ami afterwards published, iv the " Otago Provincial 'Government. Gazette/ a series of Land 'Regulations was issued, to supersede any previously in force. The first and second clauses provide merely for the • repeal of former regulations; and the substitution of the new ones. Clause 3 provides for the division of the Waste Lands of the Crown into the two classes of Rural Land and Town Land, reserving to the Su- ■ parintendent and his Executive Council the power to declare that any land shall cease to belong to either class, and be considered as belonging to the other :—'- ■ . TOWN LAND. 5. All town land shall be sold by auction according1 to the Regulations hereinafter prescribed for. auction. The upset price.of. allotments of such land shall be fixed by the Waste Land Bojird, subject to the approval of the Superintendent and his Executive Council. .••■■.-. . : . . - iv.ote. —Town Lands are sold in allotments or sec: tions of one quarter acre' each, and the usual upset price is.£l2 10s. per quarter section. .By the Town Land Sato' 1857, the Waste Land Board has power to deviate from rule No; 5, and to sell town lands without putting them up to auction, but to sell to; any person petitioning and showing'cause at a price to ba fi.tecl by the "Board,"'with the'consent of the ;Superintendent. In practice, this course is only resorted to where land which has been rural.land aud -remaining, unsold has been laid out' as a town, and persons have houses" or improvements erected upon such land ; or where, for public: convenience, permission is "granted to. erect buildings before a town can*be, surveyed. In such cases the price fixed by the Board "is :the average price for which the adjoining sections haveisolds at ..auction... ~By .the sanieJaw^th.e, Board has'power,to sell Irreligious, bodies oho acre; of town lan'l; for the site of; a church orother building for religious purposes at the upset price. ■ , ... .;■ HURAL LAND. . . ; . 6. .All rural land shall be sold at a uniform price of LI per acre,:subject to the conditions hereinafter contained. ~.." ■..-' '■. -. •;.. ..-. ~; ~-■■ ■•'.'■ -... =.-, Note.—Prior to'the Ist'November, 1860. the'price of rural Ifthil XviW lOs.peracre. -This alteration'was made by proclamation of the Governor, in accordance with a; resolution to that effect, passed by the Provincial Council of Otago. -'■■ -: ■'-.'_ - The conditions alluded to in clause 6 are embodied in "the following .clauses,,: .. , ; . ■.-..', .....-.,. .' 7. .Every npplicant'for the purchase .of rural land shall, except as hereinafter provided by clause No." 13 on'payment of LI per acre.for the land specified,inhis application, or for suoh part thereof as shall be granted to him by the Waste Land Board, •• receive :i'rom the said Board a certificate eiititling him to take possession of the land therein specified under an 6hli-_----gation asa condition of purchase to lay out upon the said land within four years from the date of such certificate, in money or labor, for all.improvements including buildings and fences,-a sum" equal to 405.: per, acre. ' : "'. •' :. .• • i•: .•■ ': ■£•.- '. ' .; 8. Every holder of a certificate as aforesaid snail be. entitled to demand and 'receive a Crown'"- grant-in' fee' of the land specified in such, certificate,: so soon as he; shall Have proved to the satisfaction of the Waste Land Board that he lias fulfilled the conditions of purchase hereinbefore provided by clausp 7: '•■ ' ■■•■:' -9. No holder of a certificate as aforesaid shall, be entitled to assign the land .specified" therein until he shallhay'e obtained the consent of the : Waste1 • Land Board, and on such consent being given" the person to whom such land shall be assigned shall, on payment of a fee of 20s, be registered by the' said Bonrcl as the procer occupier of such land, and.shall be .entitled .to, a Crown.grant as aforesaid,' so soon as ..all, _the conditions and obligations incumbent on .the original grantee shall have been J-'nlnlled.- '; ! -*:- -10. Every application for the purchase of rural land; shall bo made to the Waste Land Board, in a form to be by it prescribed, and its decision on such", application shall be given on such day as it shall appoint, at which time the applicant shall deposit LI per acre for the land, applied for him. . y '■ 11. In -the event' of two or more persons having; •made application for the same land on thp same day. such land, if the Board-shall decide that.it should.be sold, shall be put up for sale by auction at-an upset price of LI per acre, the said, applicants alone being allowed to bid for the same;,,- ' . ■... .;• ',- . ■ ,Note."—ln reference to this.clause it is n3cessary to observe that the original: intention was that each, person should apply only .for the particular lot he intended to purchnse/but (Swing .-to the inconvenience of this arrangement the' praeticohns arisen' of each applicant applying for the whole block, and then bidding only for the allotment he requires. The putting in. pan application involves no responsibility, aslthe appli-cantimiiyJifho'-ehoose-refrainfrom bulding...... j : . . ■- 12. No application for a less quantity than 10 acres of rural land "shall, except as hereinafterprovided by clause 19, be granted by the Waste Land Board, and .the land specified in every'application shall, so far as the features of the country and the survey of the Province will admit, be of a rectangular form, and, "when fronting a river,, hike, road, or coast, be of a depth not less than twice the length of .the frontage; "provided always,'that under" special oireiimstances, the Waste Land Board may deviate from such lnile, and may; also permit, proprietors to comple their properties by the purchase of adjoining lands' of_,irregular shape" and :of small extent, provided Such purchase shall not. unduly interfere with the advantageous division of the adjoining land into convenient allotments. • ; 13. Phe Waste Land Board at the' time of any application for-ainsurveyed land being -granted, or,as soon as conveniently.may be'thereafter,, shall inform.' the applicant-.that the land applied for by him will be surveyed at the expense'of the Government;' or, that the applicant must have. the.land surveyed at his own,, expense by a surveyor to be autorised. by the said Board, and every survey made by such surveyor shall be approved-, by. the said : Board before the applicant shall.receiye a certificate entitling.hull to take possession of the land specified in his application. ' ; '' '' " 14.' In every case when an applicant shall have had land surveyed at hijown expense as aforesaid, .lie shall bo entitled to receive ah allowance at the rate of ten.acres tor every 100 acres so surveyed, as compensation for. the: cost of survey.. .;,,•!:';■;:: <-.--.■ .15, Every survey to ba performed at the expenso of an applicant shall be completed and delivered' at the Waste Land: Office within ;six months after day on which his application was granted; and in default thereof it shall be lawful for the Waste Land Board eithertb have the lnnd.surveyed and charge the ex-: pense to the applicant, who shall pay the same befsre he shall be entitled to receive a certificate as aforesaid, or it sliall be lawful for the said Board to" dispose' of thesaid Land to, any. other applicant, and in such latter case the money deposited by tlie first applicant shall be returned to him', 'on demand after deducting one tenth part:thereof as at forfeiture: for his.default; or in case the ilrst applicant shall refuse to accept the said land after it shall have been' surveyed the money deposited sliall be' returned to him on dernandj after deducting one tenth part-thereof as a forfeiture for lib default, and such further sum as may be necessary/to cover the expense of siicli survey' :. :' ' ' '•■■':.''■ Note.—These, clauses .13, 14, rind 15. have fallen into disuse, the Provincial Council having resolved that it was not advisable' to sell land previous to its being surveyed. All land is now surveyed by, the GO7 vcrnment prior to. its being offered for sale, and the practice of the Waste Land Board is to'advertise that a particular block of land ha 3 been surveyed, laid off in sections, and will be open for application on a givenday, stated in the advertisement) bsing between one and two months from the date of advertising, anil that the maps may be seen at .the.Land.gffiee, .„. The object' of this rule is, thiif the whole of the public may have an equal opportunity of making; selections: and of examining. the land before applying', an advantage which, would otherwise be only possessed by those acquainted with the exactstate of the work in the Land and Survey departments. On the .day stated in the advertisement, nppliration. are made at the Land office, and 'as the land in the newly, surveyed district is in gr'eht demand, selling often considerably beyond the upset.price, 'it-lias become the habit of the applicants to apply for the \yhole of the sections in the block,, in- order that they may have-the opportunity of bidding for any section should they fail to obtain the one they particularly desire;- winch. could not he done had ,only one section been applied for.. The Waste Land Bonrri by clause 03 of the resulatfons is bound to post all applications in a room at tlio Land Office, open, to the public, for a period of not lcjß than, ten days; and any person may object to tlie granting of an npplication, in which case the application, instead of being decided by the Chief Commissioner as a matter of;-routine,- w r.eferred to a ..meeting; of,.the. Waste Land Board. For the public convenience, the particulars of the applications received are advertised in the local papers, as well as being posted in the Land Office, and a day is stated on which the decision will be given. In the" ease of two or more applications' being made! on the same ;day, the decision must; by clause;ll, be, that the land be put up.to auction be : , tween the npplicants. On the day of decision the . applicants must'attend personally or by a duly aiitlioriscd agent, and the highest bidder becoming the purchaser, must pay down the full amount of purchase money. Should there be but one applicant for any quantity of land, it is granted to the applicant as a matter of routine, at £1 per nere. Should there be no applications fora newly surveyed block on the day on which it lias been advertised as open for application, it remains open for application at any time, the applicants haying priority according to the date of their applications. 10. It shall be lawful for the Supprintendent, with the advice and consent of the Provincial Council, to reserve from sale and set aside for public uses, any land within the Province of Otago, and s>uch reserves shall be dealt with by Ordinance-of the Superintendent and Provincial Council. 17. It shall at any time be lawful for the Waste Land Board, with consent of the Superintendent and Executive Council, to offer for sale by auction, or to dispose of by lease^ 83 hereinafter provided, any laud

which shall be deemed to possess special value, as containing minerals. ' IS. It shall be lawful for the Waste Land Board, with the'<;onsent of the Superintendent and his Executive Council, to refusu to grant the application of any Seraon for any laud if it shall appear to the said ioard that tiio'saie of suc'n l;uid-would be.injurioas to tho public interests : Provided also that it shiill be lawful for the said. Board, with the like consent, to receive and grant application* from any person for the purchase of any rural land upon which timber shall be standing in such quantities as the said Board shall ,see fit; and at the same price per acre as is herein:, before fixed for tho sale of other rural land. ,' *. MINERAL LAKD LEASB3. 19. It shall be lawful for the-Waste Land Board with the consent of the Superintendent andliis Executive Council, to grant upon the following terms and conditions, and upon such other terms aud conditions as they shall deem necessary, to any person applying for the same a lease of land containing,, or supposed to contain, minerals :; — ,1. That the lease shall comprise so' much land, not being less than five nor more than eighty acres/ as shall inrthe opinion of the Wasteland Board ~. . be necessary for the efficient working of the "minerals. ' '■ 2. That the term to be granted shall be any number of years not exceeding, twenty : one, at the option of; the lessee. :•';.-.■ ■ *....'- ---3.' That there shall be reserved a royalty or rent of ! .--. one-fiftesnth of the minerals to be raised, except on coal, in respect of "which the royalty or rent shall be. nominal, provided the. object of i' " rsuch lease shall be to have coal brought to market in abundauce, and at the lowest . . price. Z ...-■-..,.. . '...... '■ 4. That the lease shall contain the usual clauses in- : troduced into mining leases—l. For securing payment of the royalty or rent. 2. For enabling some person, on. the part of the lessor 1 .: from time, to time, to enter, and examine the .._. . mi'der 3." For securing the regular, proper, ' and"efficient winning .and working; of the ': ' " ( - minerals. .;:4.' For. making .void the, lease on. . ::■ broach .by the lessee-of- the covenants therein' contained. - 5. For delivering mp the property at the termination of the lease in good tenant- !'. ,■. able repair. 6. -For ..enabling "the lessee to , abandon the working of the minerals whenever heshallfiud the :same unprofitable to; work, : -. and to surrender the lease. : - ~ ~. 20. Every application for a lease shall be sent in bythe applicant, and dealt with by the-Waste Land Board,' "ashereafterprovided by clause No. 86,3ndintheeventof anauefcioh taking place, theupsetpriceforany lease not exceeding the 'term., of twenty-one years shall be a royalty -or: rent (coal excepted,-, as." hereinbefore, mentioned) of one-fitteenth of the minerals to be raised. ,-21. The land comprised in any mining''lease may, at! the of the lessee; at any time after.'an occupation of three.years, be.jiut up for sale, by auction, subject to the lease thereof already granted, at.au upset price to be fixed by "tlie'.Waste Land Board, with' the coucurrenceof the Superintendent and his Executive.Council. - . • • '..-,. 22. Every applicant for a milling lease shall furnish to the Waste Land Board within a, time to ;be fixed by the said Board after the application sliall huve been agreed to, a plau and' description of the land to be leased, which plan and description shall be made and prepared bya surveyor to beapprqvedof by the said Board. " - ."■" . ;-. "•"■ . '''". ,■•■•.--' : AUCTIONS. " -■■' "-■ ' - ■' 23 to :26. Kegulate the forms of sale by auction.. Ten per cant, of the purchase money niiist ba depo--sited at the time of sale, in every instance"'(excepting in case of auctions between applicants under clause ll);,aud the remainder' must be paid within one month, on pain of forfeiture of the deposit. *' . "■ FEESFOR CROWN. GRAKTS. . >'■ '■■■! '"" . 27.'Pees qh Orqwn Grants shall be payable,before the delivery of -every,Cro.wu Grant, and shalLnot ex-. c.eed 20s. in each case. -*' " ' ' ' ' ' ' ■ ■ ■•" : , ■ .-. WASTE LAND BOABD. ' ' ; ', 28. Provides for the.'adjustment of claims, under temporary regulation in force prior to Ist April, IB.OOY ■■" . .:'. " -..-•: .! '..-. ;.. ■• .-'. ■■:.< --.':! 29. Waste; Land Board : .established to consist of Chief Commissioner, and at least two other Com-, missioners, to be appointed; and be removable bySuperintendent. ..-. y -.'■■ . - "-; ■ ■ ■-;:'.,•'•;•. -r i , 30. A Treasurer to Waste Land Board to be appointed and remdveable by Uovernment.' "' 31. Salaries of officers, = ■-: -■'■■::.-.,..: : ;• : ■: 32. All business connected with sale, &c,. of waste .lands to'be transacted by Waste Land Board. •", ■ ' 33. Particulars of applications for sale; &c,, of waste laud to be posted at.the,office of the.Board, -in: a room open to the public, for not less than ten days" before'application'decided on. • >*~ ' ■ 34. Before any application, shall-be decided on.any person may give notice in. .writing to the Waste Laud, Board that he intends to'dispute .tlie granting of such application, and if such shall at the same deposit with the said Board ths sum of,s£s nonsuch application shall be decided on, except at a meeting of rhe said Board, after an opportunity shall have beengiven for a full hearing of ail parties. , The £5 so deiposited, or any part thereof, may be ; appropriated, in payment of-costs of either* party 'or returned "to the person' depositing the same, at the discretion of the sa.id Board.. -■. !. . ... j-.,•... ; ; ..f. ■ . . • 35. Every application in reference to which no such notice shall have boen'giveh,1* shall'be disposed of, and all the routine; business of the Waste: Lands ;Office,shall be transacted by the Chief Commissioner, subject nevertheless to" reconside'ratioh and -revision' by the said Board.; : .--.•' ' .'.-.. v:.- j , , " . = : . : • : ; - :-. :36. Every application in reference:.to which, any such notice asTaforesaid shall have been given, and ;every dispute and difference' relating: or incident' to the sale, letting,, disposal-and occupation.ofthe Waste . Lands of the Crown, or to" any act, clone under these Regulations,-or to 'the interpretation 'or meaning thereof, shall be heard and deteriained at meetings of the said Board., ~.-... • .. "-. ■ . : • .. 37. Every meeting of the Waste Land Board sliall be attended-by at least^three commissidnera, and shall be open to the public. ~ ~..,;... .- ... ,-"'' ....38. Notice of every such meeting shall be posted in some conspicuous place'in the office !of the Waste Land Board for not less than three days . previous to such meeting. . , - . _- ■ ■_ ' 39. The decision'of the Waste Land Board on all' matters to be by it heard and' determined shall; be final and conclusive;: provided always that "the said Board may, on the applieatioii'of any "person, grant a re-hearing of any case decided by it, if it shall "thinkthat justice requires it ; t and, on such re-.hearing, may reverse, alter, or modify any previous decision in the sainecase. .■ ' ': ::' >''.••■■'■ • '■'■-:■■::•■''., -. -40. Board to keep arecord of its proceedings -open to public inspection. " ','-■ „ ' *: .41.. Copies of all letters, _&c.,- to be-kept at Waste Lands Officej open to public inspection.; " . .-.- ; ■ . PAST OR AGE, REGULATIONS. ...... ,-,; 42. Itshall be lawful for the .Waste Land. Board to ■grant] Licenses for thebccu'patibn, of the Waste Lands: of the' Crown outside.of the-boundaries' of proclaimed Hundreds for .the, purpose bt, depasturing, i3tpck,,,and t > require every person applyiiiß for such license', to deposit with the Waste Land Board the sum of £10 which, so soon as the run-applied for shall' be stocked to its'.satisfaction, shall be returned.to the applicant; Vbut in the event of the applicant neglecting so;to stock to" stock.the said run' within .the space of six, calendar, months .from the date of hi 3 application, or within suoh further time, as the. Waste Land' Board may at the expiration thereof (if it shall see necessary) appoint, the.sumaodeposited shall, be forfeited to. the .Waste Land Board. , ,* .".'■',.",'" 43 to 47. Empower the Board to repel trespasses, arid distrain:for moneys due, &c. ■, : ; . *. v . .-■'' ASSESSMENT \, ON STOCK : DEPASTURED .ON CROWN LANDS NOT BEINQ' WITHIN : THE LIMIT 3OP A HUNDRED. ':■ -...-' !- ■'■; ."' .*■ '■ .. -- ; ; .. 48. No person shall depasture cattle on or other-; wise occupy any Wa3te Lands of the Crown without a license for that purpose in such form and subject tb; such conditions as the Superintendent by and with the advice and consent, of .the -Provincial Conncil ofthe Province of Otago shall from time to time pre-" scribe. ■:. ■"' ■■-• ■■■■'■■'•'' ■■ •■■ i'--.-' - '■ •49. Any person depasturing cattle,on, any; of the Waste Lands of the Crown not being within the limits of a Hundred, shall make or cause to be made to, and deposited with the. Waste :Lahd Board in the month, of September; in, every, yoir,, a,Return according to the form contained in the Schedule hereto annexed marked X, of all such cattle in his •possession on the first day of .the said month-of September. Andif any such person shall "fail to make* or cause to be made," 'such return at the time so 'appointed, or shall omjt to deposit the same with the Waste Land Board .in manner hereby required, he shall forfeit and pay for every such offence any sum not less than forty shillings nor: more:! than twenty pouuds, to be recovered in a summary way, Aad if any.persori s.hallknowingly make any false statement in any such return he shall forfeit and pay for every such offence any sum not less than fifty pounds, nor more than one hundred pounds, to be recovered by action in the Supreme Court, at the suit ofthe Eaid Board.,- - ■■■■:•■:■: ... ... • - . ~... . : .-•'...

50.-There shall be levied and paid in advance in each and every year, for and in respect of all cattle depastured and kept, upon any such -Waste Lands of the Cro^yn, the assessment following, that is to say :— For "every head of Great Cattle—Sixpence. -'■■"•'■■ ■■ For every head of Small'Cattle—One penny. - Which assessment shall be paid by the person, depasturing such cattle to the treasurer of the' Waste Land Board, on or before the first' day of December in every year., ■-■_ » ■ , - . ■ .■' "•

51. The Waste Land Board shall, on the first day of October in every year make an assessment of the chttlo depastured as aforesaid, and shall make a yeaily report therof to the Superintendent, and also' to the Treasurer of the "Waste Land Board, in the form and containing the several particulars set forth in the Schedule to theoe Regulations annexed, marked B; according to which report such yearly assessm jnt as aforesaid shall be paid at the time and in ' the manlier, aforesaid. • ,

52. On or before the first, day of November in every year, the Waste Land Board shall cause a notice, in the form set forth in Schedule C hereunto annexed, requiring payment of' such assessment as aforesaid, to be served upon the pc son liable for the payment of tho same, or to be left at his usual place

of abode, or with the overseer or person having the charge of the cattle in respect of which such assessment shall be made. . ' "J 53. In case the sum demanded shall appear to the person who shall be required to pay the same to be an'overcharge, it shall ba lawful.; for .such person to appeal .against such assessment to tho Waste Land Board: Provided, that 'notice, in writing,, of appeal and the grounds thereof shall be given to the stiid Bbaijd by the person nppualuig within iiftsen dayjs after^notice of such assessuiuut shall liavo1 been served as..; aforesaid ; and the said Board is hereby authorised, and required to liear and 'determine the 'maUeri'of such appeal, and to make such: ordertherein as to i£ niay seem meet.- :■ . • • ...' :.--..' 54.21/ In case any person' liable for payment of such assessment,- of which due. notice shall have, been served -as aforesaid, shall.refuse or neglect to pay the.amount due within/the time. prescribed by these. Regulations, it shall be lawful:for the .Waste Land Board to issue •a Warrant directed to a Constable to levy the amount ■so due, with interest at the rate of eight pounds per centum per annum, by distress and sale of a sufficient part of the cattle, or other- goods and chattels of the party liable, in like manner as in case of rent in '. arrear between landlord and tenant. 55. If "at any time the' amount payable by any party for any such assessment,- shall be in arrear and unpaid for three calender months after the same shall 1 become due, it. shall. be lawful for the Waste Land ; Board to declare by notice, to be published in the "Provincial Government Gazette." .that such person, has forfeited his license, and such person shall thereupon be liable, to be proceeded against under the provisions.of these! Regulations as an unlicensed occupier of .CrowivLatidi Provided, that such notice may at any time be revoked by the authority of the Waste Land Board; and thereupon such license shall.be deemed to be again in fidl force. , Such re-vocation to take effect from such time as the said Board shall in that'behalf provide in a notice to be published in the "Provincial Government Gazette." ; '• • ■ ' . MANAGEMENT;. .OEVLANDS : WITHIH. THE LIMITS OF A ■'"'"■ '; •.. .-,;"■, HUNDRED. ... , . .... : '..* 56. Whenever the Governor shall, by Proclamation, have"Wivided the Province, t orany^ part thereof; into. Hundreds, the rights of pasturage on Waste Lands of 'thejprown in any such Hundredj and-the apportioriirierit.pf the same, shall.be exercised and enjoyed exclusively by the persons who shall take out a Depasturing' License, as . hereinafter^' provided ; being pen-, sioners enrolled for service in" New Zealand, or persons of the native race, or "half-castes, respectively, ;Or others occupying land within the Hundred with the permission of the Government, or of the Waste Land Board.'' ; " ' : -.57. A depasturing license shall be granted to every such occupant who shall apply for- the sams to the Waste Land Board, oh'\of before the first day of January in each year, provided that lie shall have deposited with the said Board a. return in the form of Schedule!) hereunto annexed, of the number of acres occupied .by. him as aforesaid. ... '. 53.: Rverey such license shall commence and take effect on the first day of January, and shall continue in force for one year. ' ' ' . ,59.: For every such license there shall be paid to the Waste Land Board the sum of ten shillings. ; . •60.: As soon as conveniently jnay be after the Ist day of January in each -year,'"the: said Waste LandBoard shall publish in the "Provincial Government Gazette" a list of the persons to wJiorn and the names of the- Hundreds;.in respect .of which such licenses shall have been-granted,, and at the same time and in like "manner-the said Board shall, call a meeting of such persons ia each Hundred, for. the purpose:, of electing-from amongst themselves, by a majority, of votes,'any;number of persons : to act as..Wardens, not. ..being iefes than three, as the said Board shall.-in such notice direct and appoint; and such persons shall continue;ux office until the election of their successors, and shall have the regulation and' apportionment' of :the; right of pasturage within the Hundred for the .then-current : year,.or-until some other regulation- and apportionment thereof shall bs lawfully made in that -behalf. ..".. J". '■.'■. ,s;GI. The persons whose names shall be comprised in !such. lists,'shall have the exclusive right of. pasturage, on the Waste Lands of the Crown withiuthe Hundred in respect of which they shall hold such license. ; *G2; At "every -meeting to be heldibr the election of Wardens,., ar person .appointed. !by the Waste Land Board shall preside, aud in case of an equality of votes at any such election, such person shall have a casting vote. ... ,*. . ... • ..- ---' "63, In th*e:event of the death, resignation, or refusal to: act of any of the persons* so elected as aforesaid, the .vacancy shall be filled up by an election, to be conducted iv manner hereinbefore provided. ,'.'. " .. ■'!'" 64: It shall be lawful for the Wardens, at any "time within two-calendar' mouths after their election, to compute the quantity "of cattle capable of being de rj pastured oh the Waste Lands of the Crown- within the Hundred, to, determine the description of cattle to .be depastured thereon; and to apportion' the_ number.of great cattle and small cattle which niay "be" depastured for the then current-year by each person holding such .license as aforesaid. '' '' ■ ■ . ■"■'..'.,,. '~'. 65. The regulations'bo to be "made'shall be agreed! to by a majority, of the "Wardens, and a copy of the •same under, their hands shall, as soon as" conveniently '■ina'yrbe, be furnished to the Wasto Land' Board, for. publication, .in ' the "Provincial Government Gazette." "' ' ' •' '-"' " : - - .-63. In case the Wardens" shall neglect to make such Regulations within the period aforesaid,'all the powers hereinbefore given to such' Wardens shall be held and ..exercise I by the Waste.La'rid Board. . ' ' , . ... ; 67. For the. purpose of providing for the safety of thecattleto be* depastured within"any Hundred, for improving, the run; for preventing the intrusion and the depasturing-tlifire'o'ri 'bf cattle belonging vto,'or under the charge bf any 'unlicensed person, it .shall be lawful for the: Wardens or a majority of them, from time to time tomake .such bye-laws'(not being repugnant hereto), "as":tb them may seem meet; and by such bye-laws to impose any finei not exceeding five pounds, to be recovered in a summary way upon any person offending against, the same,? and such byelaws shall extend, and ba .applicable not only to persons to.whom" such licenses ; as aforesaid may have; •been issued, but to persons to whom no such licenses shall have, ueen issued, and to all unenclosed lands situate witlnn-the- limits" of the Hundred ; provided always that no such.bye-laws shill come into operatiou until they sliall have received the assent of the Waste 'Land Board; - ■'■■■-,-■. ■•■. r. ' ■•: ; .-■ ■-;. .. - ■.■•■. ~. 68. -It shallbe : lawful for the, Wardens,of.any Hundred, or / the majority of them, ■ to.. authorise the transfer of.any- such license -as,aforesaid, from the person .to whom the same may have boen issued to any ether person being an occupant of land. as afore : said situated within the limits .of. the Hundred in respect of v/hich such; License .may, have .been 'originally issued; provided _ also that the "notice of such -transfer shalli' be . given to the Waste Land Board. ""'"■'■■, ':,■ \ ' - •'■ '' :' ■■ 69. It shall also" be" lawful for the Waste Land Board ±o issue such Depasturing, Licences as aforesaid, 'on ■payment'; of. a. fee of 10s..at'any time for the rermainin;-; portipn of the then .current year.. ■''.', V 70. For the purpose of "providing the means for carrying.into effect all or. any of the powers hereby £iven to the Wardens, of any such Hundred, any defraying- .the'-expense's, incident thereto, in the erection and. maintenance of Pounds, the appointment qf,,.Rangers'or other, officers, or otherwise, it shall be lawful for such. Wardens, if they shall deem it expedient: so to, .do, to.lovy and raise for the then current year, for and in respect of all cattle depastured on the;, Waste Lands of the Crown within the Hundred, an assessment not exceeding '.'.'., ~. J For every head of Great Cattle: - ss. "'' ■ For every head of Small Cattle Is. to bo paid by the person depasturing such cattle, at the time and in manner to be appointed by the Wardens'imposing any such assessment. 71. In case any person liable for the payment of any such assessment, shall neglect or refuse to pay the amount due in ' respect thereof, it shall be lawful "for. the;'Wardens,.'..or .any', two of them, to issue a warrant under their hands, directed to some constable, to levy the'amount so due by distress and sale of a sufiicient part, of the cattle, and other goods and chattels of the party liable, in like manner as in case of rent inarr'ear between landlord and tenant.

72. Within oiio calendar month after the election of the Wardens for any, Hundred, the Waste Land Board shall pay over' to any person such -Wardens may appoint for that purpose, nil moneys that it. shall have received for Licenses in such: Hundred, which sums shall he applicable under the direction of the Wardehs to all or any of such purposes as the assessment they are authorised to levy may be applied. 73. The Wardens shall in a book, to be kept by .them for that purpose, enter true accounts .of'-till sums of money by them received and paid under the authority of these Regulations, and at1 the close of the year for which they shall have been elected, the said. Wardens shall furnish a copy, of such book to the Waste Laud Board for publication in the " Provincial Government Gazette," and shall pay over '.to the. Wardens for the ensuing year the'balance of such moneys (if any) remaining ia their hands, and shall conform to and observe all such Rules and -Regulations as may from time to time be made by the Waste" Land Board for securing the due application of the moneys to be raised 'under the authority hereof1 : 74.' If any person hot' being so licensed as aforesaid, shall depasture any.cattle on the common Waste Lands 'within any Hundred, or being so licensed shall depastre on such Waste Lands ; as aforesaid a greater number of cattle thanshall havebeenapportionedto him, every such person shall be liable to the same penalties and proceedings as are herein after provided for the unlawful occupation of Crown Lands. ' 75. If any cattle shall be found unlawfuily trespass-, sing upon any lands or public roads -within the limits of a Hundred, whether such lands shall be the property of the Crown, or shall belong to any private person, and whether such landa shall be fenced or not it shall be lawful for any of the Wardens of such Hundred, or for tfny person authorised by them, to impound the cattle so trespassing in any public pound, to be dealt with1 according to law. ' UNLAWFUL OCCUPATION OF CROWN LANDS. : 76. If a,ny person shall occupy any Waste Lands of the Crqwn, either" by residing or by erecting any hut or building'thereon, or by clearing, enclosing, or cultivating any part thereof, or shall fell, remove; or'sell the timber growing or being on any such land, or otherwise unlawfully pecupy the same ■without having

a lease or license for such purpose respectively, every such person shall, on conviction for any of theoffences hereinbefore mentioned, forfeit and pay nny sum not exceeding fifty pounds, to lie recovered in a summary way ; Provided that no person shall be convicted of nny'of the offi.-ni't's iiforesiiid, except on the information ovconin'nitit of the Wnste Land Board, or of some person by k duly authorised in tliat'behnlf. 77. If any person so convicted as aforesaid shnil, for the spavio of one calender month, continue in possession or occupation of such land, or otherwise persist in the -unlawful act for which he shall have been so convicted, every such person shall, upon conviction of any such further offence, upon such information or complaint as aforesaid, forfeit and pay any sum not less than five pounds, nor more than fifty pounds, to be recovered in a.summary way. ; -, 78. iVothing heroin contained sliall be construed to prevent any licensed occupier of Crown Lands, or his agent or servant, from cutting for his own use such timber on the lands so occupied by him as is ordinnrily used, aud as may. be necessary for domestic purposes for firebote, fencing, stock yards, or other conveniences, for the enjoyment of the said lands, unless such timber be reserved •by the Superintendent for public purposes, and the licensed occupier shall have been warned of such reservation. , : .. ... , 79. No possession or occupation; of nny Crown Land hadj rr taken by virtue of any license as aforesaid or by depasturing under the provisions of these regulations or otherwise, sliall be construed to give any title whatever against the r Crown, or to: alter or afiect in any respect the. rights of Her Majesty,her heirs, and successors in respect of any such lands. 80. If any cattle shall "be found unlawfully trespassing upon any Crown Lands, whether the same shall be fenced or not, it shall be lawful for the Waste Land Board or for.nny.nerson by. it authorised in thnt belialf) either generally or in the particular case, to impound the cattle so .trespassing, in any. public pound, to be dealt with according to the law;; provided that the Waste Land Board shall not, nor shall any person acting under its authority be authorised or required to impound cattle trespassing upon Lands "forming any. pnrtiof any defined Run, unla'ss such cattle be found trespassing in defiance of an adjudica-tion-made by tlie said Board with respect. to such land.;' ' ..._.... 81. In nny action, suit, or proceeding .against any person, for, or in respect of any alleged unlawful ocenpation, trespass, or use Of or upon any Crown..Lands, the proof that, the occupation or use in question was authorised by the provisions . of, these Regulations, or of an Order,, or Regulation made in the pursuance thereof, shall lie on the Defendant. And the averment that any lands in question are Crown Lar-ls shall be sufficieht without proof of sucltfact, unlp Jie Defendant prove tlie contrary. And all map.?,, yfans, licenses, certificates, and office copies, certified at true under the hands of the Government Surveyor or of the proper officer of his Department, or of any luember of the Waste Land Board shall, in all matter.3 relating to the said respective offices, be sufficient evidence of their contents without production of.originnlrecord, and without tlie personal attendance of such officers, or proof of their signatures. 82. ! Every licensed occupier of a run shall have a 'pre-emptive right to acquire by purchase at the rate of lOsi per acre subject to the conditionsof .purchase: hereinbefore contained, 80 acres of land at one of the Stations and 10 acres of land at. each of the other Stations erected upon the said Run ; and such land shall riot be sold .-to any .other applicant until the. .offer of purchase shall have been made to such licensed Runholder, who shall bo required to exercise his right of purchase Within one* month after the date of.the offer so made to him, and in the event of the non-payment of the purchase-money within the period aforesaid the Runholder shall 'be deemed to have declined to purchase, and the-sail land may be sold to any applicant. And it shall be lawful Tor the Waste Land Board to require such Runholder to exercise any such pre-emptive right at any time after one month's notice, although no person shall have applied to purchase the said land. *83. Whenever any portion of land comprised in any Pasture or Timber license shall be purchased by any other than the holder of ssich licensa/ it shall be lawful for the Waste Land Board to delay giving possession of the. said land for.'■ any. time- not exceeding 3 months, in. order. to afford such license-holder a reasonable time for the removal of his property. 84. Every act, matter, or thing done by the ChicCommissioner under the authority, of these Regelations shall besubjectto revision, by the Waste Land Board. 85. It shall be lawful for the Governor to pay, or cause to be paid out of the Public Treasury, or for the Superintendent to.pay, or • cause to be paid out of the Provincial Treasury; the cost or charges of any suit, action, or other proceeding, which shall be brought by or against any Commissioner, Warden, Justice of the Peace, Constable, pr other person acting: under the authority' and in the execution.of these Regulations. '; cM,, 86. In the construction, of these Reeulations the word Governor shall be taken to. inclu.de the. Oflioer Administering the Governtnent of New Zealand ; and the word "Great Cattle" shall, be construed to mean harried cattle, horses, mules, arid asses, male' ■ and female, with their' offspring, above six months' of age j-and the^words ;'•' Small 'Cattle" shall be construed to mean'"sheep, "goats, and swins,'.male andfemale, with their weaned offspring.; and,the word " Cattle" shall be coiLstrued to mean the .whole ofjthe aforesaid animals.: -For.the purposes' of .these *Regutions every word importing the masculine,, gender, shall extend and be. applied to a female, as well as a male, except where the. context excludes such construction. . ..... ' ■ ... ._; ~,-' '■' ; :--■) , RULES AND REGULATIONS." :.';'■'.■• For, the issue of Pasture and Timber Licenses for ] the Occupation of Waste Lands of the Crown outside eds. ' •:'■'■ ■ ~"-,= Issue of Depasturing Licenses outside the BounJ ddrieit of Proclaimed Hundreds. 87. Any person requiring a License for a Run on unoccupied portions of the Crown Lands shall lodge with the Watte Land Board a description, of such Run (as near as may be in the form of Schedule E hereunto annexed) together with a tracing of the Land applied for. . . ~ - ■ 88. If no objection exists to the applicant being allowed to occupy such Run, tlie Waste Land Board shall thereupon publicly notify that the Land specified; in the application has been claimed asn Run, and the said Board shall at the same time publish in the "Provincial Government Gazette," or in a_ local newspaper whenever it has the means of so doing, a description of the Run and the name of the person claiming, the same. . :. . / . s ;;-.■•,■ 89. No person shall be allowed to dispute the claim of another person to any Run described according 'to these Regulations, unless he shall do so within: three months subsequent to ,the date of the-publication above alluded to. .... ,-...-.. i 90. From the date . of: the expiration of the above-named period of three; months, the applicant 'shall be required to pay rent ; for the ; Run "at the rate and in the manner hereinafter; mentioned; and he shall, be required to distinguish, by marked trees or posts, or in such manner as shall'be satisfactory to the said Waste Land Board; such boundaries of the Run as are not distinctly defined by streams'or other natural boundaries. ■':'.,■- . '. ' . •. "-,""'.". 91.' Any person who shall have a Rnn, or any considerable part thereof, unoccupied by the requisite amount of stock for a; period of six months after he: shall have claimed the same, shall be liable to be regarded as having abandoned such" Run or part thereof and it shall be lawful for'the.Waste Land Board publicly to notify that such Run or part thereof has been so abandoned^"and the. same may thereup»n be given into the occupation of any other applicant. 92. In estimating the sufficiency of stock for. any Run applied for the Waste Land Board shall riot allow for natnral. increase of stock.upon the Run in any greater proportions than those set forth in th,e, "following scale: — ■ . . ; For any number of sheep up to 500, a Run may be granted calculated to depasture any number not exceeding — 5000, sheep For every additional hundred between 500 and -|1000 for 500") 1000 and . 3000 „ 400 f Additional 3000 and 5000 „ 200 f Sheep. „ 5000 ana 10,000 „ IOOj ' And in no case shall a run be granted capable of containing'more than 25,000 sheep. In estimating Runs for great cattle, one head of such cattle shah1 be rated as. six sheep. 93. In case of any question arising as to attempts to evade the foregoing Regulation, or to obtain unduly thelbqnefits'thereof, the Waste Land Board shall have power to decide such questions in such manner as may most effectually carry out the true spirit and meaning of such Regulation. Sfe94. So soon as the occupant of any Run shall in the opinion of the Wasto Land Board have sufficienly stocked the same he shall be entitled to a, License to depasture stock upon it for fourteen years in the form of Shedule F. hereunto annexed, and subject to the following conditions ; —' • 1. If at any time during the currency of such License, th,e land" comprised therein, or any part thereof, shall be included within the boundaries of any Hundred, the said License ' , shall cease and determine, as to so much of the land as shall be included within such boundaries from, and after a day to be named in the Proclamation by which such Hundreds shall be constituted.1; •2. If at any time during the currency of such License, the land comprised therein, or any part thereof, shall be sold by or on behalf of the Crown, then and in that case also the said license shall cease and determine as to so much of the land as shall be'sold as aforesaid, from and after the day of the date of the Provincial Government Gazette in which notice of such sale shall be published. 3. The Annual License fee sliall be in all cases at ' " : . least five pounds and every occupier of a' Run :- ', shall' pay annually in addition" a further Li- • ' cense fee at the rate of one pound sterling for every1 thousand sheep above five thousand which the Run* so occupied shall be estimated1 to be capable of containing, and. in the saniQ proportion for great cattle; six sheep being rated as one head of great cattle.

4. If at an}' time during the currency of such License such annual fees, and the annual assess inent imposed by law shall not be paid by the Holder of such License in the manner and at the time required by these Regulations ; then and in that case the said License shnll cease ,' and determine, and the Waste Land Board simll thereupon be empowered to notify publicly the foifuitnre of such License, and to let the Jlun to which it relate 3by Public Auction to the highest bidder for a term of fourteen years subject to the conditions of these Regulations, and of any Law for the Regulation of pastoral pursuits. '•> ' '- ..:.:/.. 95. No such License for fourteen years shall be granted to any applicant for a Run until he shall have paid all arrears of rent and assessments which may be owing by him for such Run. ■ '- • 9G. In the event of pjiy dispute arising between two or more claimants regarding the boundaries of their respective Runs, it shall be lawful for the Waste Land 80->rd to inalce sucli alterations, in the boundaries of their Runs, or of any of them as it may, upon inquiry, judge to be just ami expedient. ■ ISSUE OF TIMBER LICENSES. 97. It shall be lawful for the Waste Land Board to grant a License to any person to cut timber on the > Waste Lands of the Crown upon payment of a fee of not less than £1 for each such License. 08. The Waste Land Board, shall determine the extent of land to which such License shall give a right of occupancy, and the Licenses shall have effect only within the district specified in them. 99. Every Timber License shall be in the form set forth in Schedule G. hereunto annexed. GENERAL. .'"".. 100., All licenses shall be drawn so as to expire simultaneously on the last day of each year. •' . \ . *101. No license shall preclude the Waste Land Board from selling, or shall in anyj way affect the rights of the Grown to the Land occupied in virtue of. such License. ' - • 102. All disputes bstween holders of Licenses to cut timber or depasture stock,"shall be heard and deckled by the Waste Land Board. / .^lO3. Licenses for depasturing purposes may be transferred from one person to another with the consent of the Waste Land Board.•:;. * DEFINITION OF WASTE LANDS OF. THE CROWN, V.: 104. The term '"Waste Lands of the Crown "and "Waste Land" throughout:. these regulations, shall' be deemed to includl all such land ■within'the Pro-' yince of Otago as is declared by the 7"2 d Section of. the Constitution Act to be Waste Lands of the Grown. * Clause 83, Sub-section 2 Clause 91, and- Clause 101. These clauses are modified or repealed by the Land Sales and Leases Ordinances, 1856, which enacts, " That if the conditions or a pasturage lease shall be duly fulfilled,the land forming such run shall not be sold without the consent of the lesssee, untill proclaimed a Hundred."

.•■■•■■■ SCHEDULES. - ■ » ' ■ - The various schedules referred to in the regulations are merely forms, printed copies of which may always be obtained at the office ot the Waste Land Board.