REGULATIONS FOR THE

Otago Daily Times, Issue 138, 25 April 1862, Page 7

REGULATIONS FOR THE

me 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,l it shall be lawful for.the Wast

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,l it shall be lawful for.the Waste Lund, Board to issue 'a. Warrant directed to

1. A IX T?egiilations now in force in the Pro r jt\. vinco of Canterbury.for the sale, letting, disposal, and' occupation of the Waste Lands of the Crown are hereby repealed, 2. All such Waste Lands.shall, from nnrl after the day on which those Begrulations shall come into force) be sold, let, disposed of, and occupied according to these Regulations, and not otherwise. 3. Every Act -which the Superintendent is hereby authorised or required to perform he shall perform solely in accordance with the advice of bis Executive Council for the time being, and such advice shall be recorded on the minutes of the Council. II. —THE "WASTE LANDS BOAHII. 4. There shall he established n Board to be palled the Waste Lands Board, to consist of one Chief Commissioner, and of rot less than two nor more than'five other Commissiom re, all of whom, (except such one as shall be appointed to act as Treasurer) shall be appointed nnd be removable by warrant under.the hand of the Superintendent. 5. One member of the Waste ' Lands Board shall also ho the Treasurer thereof, and such member shall be appointed and removable by the Governor. 6. The Waste Lands Board shall sit at the principal Land Office of the Province, at certain, stated times' ■to be determined by, the Superintendent, and shall also sit for special purposes at such places and at such times as the Superintrndent shall direct; of which, sittings due notice shall be given in the Provincial Government Giixrtte, and one or more newspapers published in the Piovince. 7. The Chief Commissioner when present, and in his abfence then some member selected by those present at any meeting of .the Board, shall preside thereat, and slinll have a casting vote in .all questions coming before the Board. ■8. All questions coming before the Board shall be decided by a majority of" the Commissioners present 0. All meetings of the Board shall be attended by at least'three Commissioners, and shall bs open to the public. 10. All applications for Land and for PastUTage and for Timber Licenses shall, after hearing evidence when necessary, be determined by the Board at some sitting thereof. ■ ■ 11. The Board shall have power to bear..'and.de- | teimine all disputes between the holders of Pasturage and Timber Licenses respecting the boundaries ot runs and districts, and shall have and exercise all the powers which may be lawfully had and exercised by auy Commissioner of Crown Lands, under the provisions of the " Crown Lands Ordinance, Sess. X., Ko. 1:" and the "Crown Lands Extension Ordinance, Sess. XI., No. 10." 12. All the routine business of the Land Department shall be transacted by the Chief Commissioner, subject to such regulations as may be made by the Board in that behalf. ' 13. A book'to be called the "Application Book . shall be kept open during office hours, at the Land • Office, in which the name of every person desiring to make any application to the Board shall he written in order by himself or any person" duly authorised on his behalf. And the Commissioners shaU ; during the sitting of the Board, consider and determine all applications' in the order in which they shall appear in the application booki Provided that if any person shall

not appear iii)!i.'fit oi- ivy M>nii> priyon duly authorisu - on his liehii1 *" Wine flic.- Board when call.d in Ills ! turn/ his pppi'atii-n'shi.ll be dismissed until his iiniue j slmll nppciii.iiviii'i in tlie Bonk in order. Provided I also thai iftno or n>me joifons shall apply at the same t'mu :o viji- 0 i-!- tumics in the Application Bock H;t Ciii:-! (iii'iiiits/oniT si nil bracket their auio:-. mi!' si ..ii ii U.iii litl hiaclsit; mid vl-en tI)C-y nl) i)])j>Pnr !> t fn-.. tin I'enij, (lie Eonnl "-linl) ile.TevniiiK,1 (he- ! polity 01 liuht to he hard by lot. And it shall not be I.i'.vful 'ir tin- "lionid to licav any application except :-i" I; as shall bo windo in accordance with this requisition. ] 1. The 1-ionul sl-s.l! lef ep true am] detr.:!ed minutes of nil implications innile to [lie Boai-ri, ar.ilalirircis-ions I thereon, mid of all sums nfu:oney paid lo the Trrasiiror, i'n'l generally of nil the pi cert dings of the Board; n> d such minutes shall be siex°d by all the Uominissiouris 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^' ion payment ol the sum of two shillings and sixpence for every such inspection. in.—siTiiy.KYS. 15. There shall he a Chi.-f Purveyor who shall he appointed and icmovablc by Warrant under the baud of the Superintendent, ami ns ninny Surveyors as shall be necessary, i\ho rfitill ne appointed and removciible by the'Superiiiteiident upon the i«coiniri<p:ndation of the Chief Surveyor. 10. .All surveys shall ho conducted in such manner ns the Bomd by snj'regulations to bo 7aadein that behrilf shall direct. TV.—TIIK LAND : REVENUE. 17.'A1l paymerits to be, made in respect" of land shall lie made to the' Treasurer of the Board during the sitting thereof, and the Treasurer shall thereupon pive receipts lor the same. 38.— liy■the;62ucl clause of the Constitution Act the Governor is authorised and required ro pay cut o Ihe revenue arising from the disposal of. the Waste Lands of the Crown all the costs, charges, anil expens.es incident to the collection,. liii-.Tiiigcmenr, and receipt thereof; Mid 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, t!'crefe,re, pay out of all the funds coming into his hands under these regulations all such suiiis for (he abce-naincd purposes, in such manner and to such persons as the Governor shall direct. v.—virni W RKSunvES. 19. Reserves for the uses of the I'rovincial Government and for other public purposes may, upon the econimendation of the Provincial Council, be made by the Superintendent; and shall not be alienated from the specific purposes to which they shall have been severally dedicated, except under the provisions "of an Act of the General Assembly, cntitulcd 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. ifthe Provincial Council be not then sitting, temporarily reserve lnnd for such purposes until the next session of such Council. 20. Rescives. 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 Ofiice. The Superintendent and the Provincial Council ir-ay-by Ordinance alter the line of any such highways, bridle-paths, and foot-paths, and dispose of the land theretofore used for the samu. 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 bo so reserved upon a resolution of the Provincial Council. ■ 22. The Superintendent may, upon, the recommendation 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 found1 to exist: and the land within such tract of country shall be disposed of according to regulations hereafter to be issued and published in that behalf; in the. same manner and under the saane authority as these present regulations VI.:—TOWN LANDS. 23. 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 determined by the Superintendent and the Provincial Council; ancl 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 befor" such sale shall take place. 20. No such notification of any sale of town lands shall be published until a map ot the town, signed by the Chief Surveyor, shall have been laid open for public inspection in the Land Ofiice; and such map shall set forth, accurately delineated, all the town sections minibcied 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 he put up to auction, either by order of the Superintendent, or upon the application of some person who shall, at the time of making such applicatien, deposit ten per cent, of the upset price with the Treasurer of the Waste Lands Board. Such deposits shall, if no advance on the upset price oe made, be considered an the depot.it upon the sale at such public auction. 28. If any section shall be purchased by other than the original applicant, tiie deposit money shall be forthwith returned on demand. 29. Ten days at least before any such auction sale, a list of all the sections about to be offered for sale shall be published in the Government Gazette, and one or more newspapers of the Province. -SO. Every auction sale of land shall be hold by the Commissioners in open court as hereinbefore provided. 31. The person who shall'be declared the highest liider at such auction shall immediately pay a deposit of ten per cent, of the purchase money,to the Trcapuror, and in default thereof, the section shall be again immediately put up to auction. . paid fo the Treasurer in full, within one week after ,R2. The remainder of the purchase money Rim! Hm> the day of sale; and, in default thereof, the pur chase shall forfeit his deposit money, and also al right or title to the land; and the section may he • sold to any person applying for the same for the price at .which it .was knocked down at the auction; and, if not so sold, the section may be again put up to auction at1 any future sale. 30. 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.—HUKAIV LAND. •3i. All lands not included in any of the foregoing regulations shall be open for sale as rural land, at an uniform mice of forty shillings per acre. • 35. Save as hereinafter provided, no section of Rural Land shall be sold, containing less than twenty acres; but any section so limited by frontage lines or private lands as to contain less than twenty acres miry 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 3um of forty pounds for such section. 3G. Every section of ruroV land shall be 'n one block, and, except as hereinafter provided, of a rectangular form, and if bounded by a frontage line ,slmll be of a depth of half a mile (or 40 chains) from such frontage. . . Note. —A frontage line shall be taken to moan the boundary of a. road^ river, or public reserve, or any stream or watercourse which shall have been declared by notification in the Government Gazette to constitute a frontage for the purpose of selection. • 37.' Where, from the frontage not being a straight line or i-om the interference of other frontage lines, natural features, or the boundaries of private lauds, 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. 3)3. In sections of lands not adjacent to or bounded Ibv a frontage line, all the sides may be equal, but one side may not be less than one-third of the other; and such section shall not be less than half a mile'distant from a frontage line. 80. Any person possessing n section of land may at any time' select another adjacent thereto, of such form that the two together, being considered as one section, shall be in the form required for a single section under the fbregoine: 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 acj cordance with the description given by the purchaser in his application as these regulations will admit; provided that whenever the lands selected lie without the surveyed district*, the expense of the survey and of connecting such survey with the existing surveys shall be borne by the purchaser, who shall at the time of purchase deposit the amount of the estimatedeost of' sucli surveys with the Treasurer of the Waste Lands Board, which shall be made as soon as practicable, by order of the Chief Surveyor. Provided always, that should any section when surveyed prove to differ in any respect from that intended by the purchaser, the Government wDI not be responsible for any loss or inconvenience which the purchaser may experience, nor will the purchase money be returned.' Provided also, that' if the Surveyor shall find that the whole extent of land in the selected - locality falls short of'the quantity paid for by: the purchaser,' the Treasurer 'shall repay so much of the

■ T j'lii chrj.se n.oury'r.s exceeds tlTe price of the land to be ! f<!nve-\cd. life. " Licwc to Of-upy" shall, in any j mrli ease, be amended by the Gonn-i-sioners, in ac- ! ewilancc with the report of the Siuyeyor, and .the Crown Grant shall 1e1 made nut in. accordance therewith; and the "License" sh:di lie returned to tl-e Commissioners when (lie Cimvii Grant shall be | *•.!>< d. 41. Any peifon mnUina a Oiti'ii :"nl bank fence on lr.nds adjoining Wnstu T.nnds of !i c C.'.wn may lake cut of such lands half the hn-d uvuiied i'ov the ditch pud bank: provids.il th.i: no iliseh or bank shall be more than six feet in wiiilh. . ' VIII. —COSII'.KNSATION IiANDS. 42. Vlierriis it is dp.ivalile il'nl piivnte pci"=i>n«i should be enabled lo receive portions of Waste Land in exchange for private lands taken for roads or for ofiitr public purposes; if any person shall be entitled lo receive any rMKipeiiMi'ri'iii in respect of any land which shall have tcent taken for the. purposes of a road oi1 of any other public work, or in respect of any damnees done to his property by Iho taking of sueli land-lbr such purposes, such person shall, ution appli-. ciit.'ou to Ihe Waste Lauds Board, be entitled to a (jraut of rural land in such situation as he shall select, subject to the conditions ns to form and frontage in these ice illations contained, to the extent of .one acre for every two pounds sterling of the amount, of compensation which the applicant shall bo entitled 10 •icci'ive in respect, of the land taken for s.ueh purposes or in respect of such damage as aforesaid. 43. If any person shall contract with the Superintendent to inaki; and complete, witliiu a given time, any public ioadj bridge, or drain, or any part of any fuel' road, blidge, or drain, furnishing such security ;is the Superintendent may require for the due completion bi such contract, and shall select such portion of rural land as he,shall he ■willing io accept by way of payment or <;onipousi!lioii, or by wsiv of pnvt payment or compensation for such work; it shall be lawiful for flic Superintendent to mown such portion of land ■ from public sale for such given time but no longer; .and*such pcrion shall, on the completion of such contract, be entitled to a free grant of such land, or so much thereof as the Board- shall adjudge, not. exceeding ciiC acie for every two pounds sterling .winch the Superintendent.shall certify to the Waste •Lands Board to be the bond fide value of the work so done by such pcrton 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.Gqvernnient Gazette of the Province, as directed in'clause 19 of these ltcgula- • tions. 'No such reservation shall continue in force fora longer period than twelve'calendar months from the date on winch it shall have been made. ■ No land included in a Pasturage License with Preemptive Right shall, ns against the holder of such Pre-emptiveßight, be so reserved or granted until ho shall have been.allowed the option of purchasingsuch land in the manner prescribed in clauses 04 and IGG to these Regulations. ■ • No greater "amount _of land than 2,30 acres shall ■ under Ihe provisions of this clause be reserved or gianted to any person undei any such contract, unless in payment of-work for which a vote has been passed by the Provincial Council. No greater amount of land than ]000 acres in the aggregate shall, in any one year, be reserved. 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 conditions as'to form and frontage rs any rural lanci so < under these Regulations; provided also thai 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 beof lees 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 MII-ITAIIY BOUNTIES. 44. Whereas the jSuperi uendent and the Provincial Council.and other the inhabitauts ; 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 stall, upon application to the Waste Lands Board, and upon the production of satisfactory evidence from the proper authorities as to-such discharge or death, bo entitled-to receive a free grant not"exceeding 30 acres of the Waste Lands within, this Province, subject to the conditions iis 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.—FASTURAGfi. 45. Until sold, granted, or reserved for public purposes as herein provided, the Waste Lands may be occupied for pasturage purposes by persons holding licenses from the Wastelands Board'to occupy the same. 4G. Any person applying for a pasturage license shall state to the Commissioners wkat are the boundaries and extent of the run applied for, and the number and description of'the.stock which he possesses, or. will undertake fo 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! 20 acres to every head of great cattle, and 20 acres to every head,of small cattle. The words " great cattle" shall be construed to mean horned cattle^ horses, mules, and asses, male and female, with'their offspring above s,ix months of age ; and the words "small cattli;" shall be construed to mean sheep, male and female, with their weaned oif- , spring. 48. Every pasturage run shall be in one block, and, as far as circumstances will admit, of a rectangular form : tha frontage, under ordinary circumstances, shall not be greater than one-half the depth. 49. The fee to be pcidfbr the license shall be at the ollowing rates:—l*br every run .containing Iks than 1000 acres, twenty shillings for every'hundred acres; for every run containing IGOO acres, and not less than 5000 nci23, two-pence per acre for the first thousand and one penny per acre for every acre in addition. Vnr <*vprv run eontninina1 50(10 ncre." 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 fiflh and every subsequent year; -provided that the fust year shall be taken to-be the lime ejapiing from the date of the original license lo the fust day of May next following1. 50. Njb pasturage license shall be grantedfor a less annual ice than £3 10s. . 51. The fee shall be paid to the Treasurer of the Waste Land Board every year, in advance; for" the first year on the issue of the license, and for the second and every subsequent year on any sitting day of the Board, between the 20th day of April and'the first day. of May, inclusive; and every' pasturage license not renewed by payment of the required fee, on or before 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. 52. Every pasturage license shall be in the form set forth in the Schedule C to the, Waste Lands Regulations, find sliall, be transferable by endorsement in the form set forth in such Schedule,, and such transfer shallbe deemed to ha complete upon notice thereof being duly given to the Was,te Land? Board, and not before. A pasturage license shall entitle the holder thereof to the exclusive light of pasturage over the land-specified therein upon tlio terms above stated: Such license shall be renewed by endorsement from year to year, until the land spe'eified therein shall be purchased, granted, or reserved under these regulations; and the fee to be paid in respect of such license shall not be altered until the Ist May, 1870. Such license shall give1 no right to the soil or to the .timber, and shall immediately determine over any land which may be purchased, granted, or reserved under these regulations. . A reasonable right of way shall be allowed through all- pasturage runs. 53. It at any time during the first four yeais after the issue of the first license the quantity of stock for the run shall be less than that originally required, or during tho next three years less than twice that amount, of during any sutee'quent period less than three times that amount, the Waste Lands Board may declare the whole or a portion.of such run, to be forfeited; provided always that with regard to runs granted prior io the issue of these Regulations such first period of four years shall commence from the date on which these Regulations shall come into operation : provided that one or more runs held by the same individual or firm may for the purposes of tliis clause be coasidered as one run. ■ ' '• 54. In any case in which a runholdcr can prove to 'the satisfaction of tho Waste Lands Board that he is precluded by arrangements en-tered into previous to the 1 passing of those regulations from actually, for a given period, placing Ills stock on his own run, it shall be sufficient if he prove'to the satisfaction of the Board that he possesses within the Province the requisite amount of stock, and will undertake to place the same n the run at the expiration of such peoiod. 55. "Every holder of a license shall, at any time, upon a written order from the Waste Lands Board to that eft'ect, make a true and complete return of all the stock on his run: and if he •shall wilfully and knowingly make any false return, the' Waste Lands Board shall immediately declare hi 3 license to be forfeited.--SG. Every run oy portion thereof which shall have been forfeited, as above provided, shall be put up by the Waste Lands Board to public auction, after an advertibument in the. Government Gazette; and one or inoro newspapers of the Province. ■ A license granted after forfeiture shall b3 deemed to be an original license. Upon appeal from any person whose run has been forfeited,'within 60 days from the date of such forfeiture, it shall be lawful for the Superintendent to reserve or suspend such forfeiture either wholly or in part. 67. Every person taking out alirense for arun which is not stocked will be required to deposit with ihe Treasurer the sum of ten shillings for every hundred acres included in the license, which-will.be returned without . interest as soon as he snail have fulfilled the conditions in respect to stocking the run within the prescribed periouL; but if such conditions be riot fulfilled such dcposits'shall be forfeited 58. The above ru respect to stocking a run, and to the lodgment of ■ money with the Treasurer,,

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,l 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