OTAGO LAND REGULATIONS.

Otago Daily Times, Issue 138, 25 April 1862, Page 6

OTAGO LAND REGULATIONS.

As. considerable uncertainty-seems to prevail respecting- t]ic exact provisions of the Land Regulations of the Province of Olago, we have thought it advisable to lay before our readers such nu abstract1 of them as may serve to guide intending purchasers. By proclamation, published in the " New Zealand Gazette": on the 12th February, ISSC, and aftcrwa-rils published itL the " Oiago 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 tjie substitution of the new ones. Clause 3 provide for the division of the Waste Lauds of the Crown into the t\yo classes of Puiml L:uul and Town' Land, reserving to the Supsriatendont 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 i.ak'p. 5. All town laud shu.ll be sold by auction according to the Regulations hereinafter prescribed for auction. The upset price of allotments of such land shall be fixed by the VTnsto Land Board, subject to tlie aptjivviil of the Superintendent and his Executive Council. : ',-.„" jjote.—Town Lands are sold in allotments or sections of one quarter acre each, and the usual upset price U £13 lOs. per quarter section. By the .Town Land Sales' Ordinance, 1557, tlie 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' be fixed by the Board, with the consent of tile Superintendent, lit, practice this "course is t.nly resorted to where laud which has been rural land and remaining unsold has been laid out as a tc.wn, i.nd pel-sons have hourcs"'or improvements erected upon Mich hind ; oi" where, for public convenience, ■pernitesion'is granted to .erect buildings before-a town can "lie surveyed. In such cases thoprice, fixed by the jJoaru is tho average price for which the adjoining sections have sold at auction. By the.same law tlie Board lists power to sell to'religious bodies one'acre of (own land,- for the sito of a church or other building ibr religious purposes at the upset price. - . ItUHAL LAND. . :.,.,. :G. All rural land shall be sold at.a uniform price of LI per acre, subject to the conditions hereinatter contained. Note.—Prior to the Is* November, 1860. the price of ruralland was 10s. per acre. This alteration was made by proclamation of tho 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 applicant 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 in his application, or for such part thereof as shall be granted to him by the: Waste Land Board, receive from the said Board a certificate entitling him to take possession of the land therein specified under an obligation as a condition of purchase to lay out upon the said land within four years from the date of such certificate, in money or Jabor, for all improvements including buildings and fences, a sum equal to 40s. per acre. ■'.-.. 8. Every holder of a certificate^ aforesaid shall be entitled to demand and receive a Crown grant in fee of the laud specified in such certificate, so soon as he shall have proved to the satisfaction of" the Waste Land Board that lie has fulfilled theconditionsof purchase hereinbefore provided by clause 7. : ... ■ 9. "No holder of a certificate as aforesaid shall be, entitled to assign tho land specified therein until he •shall have obtained the consent of the Waste Land Board, and on such consent being given the pereon to whom such land shall be assigned shall, on payment of a fee of 20s, bo registered by the said Board as the proper 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 fulfilled. ■ ' ' : 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. : , 11. In the event of two or more persons having made application for tlie same land on the 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. —In .reference to this.'clause it is necessary to observe that the original" intention was that each person should apply only ior the particular lot he intended to purchase, but owing to the inconvenience of this arrangement the practice has arisen of each ap-. plicant applying for the whole block and. then bidding only for the allotment he requires. The putting in an application involves no responsibility, as the applicant may if he choose refrain from bidding. 12. TVo application for a less quantity than 10 acres of rural land shall, except as hereinafter provided by clause 19, be gcanted by the Waste Land Board, and the land specified in every application shall, so for-as the features of the country and the survey of the Province will admit, bo of a rectangular form, and, when fronting a river,'lake, road, or coast, ba of a depth not less than twice the length of the frontage; provided always, that under special circumstances, the Waste Land Board may deviate from such rule, 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. VS. Phe Waste Land Board at the time of any application for unsurveyed 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 Bonrtl, and every survey made by such surveyor shall be approved by the said Board before the applicant shall receive a certificate entitling him to take posses-' sion of the land specified in his application. 14. In every case when an applicant shall have had land surveyed at his "own1, expense as aforesaid, ho shall be entitled to receive an allowance at the rate of ten acres for every 100 acres so surveyed, as compensation for the cost of survey. 15. Every survey to be performed at the expense of an applicant shall be completed and delivered at the Waste Land Office-within six months after the day on which his application,was granted; and in default thereof it shall be lawful for the Waste Land Board either to have the land surveyed and charge the expense to the applicant, who shall pay the same before he shall be entitled to receive a certificate as aforesaid, or it shall be lawful for the said Board to dispose of the snid Land to any other npplicsuit, and in such latter- case cho money deposited by the first applicant shall be returned to him, on demand after deductingone tenth part thereof as a forfeiture for his default; or in case the first applicant shallrcfuse to accept the said land after it shall have been surveyed the money deposited shall be returned to him on demand, after deducting one tenth part thereof as a forfeiture for his default, and such further sum as may be necessary to cover-tlie expense of such survey-"■ Note.—These' clauses 13, 14, and 15, have fallen into disuse, the Provincial Council hnvinir resolved that it was not advisable to sell land previous to its being- surveyed. All land isnow surveyed by the Government prior to its being offered for sale, and the practice of the Waste Land Board is to.advertise that a particular block of land has been surveyed, laid off in sections, and will lie open for application on a given day, stated in tho ailvertiscinciil, beinpr between one iind two months from the date of advertising, and that the maps may be seen at thr> Land office. The object of this rule is, that the whole oi'the public may have an equal opportunity of making-selections and of examining tho laud" before applying, an advantage which would otherwise be only possessed by those acquainted -n ith the exi-.ct still c of the Work in the Land and Survey departments. On the day stated in the advertisement, application are made at the Land office, and as the land in the newly surveyed district is in oreat demand, selling often considerably beyond the upset price, it has become the habit of the applicants to apply for the whole of the sections in the block, in older that they msiy have the opportunity of bidding for any section should they fail to obtain the one they particularly desire, which could not be done had only one section been applied for. Tho Waste Land Board by clause 33 of the regulations is bound to post sill applications in a room at the Land Office, open to (he public, for a period of not Iws than ten days ; and any pereon may object to the granting of an application, in which case the application, instead ol being- decided by the Chief Commissioner as a msittcr of routine, is referred to a meeting of the Waste Lend Board. Tor the public convenience, the particulars of the applics-.tions received arc 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 case of two or more applications being made on the same dny, the decision must, by clause 11, bo, that the land be put up to auction between the applicants. On thtt day of decision the applicants must attend personally or by a duly authorised 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 qusmtify of]and, it is granted to the applicant as a matter of routine, at £1 per acre. Should there be no applications for a newly surveyed block on the day on which it has been advertised as open for application, it remains open for nppiiration nt any time, the^ applicants having priority according to the date of their applications. 16". It shall be lawful for the Superintendent, with the advice and consent of the Provincial Council, to reserve from talc and set aside for public uses, any land within the Province of Otago, and such 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, as hereinafter proTided,J;any land

which shall be deemed to possess special value, as containing minerals. 18. It shall be lawful for'the Waste Land Board, with the consent of the Superintendent and his Executive Counml, to refuso to grant ■the application of any person: for any laud if it shall appear to the said Board that the sale of such land would be injurious to the public interests : Provided also that it shall- ba lawful fur the said Board, with .the like consent, to receive and grant applications from'any, person for.the purchase of any rural land upon which timber shall fc slandiiu! in such quantities as the said Board fhaV. see; fit; atul at tins same price p"er" acre' aiS is hereinbefore fixed for the sale of other rural land.-" I.IIXKIIAT. LAKD J,EASKS. .. IS). .It shall be lawful for; the.Waste Land Board with tho consent of the Superintendent and his Executive Council,- to ijKint upon the terms ami conditions, and upon such othur terms aud conditions as they shall deem necessary,; to any:person,applying for the siaine'si leaso of land containing, Or supposed to 'contain^ minerals :— '"■ .'<■'■ 1. That the lease shall comprise so much lantl,:not . being less than fiye nor more than eighty acres,: as sliall iii'the opinion of the Waste Land Board be: ii'eocssary for the efficient working of tire, . " ■minerals'/.; ,'■■ ■■ ■ '': ''•■■;'".' 2. That the term to be granted shall be any nural.er of years not exceeding twenty-one, at the option-'of,-the lessee. , ■ ■....'...' ■':":'''" 3. That there shall be reserved a royalty or rent of one fifteenth of tho minerals to be raised, except on coal, in respect of which the royalty or ■ rent shall be Aominal. provided the object of such lease shall'I'be to" hay brought to market in abundance, and 'at the lowest. • ■■■■ '" price. •■■■■. ■.- '.■: ..'■■' .■ '.' ":." ' ■ . .:-' _ 4. Tiiat the lease shall contain the usual clauses introduced - into mining leases—l. Tor securing payment of the royalty or rent. 2. For.enabling some person on the part of the lessor from time! to time, to enter and examine the mine. '6. For .securing the regular, proper. ' aiid efficient winning and working of. the minerals. 4. For making^ void "the lease ou breach by the lessee of;ihe'covenants thereL;! contained. 5. For delivering up the property at the termination, of;• the lease in good tenant-; • able impair. 6. Fof^ etiiibling the lessee to abandon t'ne.working pfthp mirterals whenever he shall find the same: unprofitable'to work, and to surrender the lease. '.'„■ . _ : ' , 20. Every application fora lease shall be sent in by the applicant, iinadealtwithbytlie Waste Land Board, ashereafter provided by clause No. 36, and iritlieeventof an auetiomtaking place, the upsetpriceforariy lease not exceeding the term of twenty-one years shall be a royalty or rent (coal excepted, as. hereinbefore mentioned) of one-fifteenth of the,minerals to be raised. 21.- The land comprised in any mining, lease may, at the request of the lessee, at any time after an occupation of three years,. :be put up for.sale by auction, subject to the lease thereof already granted;'at an upset price to be fixed by the Waste Land Board, with the concurrence of the Superintendent and his Executive Council. ;:■■''■ : •■■, ' 22. Every applicant for a mining lease shall fur--msh to the Waste Land Board within a time to be fixed by the said Board after the application shall liuve been agreed to, a plan and description of the land to be leased, which plan and description shall,be made and prepared by a surveyor to beapproved of by the said Board. - .■•'■ :■... ■ ",/.! : ; ... "';. .' auctions. ."■ ;' ■' '.-■: '. 23 to 26. Regulate the forms of sale by auction. Ten percent, of the purchase money must be deposited at the time of sale, in every instance (excepting in case of auctions between ..applicants under clause 11), and the remainder must: he paid within one month, on pain of forfeiture of the deposit. : . /FEES FOR. CROWN GItANTS.- ■ /.. 27. Fees on Crown Grants shall be payable before the delivery of every Crown Grant, and shall not exceed 20s. 'in! each case. • . ..- WASTE LAND BOAKB. 28. Provides for the adjustment of claims under temporary regulation in force prior to Ist April, 1850.' "'■ ■■■-.■■ 29. Waste'•Land Board established to couskt of Chief Commissioner, and at least two other Commissioners, to be appointed and be removable by Superintendent. V y 80. A Treasurer to Waste' Land Board to be appointed and removenble by Government. 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 land to be posted at tho oiEce of the Board, in a room open to the public, for not less than ten days before' application decided on. . 3i. Before any application shall he decided on any person may give'notice in writing to the Waste Land Board that he intends to dispute the granting of such application, and if such person - shall ;at the same deposit with the said Board the sum of £5 no such application shall be decided on, except at a meeting of die said Board, after an opportunity shall have been given for a full hearing of all parties. The £5 so deposited, 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. said Board. , ' . 35. Every application in reference to which r.osueh notice shall have been given,' "shall he disposed of, ai d all the routine business of the Waste Lands Office, shall he transacted by tho Chief Commissioner, subject nevertheless to reconsideration and revision by the said Board. ........ 36. Every application in reference to which any such notice as aforesaid shall have been given, and every dispute and difference relating or incident to the sale, letting', disposal aud occupation of the Waste Lauds of the Crown, or to any act done under those Regulations, or to the interpretation or meaning thereof, shall be heard and determined at meetings of the said; Board. . ' 37. Every meeting of the Waste Land Board shall he attended by at least three, commissioners, 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. Tho decision of the Waste Land Board on all matters to be by it heard and determined shall bo final and conclusive ; provided always that the said Board may, on the application of any personj grant a re-hearing of any case decided by it, if it shall think that justice requires it ; and,' on such re-heai ing, may reverse, alter, or modify any previous decision in the same case. : . ... : V .',- ---40. Board to keep a record of its proceedings open to public inspection. :- -41.. Copies of all letters, &c, to he kept at. Waste Lands Office, open to public inspection; PASTURAGE IU3GULATIONS. 42. It shall be lawful for "the Waste Land Board to grant Licenses for the occupation of the Waste 'Lauds of the Crown outside of the boundaries of proclaimed Hundreds for the purpose ot depasturing stock; and tj recjuire every person applying for such license, to deposit with the Waste Land Board the sum of £20 which, so soon as the run applied for shall be stocked to its satisfaction, shall be returned to the applicant; hut in tho event of the applicant neglecting so to stock to stock the said run within the space of six calendar months from the date of his application^ or /within such further time aa the Waste Land Board may at the expiration thereof (if it shall sec necessary) appoint, the sum so deposited shall'be forfeited,to the Waste Land Board. "43 to 47. Empower the Board :to repel .trespasses, and distrain for moneys due, &c. /. ; ASSESSMENT 'ON STOCK' DEPASTURED ON * CROWN LANDS NOT BEIKG WITHIN"- TUB LIMITS OV A . HUNDRED. ■.■-..'" ', 48. No person shall depasture cattle on or otherwise occupy any Waste Lauds of the.Crown without a license for that purpose in such form and subject to such conditions as the Superintendent'by and with the advice and consent of the Provincial (,'onricil of the Province of Otago shall from time to time prescribe. .. : ..,;/ ;■ ( ' / ■'.'. ■ 49./ Any person''Hepastiil-mg cattle on any of the Waste Lands of the Crown not being1 within the limits of a Hundred, shall'make or cavise to be made to, and deposited with the'-.Waste Land Board in the, month of September in every year, a Return according to the form contained in the Schedule hereto annexed marked A; of all such cattle in his i)ossession on the first day of the said month/ of Septem-i her. And if any such person shall fail to make or cause to be made, such return at the time so appointed, or shall omit to deposit the' same .with, the Waste Land Board in manner hereby, required, lie shall forfeit and pay for every such 'offence any sum not less than forty shillings nor more than twenty pounds, to be recovered.in a summary way, " And if any person shall knowingly make any false statement in -any such return he shall forfeit and pay for every such offence any sum not less than fifty pounds, lior more than one hundred pounds, to be recovered by action in the Supreme Court, at the suit of the said Board. '■. ■;-.' ■.. ,!. .._ ;•■' . '„• , ';' ■ '!.,. - -■■'::. '- ": 50.' There shall he levied and j/aid in * advance in each and every.year, for and in respect, of all. cattle depastured and kept upon any such Waste Lands of the Crown, the assessment following, that is to say:—• For every head of Great Cattle—Sixpence./ ■•' Foi* 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 cattle depastured as aforesaid, and shall make a yearly report therof to the Superintendent, and also to the Treasurer of the.'Waste Land Board, "in the form and containing the several paiticulai-s set forth in the Schedule to these Kegulations annexed, marked B ; according to which report such yearly ab&e^sment as aforesaid shall be paid at the time and in the manner aforesaid. 52. On or before the first day of November in every year, the Waste Laud 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 the same, or to be left at his usual place

of abode, or with the overseer or person" hnvimj the charee of the cattle in respect of which such assessment shall be made.

.58. In case the sum demanded shall appear to the person who sliajl be required to pay the same to bo an overcharge, it shall be lawful for such person to appsal against such assessment to the AVas^te Land 'Board : .Provided, tlmt notice, in . writing, of appeal and the grounds thereof shall bo ■given-.'to the said Itoiuxl by tho person appalling within liftaon days 'ai'ter notice of such assessment :4iall have been served, as aforesaid ; and . the .said Board is.hereby, niitliorised''and reiiuireJ to hear aud determine .the' matter of such appeal; and tomake such order therein, as to it may seem meet. , . ' 54. In case any.peiyon liable for payment of such! aaseisuioat.of v.'hicji, due notice shall have been 'served .as,aforesaid, shall refuse or. uegLent to pay the'ftuiount flue within tiie timg proscribed by. these Ilegulatjons,1 it shall be lawful for.the Waste Lund, Board to issue 'a. Warrant directed to a Constable to levy the amount so dub,.with interest at the rate.of eight pounds per centum per annum, by distress and sale of a siifliciiint 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 tonairt. . '

"65. If at-any time the amount payable by any party for any such assessment, shall-be' in arrear andunpaid for three ciilender months after the same shall become due, it shall lie lawful for the Waste . Land Hoard to declare by notice, to be published in the "Provincial Government Gazetted" that such person has forfeited his license, and such person shall thereupon be liable to be proceeded against under the provisions of these Ueguliitions as an unlicensed occupier of Crown Land. -Provided, that such'notice may. at any time lie. revoked by the authority of the Waste Land Board ; and, thereupon such license shall be deemed to be again in full 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.". -

JIANAOEMUNT OP LANDS WITHIN"'THE LIMITS OP A IIUKDItISD.

50..■"': Whenever the Governor shall, by Proclamation, have divided the Province, or any part thereof into' Hundreds, the rights of pasturage on Waste■■■ Landsof the Crown in any such Hundred, and the:appor-: ..tioninent of the,same,'.shall be eserciseil.and'eiijoyed. (ixcliiiiively by'the.peisbnswho shall takeout,a' Depasturing License, as hereinafter provided ; being pensioners enrdled for service in New Zealand, or. persons of .the native race, or half-castes, respectively, or others occupying laud 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 same to the Waste Land Board, on or before the- first day of January in each year,. provided that he shall have deposited with the said Board'a return in the form of Schedule 1) hereunto annexed, of the number of acres occupied by him as aforesaid. . ■■58. Everey such license shall commence and take, effect on tho 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 may be after the Ist day of January in each year, the said Waste Land1 Board shall publish in the " Provincial Government Gazette" a list of the persons to whom and. the names of/the : Hundreds in respect of which such licenses shall hive been granted, and at the same time aud in1, like manner the said Board shall call a ..meeting sof such persons in 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 less than.three, as the said Board shall in such notice direct ahd appoiiit;' arid such persons shall continue in 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 be lawfully made in that behalf. ,'■' ■'..."■' '", '. : " ' ■ 01. The persons whose names shall be comprised in such lists, shall have the exclusive right of pasturage on' the Waste Lands of the Crown within the Hundred in respect of which they shall hold ouch license. ■ 62. At every meeting-to be held for the election of Wardens, a person 'appointed- by the Waste Land Board .shall preside; and in case of an equality of votes at any such election, such person shall have a 'casting vote. ' ■ . . • 63. In the event of the death, resignation, or refusal to not of any of the persons so elected as v aforesaid, the vacancy shall be filled up by an election, to be conducted iv manner hereinbefore provided; • 04. It shall be lawful for the AYardens, at any time within two calendar months after their election, to compute the quantity of cattle capable of being depastured on 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 Inayba depastured for the then ■current year by each person holding such license as aforesaid. ..- . . .',. . (55. The regulations' so to be made shall be agreed to by a majority of the Wardens, and a copy, of the! same under tho'ir hands shall, as soon as conveniently: may be, be furnished to,!the Waste 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 exercised by the Waste Land Board. . ■-' : (J7. For the-purpose of providing for the safety of the cattle to be depastured within any". Hundred, for improving the run, for preventing the intrusion and the depasturing1 thereon of. cattle belonging to, or under the charge of any unlicensed person, it shall be lawful for the-'Wardens oiva majority of them, from time to time to make such bye-laws (not being repugnant hereto), as to them may seem1 meet, and by such bye-laws to impose_ any fine not exceeding1 five pounds, to be recovered in a summary way upon any person offending against the same, and such byelaws shall extend, and be 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 wiLtim the limits of the Hundred ; provided always that no such bye-la, ws sh 11 come into operation until they, shall have receive.! tho assent of the Waste Land Board. . ■■.■■■ ■. .. ■ 63. It shall be 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 way have been issued to any ether person being' an oocupant of land as aforesaid situated within the limits of the Hundred in respect of. .which such : License may have .been : oriprinally ■ issued ; provided also that the notice of such transfer shall be..given to the-Waste Land; Board.- ■'w.'-: ■ ■•■-.■.-- ;. - ■'•-■■ 69. It shall also be lawful for the Waste Land Board to issue such Depasturing Licences as aforesaid, on. payment of a fee of 10s. at any time for the remaining portion of the then current year, 70. For the purpose of 'providing the means for carrying iiito effect, all or any of the powers hereby j.rven to the/ Wardens of any such Hundred, any defraying the expenses incident thereto, in the erection and miintsnaiies of Pounds, tho appointment, of /Rangers or other 'officers,* or otherwise,1 it. shall be lawful'for such. Warden's,'if-they, shall'deem it expedient so to do, to levy and raise for the then current year, for and in respect of all cattle depastured on the Waste Lands of the Grown within the Hundred, an^ assessment not exceeding ■-■ 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 tiiae and in manner to be appointed by the Wardens imposing any,such assessment. • . . . • 71. In ease 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 coh'table, to levy the amount so due by distress and sale of a sufficient part of the cattle, and other goods and chattels, of the party liable, in. like manner as in ense of rent in arrear between landlord and tenant. ■ : 72. Within one calendar month after the election -of ■the Wardens-for any Hundred, tha Waste.Land JJoard shall pay over to any pert on such Wardens may/appoint for that purpose, all moneys that it shall have received for Licenses in such Hundred, which sums shall be applicable under, the direction of the Wardens 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 nil- sums of inonr-y by them received and paid under, the authority of these llejrulationsj and atlhe close of the year for which they shall have been elected the said Wardens shall furnish.a copy of such book to the Waste Land "ioard for publication in the " Provincial Government Gazette." and shall pny over to the Wardens for the eiisuing year the balance of such moneys (if any) remaining in their hands, and shall conform to and observe all such Rules and Regulations ns inny from time to time be made by the Waste Land Board for seenririg the due application'of the'moneys to be raised under the nutliority hereof- i / i : . 74. If any person not being so licensed jis aforesaid, shalldcpasture! any cattle on the couinioii Wastn Lands withiriany Hundred, or being so licensed shall depas-ti-epn such Waste Lands as aforesaid agveater number ofcattle than shall hayebt'en apportioned to him, every such person shall be liable to the same penalties and proceedings as arc herein after provided for the unlawful occupation of Crown Lands. / 75. If any cattle shall be found unhvvfnily. trespassing- upon any lands or.'public roads within the limits t of a Hundred, whether such lands shall be the property of the Crown, or shall belong to any priyal^ person, and whether siichlandsshall he pniwiv:- ■■■<>> ii -'ihall be lawful for any of/the. Wardens,. of, steh IXiiiKirecl, or for any person authorised by them, to ''impound the cattle so ti-espassing in any public pound, to be dealt according-to law. v / ' , UNLiWFOI. OCCUPATION OP CKOWNXANDS. 76. If any person «hnll occupy any Waste Lands of the Crown, either by residing or by erecting any hut or building thereon, or by clearing, enclosing, or cultivatinc any part thereof) or shall fell, remove, or sell the timber growing or being on any such land, or otherwise unlawfully occupy the same without having

a leaso or license for such purpose respectively, every such person shall, on conviction for nny'of the offences In reinbefore mentioned, forfeit, and pay any sum not (•xoce.ling fifty pounds. t<i be recovered in a summary way; Provided 1 hat no person shall be convicted oi any of tiie offences aforesaid, except on the information or complaint of the Waste Land Hoard, or of some pt'iio i by it. duly nnthonVd in that behalf. 77 li'auy pnvon so convicted as aforesaid shall, for jli; space of one calender'month, continue in pos-sos-'on or occupation of such land, or otherwise persi.il in Mie unlawful act fur w,hirh he shall have been =o convicted, every sn.-h person shall, upon conviction of i-ny siu-.h furthev offence, upon such information or complaint as nfonsuid, forfeit and pay any sum not less than five pounds^ nor more than filly pounds, to be recovered in a summary way. 78. No!bins;-herein contained shall be construed to prevmt any licehst'd occupier of Grown Lands, or his au'L-ut, or servant, from rutting for his own use such Umber on the lands so occupied by him as is ordinarily used, and as may b3 iicec-sary for domestic purposes f"i- firfcbotc, fencing, slock yards, or other conveniences, lor the enjoyment of Ihe said lauds, unless Mich timber be reseivcd by the Superintendent for public purposes, and the licensed occupier shall have been warned of such reservation.

7!>. jVo posst-SFum or occupation of any Crown Laud liiul. •"!• taken by virtue of ai.y license us aforc-i-aii! or by depasturing nuclei- the provisions of these regulations oi- otherwise, shall he construed to give iiny title Whatever against the Crown, or to alter or affect in any respect tiie visits of Her Majesty, her honv, and successors in respect of any such lands. 80. if any cattle shall be found unlawfully trespassing upon any Crown Lands, whether tl-o same shall tie fenced or not, it shall be lawful for the Waste Land Board or f.r any ueison by it authorised in that behalf, cither generally or in the particular _ case,'to impound the cattle so trespassing, in any public pound, to hi; dealt with according lr> the law;providu.l that the Waste Land Hoard' shall not, nor shall any person aei ing u> dor its authority bo authorised or'n quired to impound cattle trespassing upon Lands forming any part of any defined Hun, unless such cat =le fa« found trespassing in defiance of an adjudieatioa made by the said Board with respect- to such 'iand.

81.. In any action, suit, or proceeding against any person,- fur, or in respect of any alleged unlawful ocenpntion, 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 llcgulation made in the pursuance' thereof, shall lie on the Defendant. And the averment that auy lands in question are Crown Lands shall be sufficient without proof of such fact, unless the Defendant prove the contrary. And all maps, plans, licenses, certificates, and oifice copies, certified as true under the hands of the Government Surveyor or of the proper officer of his Department, or of any member' of the Waste Land Hoard shall, hi all matters relating to the said respective offices, be sufficient evidence of their contents without production of orifrinal record, and without the 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 10s. per acre subject to the conditions of 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 not'bo sold to any other applicant until the oiler of purchase shall have been made to Such licensed minholdcr, who shall be required to exercise his right of purchase within one month "-after the date ■of the olTer so made to him, and in the event of the non-payment of the purchase-money within the period aforesaid the Runholder shall he deemed to have declined to purchase, and the said land may be sold to any applicant. Audit shall be lawful for the Waste Land Board to require such. Runholdor 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 such license, it shall be lawful lor 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 tho removal of his properly. S4. Every act, matter, or thing done by the ChicCommissioner under tho authority of these liecjelations shall be subject to 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 Commis-sioner,-Warden, Justice of the Peace,- Constable, or other person acting binder the authority arid, in the execution of these Regulations. •" .' _ ' ■ ..".' BG. In the. construction of these. Resulations the word Governor shall ba taken to include the .Officer Administering the Government of New Zealand ; aud, tiie word " 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" shall be construed to.mean sheep, goats, and, swins, male.and, female, with their weaned offspring : and the word1: " Cattle' shall be construed to mean the whole of the aforesaid Knimals. For the purposes of these Regur tioas 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. ■■■.....•, . .' . '