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REGULATIONS

FOR THE DISPOSAL, SALE, LETTING AND OCCUPATION OP THE WASTE LANDS OF THE CRO\V> T IN THE PROVINCE OF CANTERBURY: AS AMENDED. I. A LL Regulations now in force in the ProX"JI vince of Canterbury for the sale, letting, disposal, and occupation of the Waste Lands of the Crown are hereby repealed. 2. All such Waste Lands shall, from and after the day on which these Regulations shall come into force, lie sold, let," disposed of, and occupied according to these Regulations, and not otherwise. 3. Every Act which the Superintendent is hereby authorised oy required, to perform he .shall perform solely in accordance with the advice of life Executive Council for the time being;, nnd such advice shall be recorded on the minutes of the Council. lI.—THE WASTE LAIfDS BOABD. 4. There shall be established a Board to be called the Waste Lands Board, to consist of one Chief Commissioner, and of not less than two nor more than five other Commissioners, all of whom (except such one as shall he appointed to act as Treasurer) shall be appointed and he removable by warrant under the hand of the Superintendent. 5. One member of the AVaste Lands Board shall also be the Treasurer thereof, and such member shall be appointed and removable by the Governor. 6. The Waste Lands Board "shall sit nt 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 I times as the Superintendent shall direct; of which sittings due notice shnll be given in the Provincial Government Gazette, and one or more newspapers published in the Province. 7. The Chief Commissioner when present, and in his absence then some member selected by those present at any meeting of the Board, shall preside thereat, and shall 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 thereat. 9. All meetings of the-Board shall be attended by nt least three Commissioners, and shall be open to the public. 10. All applications for Land and for Pasturage 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 hear and determine all disputes between the holders of Pasturage and Timber Licenses respecting the boundaries of runs and districts, and shall have and exercise all the powers which may be lawfully had and exercised by any Commissioner of Crown Lands, under the provisions of the " Crown Lands Ordinance, Sess. X., No. 1 ;" and the " Grown Lands Extension Ordinance, Sess. XL, 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 thnt 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 be written in order by himself or any person duly authorised on his behalf. And the Commissioners shall, during the sitting of the Board, consider and determine all applications in the order in which they shall appear in the application Wile. Provided that if any person shall not appear himself or by some person cluly authorisd on Ms behalf before the Board when called in his turn, his appl.'ation shall be dismissed until his name shall appear again in, the Book in order. Provided also that if two or more persons shall apply p.t the same time to write their names in the Application Book the Chief Commissioner shall bracket their ames, and shall initial the bracket; and when they all appear before the Board, the Board shall determine the priority of right to be hard by lot. And it shall not be lawful for the Board to hear any application except such as shall be made in accordance with this regulation. 14. The Board shall keep true and detailed minutes of all applications made to the Board, and all decisions thereon, and of all sums of money paid to the Treasurer, and generally of nil the proceedings of the Board; and such minutes shnll be sigj.=.d by all the Commissioners present at any meeting. And such minutes shall be open to the inspection of all persons desiring to inspect the same, at all reasonable hours, on payment of the sum of two shillings and sixpence for every such inspection. j lII.—SURVEYS. 15. There shall be a Chief 'Surveyor who shall be appointed and removable by Warrant under the hand of the Superintendent, and as many "sistant Surveyors as shall be necessary, who shall tie appointed and removeahle by the Superintendent upon.tlie recommendation of the Chief Surveyor. ' 16. All surveys shall be conducted in such manner as the Board by any regulations to be made in that behalf shall direct. IV. —THE LAND REVENUE. 17. All payments to be made in respect of land shall be made to the treasurer of the Board during the sitting thereof, and the Treasurer shall thereupon give receipts for the same. 18.—By the 62nd clause of the Constitution Act the Governor is authorised and required to pay out of the revenue arising from the disposal of tjie Waste Lands of the Crown all the costs charges, and ex-

penses incident to the collection, management, unit receipt thereof; ami also to pay out of the said roven ucs such sums as sltall become payable under certain other provisions therein contained. The Treasurer of the Waste Lands Board shall, therefore, pay out of all the funds coming into his hands under these regulations all such sums for the above-named purpose's, in such manner and to such persons as tlie Governor shall direct.

v.—ruin/re rbsbhtes,

19. Reserves for the uses of the Provincial Government iind for other public purposes -may, upon the ecommendation of the Provincial Council, be made by the Superintendent; and shall not be alienated from the specific purposes to which thcy'shall have been severally dedicated, except under the 'provisions of an Act of the General Assembly, eiitituled 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 scion as possible after it shall have been made, be published in the Government Gazette, of the Province, and set forth on the authenticated maps; in the Land Office. Provided that the Superintendent may. if the Provincial Council be not then sitting, temporarily reserve land for sucli purposes until the next session of such Council. 20. Reserves for public highways, bridle-paths, and foot-paths, shall be made by the Superintendent, and shall be set forth on the authenticated maps in the Land Office. The Superintendent and the Provincial Council may by Ordinance alter the line of any such highways, bridle-paths, and foot-paths, and dispose of the land theretofore used for thersanie. 21. The Superintendent may temporarily reserve any land for the preservation or sale of the timber thereon; but such land may at any time' cease to be so reserved upon a resolution of the Provincial Council. 22. The Superintendent may, upon the 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* found to exist: and the land within such tract bf'country shall be disposed of according to regulations hereafter to be issued and published in that behalf; inthp same manner and under the same authority as thpse; present regulations .. .-,. ■ , ■ , ~. V" VI. —TOWN IAITBS. '•'_'. ""'■' 28. The sites of towns shall be dctermiried 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; and having- been so determined, for each town severally, shall not again be altered. 25. The time and place of every auction sale shall be fixed by the Superintendent, and shall be notified in the Government Gazette, and one or more newspapers of the Province, at least thirty days before such sn!e shnil take place. 2G. No such notification of any sale of town lands shall be published until a map of the town, signed by the Chief Surveyor, shall have been laid bpeu for public inspection in tin; Land Office: and such map shall set forth, accurately delineated, all ■.the town sections numbered consecutively, so far as'laid' out, showing the sections to be submitted for sale, and the public reserves in connection with them. ■■■■'""■ .. 27. Town sections may be put up to auction, either by order of the Superintendent, or upon the applica--. lion ot some person who shall, at the time of making such application, deposit ten per cent: of the upset ■price with the Treasurer of the Waste Lands Board.' Such deposits'shall, if no advance on the upset price oe made, be considered as the deposit upon the sale at such public auction. - _*' . 28..If.tiny section shall be purchased by other than the original applicant, the deposit money shall he forthwith returned on demand. "'Kv 29. Ten days at least before any such auction sale, a list of all the sections about to be oflered for sale shall be published in tiie Government Gazette, and one or more newspapers of the Province. ' - 80. Every auction sale of land shall be held by the Commissioners in open court as .hereinbefore provided. 31. The person who shall be declared the highest hider at such auction shall immediately pay a deposit often per cent, of the purchase money to the Trea--suror, and in default thereof, the section shall be again immediately put up to auction. paid to the Treasurer in full, within one week after 32. Tiie remainder of HiepHrchtiso tnonpy shal Hip the day of sale j and, in default thereof, the pur chase shall forfeit his deposit money, and also al right or title to the land; and the section maybe sold to any person applying for the same for the price at which it was knocked down at the auction; and, if not so sold, the section may be again put up to auction at any future sale. 33. Upon payment of the purchase money in full, the purchaser shall receive from the Commissioners a "License to Occupy," iii the form set forth-in Schedule A to the Waste Lands Regulations, and such License shall be restored to the Commissioners Upon receipt of a Crown Grant of the land purchased. VII. —RURAL- LAND. 34. All lands not included in any of the foregoing regulations shall be open for sale as rural land, at an uniform price 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 may be sold by auction at the upset price of forty shillings per acre; the time and place of sale, and the mode of sale, and payment of purchase money to be as nearly as may be in accordance with the regulations herein contained applicable to the sale of Town Land. Provided, nevertheless, that if any section so limited shall be included in a Pasturage License with Preemptive ' Might, the holder of such License shall be entitled to exercise such Pre-emptive Right under these Regulations upon payment of the sum of forty pounds for such section. ■ ' . 36. Every section of rural land shall be 'n one block, and, except as hereinafter provided, of a rectangular form, and if bounded by a frontage line ,shall be of a depth of half a mile (or 40 chains) from such frontage. ' ■-'<'.'/ Note.—A frontage line shall be. taken to mean the boundary of a road, river, or public reserve, 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 frontnge not being a straight line or rom the interference of other frontage lines, natural features, or the boundaries of private lands, the above rules in respect of form cannot be accurately observed, the form of the section shall be determined as nearly in accordance with these rules as, in tile judgment of the Board, circumstances will admit. !! 38. In sections of lands not adjacent to or bounded' by a frontage line, all the sides may be equal, but one side may not be less than one-third of the other; and such section shall not be less than half a mile distant from a frontage line. 39. Any person possessing a section of land may at 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 foregoina; 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 fortli in the Schedule B hereunto annexed; and as soon thereafter as conveniently may be, the land shall be laid off by n Government Surveyor, as nearly in accordance with' the description given by the purchaser in his application as these regulations will admit;' provided that whenever the lands selected lie without the surveyed districts, the expense of the survey and • of connecting such "survey with the existing surveysshall be home by the purchaser, who shall at the time of purchase deposit the amount of the estimated cost of such surveys with the Treasurer of the Waste Lands Board, which shall be made as soon as practicable, by order of the Chief Surveyor. Provided a'ways, that should any section when surveyed prove to differ in any respect from that intended by the purchaser, the Government will not be responsible for any loss or inconvenience which the purchaser may experience, nor will the purchase money be-re-turned. Provided also, that if the Surveyor shall find that the whole extent of land in the* selected locality falls short of the quantity paid for by the purchaser, the Treasurer shall repay so much of the purchase money as exceeds the price of the land to;be eonyeyed. The " License to Occupy" shall, in any such ease, be amended by the Commissioners, in accordance with-the report of the Surveyor, and the Crown Grant shall be made out in accordance therewith; and the "License" shall be .-returned to the Commissioners when the Crown Grant she'd be ssued. 41. Any person making a ditch and bank fence on lands adjoining Waste Lands of the Crown may take out of such lands half the land required for the ditch, and bank: provided that no ditch or bank shall be more than six feet in width. ■VIII.: —COMPENSATION LANDS. . 42. Whereas it is desirable that private persons should be enabled to receive portions of Waste Laud' in exchange for private lands taken for roads or for other public purposes; if any person shall be entitled to receive any compensation in respect of any land which shall fiave been taken for the purposes of a road pr of any other public work, or in respect of any damaaes done to his property by the taking of such land for such purposes, such person shall, unon application to the Waste Lands Board, be entitled to a grant of rural land in such situation as he shall select, subject to the conditions as to form and frontage in these regulations contained, to the extent of one acre for every two pounds sterling of the amount of compensation which the applicant shall be entitled to receive in respect of the land taken for such purposes or in respecijof such damage as aforesaid. ~_.-.

I -4i!. H'j.iiiy person shall contract with the Superintendent \'i make and complete, ■within n given time, imy public road, bridge, or drain, or any p:irt 01 any such road, bridge, or drain, furnishing such security ns the Superintendent may require for the due completion of such contract, and shall select such portion of rural land as lie shall he willing- to necepfc by way of payment or conipp.iisai.ion, or by'vny of part, payment or compensation for such work-/ it shall hi: lawful for the Superintendent to reserve such portion of land from public sale for such giveii time but p.o lon pec; and such person shall, on- the completion ol such contract, he entitled to a free grant of such laud,, or so much thereof as the Board "shall adjudge, not exceeding one acre for every two pounds sterling which the Superintend-out shall certify 1o the Waste Lands Board to be the honujide value of the work so done by such person according to the prices for work and materials "at the time of performing such contract current in the district. Every such reservation of land from public snlc shall be* published in the Government Gazette m the Province, as directed hi clause 19 of these Regulations. No such reservation shall continue in force for a ■lonirer period than twelve calendar months from the date on which it shall have been made. No land included in a Pasturage License with Preemptive Right shall, as against the holder of such Pre-emptive Right, be so reserved or granted until he shall have been allowed -the option of purchasing such land in the manner prescribed in clauses Isi and CG to these Regulations. No greater amount of land than 250 acres shall under the provisions of this clause be reserved or granted to any person under any such contract, unless in payment, of work for which a vote has been passed by the Provincial Council. No greater amount of land than 1000 acres in the aggregate shall, in any one year, be reserved, or granted under the provisions of this clause, without the special sanction 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 as any rural' lann so < under these Regulations; provided also thai no application for less than 20 acres shall be received under this clause, hut that where any amount of compensation awarded by the Board shall be of less extent than 20 acres of land, the person entitled may pay the balance in cash upon the same terms as other applicants for the purchase of rural lands under these Regulations. IX. —NAVAL AND MJLITAHY BOUNTIES. 44. Whereas' the Superintendent and the Provincial Council and other the inhabitants of Canterbury are desirous to aid in making provision for the maintenance of such persons of-Her Majesty's land and sea forces as may be discharged as unfit for further service in consequence of wounds or loss of health incurred in the present war with Russia, and also for the maintenance of the widows of those who may be killed in such war:— Any such person or widow shall, upon application to the Waste Lauds Board, and: upon the production of satisfactory evidence from the proper authorities as to such discharge or death, be entitled to receive a free grant not exceeding 30 acres of the Waste Lands within, this Province, subject to the conditions as to form and frontage contained in these Regulations; provided always that such application shall be made to the Waste Lands Board by such person or widow .in person within three years "after sucli discharge or death. .... X. —PASTURAftK. 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 Waste Lands Bo.u'd to occupy the same. ' 46. Any person applying for a pasturage license shall state to the Commissioners what are the boundaries and extent of the run applied for, and the number and description of the stock which he possesses, or will undertake to place upon the run within twelve mouths from the date of the license. 47. The extent of run allowed to each applicant shall be at the rate of 120 acres to every head of great cattle, and 20 acres to every head, of small cattle. The words " great cattle" shall be construed to mean horned cattle, horses, mules, and apses, male and female, with their offspring above six months of age ; and the words "small cattle" shall be construed to mean sheep, male and female, with their weaned offspring. 48. Eveiy pasturage'run shall be in one block, and, as fur as circumstances will admit, of a rectangular form: the frontage, under ordinary circumstances, shall not be greater than one-half the depth.. 49. The fee to be paid for the license shall be at the ollowing rates: —For every run containing less than 1000 acres, twenty shillings for every hundred acres; for every run containing 1000 acres, and not less than 5000 aciss, two-pence per acre for the first thousand and one penny per acre for every acre in addition. "For ovary run poTifjiinine' . r»n00 arr<*i or upwards one farthing per acre, for the first and second years, one half-penny per'acre for the third and fourth years, tliree ; farthiiigs per acre for the fifth 'and every subsequent year; provided that the first year shall be taken to he the time elapsing from the date of the original license to the first day of May next following. 50. Nja pasturage license shall be granted'fbr a less annuaMce than £i 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 l>y payment of the required fee, on or before tlie first day of Hay, shall, unless good cause to the "contrary be shown-to the satisfaction of the Waste Lands Board, be considered as abandoned. 52. Every pasturage license shall be in the form set forth in the Schedule C to the Waste Lands Regulations, and shall be transferable by endorsement in the form set forth ill such Schedule, and such transfer shall be deemed to be complete upon notice thereof being duly given to the Waste Lands Board, and ; not before. A pasturage license shall entitle the holder to the exclusive right of pasturage over the land specified therein upon the terms above stated. Such license shall be renewed by endorsement from year to year, until the land specified therein shall bo purchased, granted, or reserved under these regulations; and,the tee to he paid in respect of such license shall not be altered until the Ist May, 1870. Such license shall give no right to the soil or to the timber, and shall immediately determine over any land which may be purchased, 'granted, or reserved-under, these regulations. A reasonable right of,way shall be allowed through all pasturage runs. > 63. It at any time during the first four yeai-s after the issue of the first license the quantity of stock for the run shall be less than that originally required, or ' during the next three years less than twice that amount, or during any sulisequent 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 to the issue of these Regulations such first period of four years shall commence from the date on which these Regulations shall come into operation : provided that one or more runs held by the same individual or firm ma3r for the purposes of this clause be considered as one run. 54. In any case in which a runholder can prove to the satisfaction of the Waste Lands Board that he is precluded by arrangements entered into previous to the passing of tliese regulations from actually, for a given period, placing his stock on his own run, it shall be sufficient if he prove to the satisfaction of the Board that he possesses within: the Province the requisite "mnount 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 effect, make a true and complete return of all the stock on his runj and if he shall wilfully and knowingly make any false return, the Waste Lands Board shall immediately declare his license to be forfeited. 56. Every run or portion thereof which shall have been forfeited, as above provided, shall be put up by the Waste Lands Board to public auction, after an advertisement in the Government Gazette, and one or more newspapers of the Province. A license granted after forfeiture shall be deenied to be an original license. Upon appeal from any person whose run has been &1--feited, 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. 57. Every person taking out alicense for a run'which is not stocked will he required to deposit with the Treasurer the sum of ten shillings for every hundred acres included iv the license, which will be returned without interest as soon as he shall have fulfilled the conditions in respect to stocking the run within the prescribed period; hut if such conditions be not fulfilled such deposits shall be forfeited ...... - 58. The above rules in respect to stocking a run, and to the lodgment of the money with the Treasurer, shall not apply to runs containing less than 5000 acres. 59. Every holder of a license, may be required at any time to pay for the actual cost of the survey of his run at a rate not exceedingiJOs. for every thousand acres. ■ . ■ ■, -.-..;.• 60.- Every holder of a pasturage license shall, upon application to the Waste Lands Board, be entitled to a.pre-emptive right over portions of his run, as fol-, lows :■ —For a run of n<>t less lmn 1.000 acres and not more-than 5,000 acres, over a block of land comprising and circumjacent to his homestead to the extent: of 5 per cent of the acreage of the run. For a run of> 5,000 acres and upwards, over 250 acres of land com-, ■ prising and circumjacent to his homestead or principal station. And for all runs, over all lands occupied by any buildings, enclosures, plantations, cultivations, or any such other improvement!) as shall iv the judgment of the Waste Lands Board be deemed sufficient for the purposes of this clause, together; with fifty acres Comprising and circumjacent to theJands so occupied or improved. _ .......

61. 'The Licenses shall at the time of his application to the Boird give a sufficient description of the lands over wliicn he claims such pre-emptive right, to the satisfaction of the Chief Surveyor. And the same shall be marked off on he authenticated Maps in the Land-Office.

(ji!. Tilts lands included in such pre-emptive Tigh may be of sue.li form as the applicant shaii choose; hut nnv kind purchased by him in the exercise of such right sliall be subject to tho regulations as to form and froutaue herein contained.

C 3. The Waste Lands Board shall not receive nor entertain any application to purchase, from any person other than the runholdcr, the aforesaid block around the homestead or principal station which does hot include the whole of such block.

64. The right of pre-emption hereby given shall be exercised within one week for ail lands within twenty miles of the Land Office, at Christchurch; anil within one 111071 th for all hinds at a greater distance therefrom; such time being reckoned from the date of service of a written notice from the Waste Lands Board, setting forth a copy of the application for any of the lands included in the pre-emptive right. Such notice may he served either personally on the runholder, or by leaving the same at his last-known place of abode within the Province, or at the principal homestead or station on the run. G5. The applicant for any rural land included in any pre-emptive right shall deposit with the Treasurer of the Waste Lands Board a sum equal to 4s. per acre of the purchase money, and thu remainder lie shall pay within one week irom the date of his application being granted, or forfeit such deposit. Such deposit, however, shall he immediately returned on demand, if the holder of the pre-emptive right shall give notice of his intention to purchase any" portion of the land applied for, and pay the requisite deposit. 06. If the holder of the pre-emptive right decide upon purchasing any portion of the land applied for, be shall forthwith pay to the Treasurer of the Waste Lands Board a deposit of 4s. per acre of the purchase money ot such portiou; and, if he shall not v-i' \ r* 1. aix wcclcs thereafter have paid the remainder of Yub jjarchase money, he shall forfeit such- deposit, together with all right or title to the land. If. the holder of any pre-emptive right other than those created by clause CO[of the Waste Lands Regulations shall neglect or refuse to purchase any portion of the land applied for, suc'.i portion shall from and immediately after such neglect or refusal be released from allright of pre-emption and open to purchase, on the terms of these Regulations, as if the same had not been included in any pre-emptive right. 67. Pasturage Licenses with pre-emptive right in connection with purchased lands, whether muler the Canterbury Association or the Ci-own, shall, from and after the first day of April, one thousand eight hundred and fifty-six, be taken and deemed to be pasturage licenses over the lands included therein," upon the terms of these Regulations, with a preemptive right over all such laud, to be exercised subect to these Regulations as regards notice of application, payment of deposit, purchase money, price ot laud, and size and shape of blocks. It' the laud covered by such pre-emptive right shall be iucludcd within the limits of a run held by license under clauses 50 and 53, the holder thereof in paying rent for the same may take credit for the amount paid by him in respect of lands covered ,by such pre-einp-tivo right. 68. Holders of pasturage licenses without preemptive right shull be entitled to hold such licenses or to liave them renewed upon the terms of their contract with the Canterbury Association or the Crown, as tUe case may bo ; but if any person holding a liceuse under the Canterbury Association or the Crown shall voluntarily resign the same, he shall be entitled to receive a license under these Reg.-jfeions, and shall from the date of such exchange hoWuis.run at the rate and on the conditions specified'in these Regulations. 69. If any person .exchanging his license shall for any period included in the new license have paid rent at a higher rate than would be payable under such license, such overpayment shall be adjusted at the next payment of rent. I 70. In the event ot improvements having been effected by the licensee of a run on any .laudl which shall be reserved by the General Government or by the Provincial Government under these Regulations, the lieenseee shall receive payment of the value of such improvements, such value to be decided by arbitration under direction of the Waste Lands iioavd, and to be paid by the Treasurer of the Waste Lands Board out of the land fund. 71. All payments on account of pasturage runs shall in future be made on or before the first day o May, in accordance with clause 51, at the Land Office, at Christchureh, and the Waste Lands Board shall sit at that place for the Treasurer to receive the same. . . 72 All payments to be made on account ot pasturage runs before the first day of Hay next ensuing shall be made for the portion of the year only which shall elapse between such day of payment and the said first day of May. ; 73. In calculating the amount of the license fee and' the stock required to be on the run, the year commencing on the said first day of May shall be deemed to be the same year as that for which such part payment shall have been made. 74. Notwithstanding, anything contained in these regulations, it shall be lawful for'the Governor, upon the rpmminfiTiilntinn ot the Superintendent, and Provincial Counil, at any time, and from time to time, be proclamation in the Government Gazette of the Province, to reserve for the purposes hereinafter mentioned any lands within the Province, adjacent to or in the neighbourhood of any town^ now or which may hereafter be formed, and to declare that on and fiom a day to he named in such proclamation all depasturing licenses issued under these regulations, irt respect of such reserved la?ids, shall cease and bo of no ofibct'; on and from which day, all such licenses shall, as respects such lands, cease and be of no effect accordingly. And it shall be lawful for the Governor at. any time, hereafter, by regulations to be issued in that behalf, according to the provisions of the Waste Lands Act, upon the recommendation of tiie Superintendent and Provincial Council, to regulate the occupation"of the Waste Lauds of the Crown within s'ueh'reserved districts. TIMBER. 75. If any tract of land shall have been reserved for the sale of the timber thereon, such timber may be sold by public auction at an upset price and subject to conditions to be fixed by the Superintendent, and the purchaser shall agree to remove the same within a eprtain time; and all the timber not removed within such time may be again put up to public auction. 76. No.pprsou shall, without a license, cut or remove any timber from any Waste Lands of the Crown (except timber which he shall have purchased under the last clause); and any persons so cutting or removing timber shall be liable to pay the cost of such license for one year together with the costs of recovering the amount of thesame. . 77. .Every license for cutting or removing timber shall be issued for one month, or for one year, at the request of the person applying- for the same; and a fee of 10s. shall be paid upon every monthly license, and of £5 upon every yearly license. 78. A license ■ shall entitle no one but the person named therein to cut down standing timber, but it will authorise him to employ any number of persons, during the term of the license, to'saw, split, or remove (he timber so cut; and such license shull not be transferable. . 79. A license to cut timber shall extend only to the district named therein. 80. If any person duly licensed shall have established a saw-pit for the purpose of sawing timber, no other person shall cut timber within 50 yards of such pit without consent of the person first occupying such saw-pit; provided that if the person establishing such pit shall not use the same, and shall not cut timber within such distance as aforesaid from the pit for 28 consecutive days, it shall be lawful for any other holder of a license to enter thereupon, and to cut timber as though such pit had not been established. • 81. If any person shall, for the purpose of removing timber, have made a road upon land being the Waste Lands of the Crown and not being a highway, it shall not be lawful for any other person to use the same without the permission qf the person making the same first obtained; provided that if such road sliail not be used at any time for 90 consecutive da;'s, it shall be lawful for any holder of a license at any time therealter to use the same.: . 82. If any person holding a timber license shall be proved .before the Waste Lands Board to have offended against any regulations'herein contained respecting timber, or'to liave wilfully, or negligently inured or destroyed by fire or otherwise any timber belonging to the Crown, such license shall be, and shall be immediately declared to be forfeited, and it shall be at the discretion of the Board to refuse to issue another timber license.to the same person. SCHED ULES. Schedule A. Province } of } Canterbury. ) LICENSE TO OCCUPY TOWN LANDS. Whereas of ' hath been duly deared the purchaser for the sum of pounds, shillings, and pence, of the section of the Waste Lands of the Crown hereinafter described laud hath thu day paid to the Treasurer of the Wiiste Lands Board of the Province ot Canterbury, the said sum ot ■.:"- ! pounds. shillings, and • pence, the receipt whereof is hereby acknowledged, Now KNOW ALL MEN AND THESE

PKJisBNTri wiTKKsy, tha.t.-'We, in puisuauuo oil the powers vested iv us as (.'umiiii&oioncro of the said Waste Laud* Board, (!o hereby authorise and empower the; said his huh* >-assigns, nt :i.<i.vt.iine after the date herefore, to enter upon nil that section of land situate;! in street, in tiio town of ' market!. No. in t!u; uiuh(;nt,i<wle.l. map of-the saiil town in the Crown Lands Ofiiue and containing acres, or thereabouts, buing Hkj suction of aul purchased as aforesaid, and to hold and e-iioy tJie saiLe for his and their absolute use and benefit* hive* under our hands at the sittin" otthe-AVastc Lands Board held it on the day'.f 18 : Schedule B. Province- \ of V Canterbury.) . LICENSE 'lo OCCUPY RURAL I.ANU Whbukas • of hath been duly declartd the purchaser fo r the sum of pound* „ „ shillings, and pence o f the.seetiou * the nste Lands of. the<>own hereinafter desnrilK',' and hath this day paid to tlle Treasurer of ti» Waste Lands Board ot the Province of Canterbury the said sura of poui.| s> shilliiHjs, mid pence, the receipt.wh, m ,f is hereby ackiiowledged, iNow know all MB n axu thjssk I'iiiiSßNTS witness, thut.YVe, in pursuance of the |»TOTOtalm us as Commission's of tlio said Waste Lands Board, do hereby authorise and empower the said his heirs or uk% k at any tilll( J aft( , r the date hereof, to enter upon all.- t lat section of laud situate and bounded as hereinafter ascribed that is to f- y ,«■' umi ? hold nn. d, to I^' tllc> same «* Ins and their absolute use and- benefit, s>. o j c>( . t iicvw theless to the Ruirulalions now in force »'..+],„ *y" letting, disposal, and occupation of the \V.» te TJmds of the Crown withiu the Province of Canterbu v Given under our hands at the -sitting' : v' of the Waste Lauds Board, held \ at on the day of . 18 SCHEDULE C. ■Province ~k *.f \ Canterbury. ) LIGI3NSIS TO DKI'ASTUKE STOCK. Whereas of hath been duly declared to be entitled to a license to depasture "stock upon the Waste Lands of the Crown within the Province of Canterbury, upon the terms and upon the conditions hereinafter mentioned : A row therefore We in pursuance of the powers vested in us as Commis' sioners of the Waste Lauds Board to the said Pro " vince, do hereby grant to the said the exclusive license, from and after the date hereof until the first day of May next, to depasture stock upon the laud situate and bounded as hereinafter described, that is to say— and containing acres or thereabouts. Subject nevertheless to all the provisions and conditions eontaminniu the Waste Lauds Regulations now in force within the Province of .Canterbury. < Given under our hands at tiie sitting of the Waste Lands Board, held at on the day 01 18 Endorsement. I, the within-named for valuable consideration to me paid by of do hereby transfer to tiie said the within written Pasturage License, and all my estate and interest therein. . Witness my hand this d y ot 18 Witness APPENDIX Clauses 35 and 43, which were repealed by the Waste JLandg Regulations Aiiwiuluuint 'Ordinance, 'Sess. VII., No. 2/1850, originally stood its .follows: — 35. jVo section of rural land shall be sold containing less than twenty acres ; provided that any section so limited by frontage Hues or private lands as to contain less than.twenty acres may be sold by auction at the upset price of forty shillings'per acre; the .time and place of sale, and the. mode ot sale and payment of purchase money to he as nearly as may, be in accordance with the regulations herein contained, applicable to the sale of Town Land. ' ' 43. If any person shall at any time have made and completed at his own cost any public road or; bridge or any public main drain, or any part of such road, bridge, or drain, such person shall, upon application to the Waste Lands Board, be entitled to a 'free grant of rural land in such situation as he shall select, subject to the conditions as to form and frontage in these regulations contained, to such an extent as the Board shall adjudge, not exceeding one acre for every four pounds sterling which lie shall prove to the satisfaction of the Waste Lands Board that he shall have actually, expended in the construction of such road, bridge, or drain. .-..-. .-; ■provW;ir. always that it shall be proved to the satisfaction of the Board that the money so expended by the applicant Ims been benefifially expended for lie use and advantage of the public. Provided al hat lib application tor less than twenty acres, shall be received under this clause, but that where any amount of compensation awarded by the Board shall be of a less amount than twenty acres of land, the party entitled may pay the balance in cash upon the same terms as other'applicants'to--purchase rural lands under these regulations. . .> Clauses 67 and 68, which were repealed by proelnvmtion of the Governor, dated lith August, 1856, publhthcd in the Provincial Goournment ~ Gazette,, Vol. lII.,"No. 17, p. 03, Uh Sep-ti:pibcr,-185Q, originally stood as follows: — 07. Holders of. pasturage licenses with pre-emptive right in Connection with purchased lands, whether under the Canterbury Association or the Crown, shall be .entitled to claim pasturage .licenses over the lands included therein upon the terms of these regulations, with a pre-emptive right over such land^ to be exercised subject to these regulations ;is regards '.lotice of application, pnymont of deposit and purchase money, price of larid, and size and shape of blocks. If the land covered by such pre-emptive right shall be included within the limits of a run held by license under clauses 50 and 53, the holder thereof, on paying rent for the same, may take credit for the amount paid by him in respect of lands covered by such pre-emptive right. . Gd. Nothing in these Regulations shall be interpreted to ait'uet the legal rights or equitable contracts made by the Canterbury Association or the Government with■ holders of the pasturage licenses; buti any person holding a license under ; j;he Canterbury Association or the Government, shall voluntarily resign the same to the Government, he.shall be entitled to receive a license under these Regulations and shall from the date of such exchange hold his run at the rate and on the conditions specified iv these Regulations. - -■" - APPENDIX 11. .:- . Clauses Nos. 33, 51, 52, 05, 68, and 71, which to repealed by the " •) aste Lands liegulati Amendment Ordinance, Sess. IX., No. 1 originally stood as follows:— ■• 33. Immediately on the payment of the purchase money in full, the purchaser shall receive from the Commissioners a " License to Occupy," in the" form set forth in the Schedule A hereto annexed, which he shall return again to the Commissioners when he shall receive the Crown Grant.; of, the Land. Such "License to "Occupy" shall be transferable by endorsement, in the form set forth in the Schedule. 51. The fee shall be paid to the Treasurer of the Waste Lands Board every year, in advance; for the first year on the issue of tiie License, and for the second and every subsequent year on the first day ol May; and every pasturage license not renewed by payment of the required tee on the first day of May shall, unless good cause to the contrary be shown the satisfaction of the Waste Lands Board, be considered as bandfooned. 52. Every pasturage license shall be in the form sot forth in the Schedule C hereto annexed, and shall be transferable by endorsement in the form set forth in the Schedule; "and shall entitle the holder to the exclusive right of pasturage over the lands specified therein, upon the terms above stated. It is intended that such license shall be renewable from" year to year until the land specified-therein shall be purchased granted, or reserved, under these Regulations: and if so renewed; the fee to be paid in respect of such licenses shall net be altered until the fiist of May 1870:' Such 'license shall give no right to the soil or to the timber, and shall immediately determrie over any land which may be purchased, granted, or reserved under these Regulations. A reasonable ri"-ht of way shall be allowed'through all pasturage runs. 0 65. The applicant for any rural land included in any pre-emptive right shall deposit with the Tieasurer of the Waste Lands Board" a sum equal to 4s. per acre of the purchase money, and the remainder he shall pay within one week from the date of his application being granted, or forfeit such deposit. Such deposit, however, shall be immediately returned on demand, if the holder of the pre-emptive right shall purchase any portion of theland applied for. . •> . 66. If the holder of the pre-emptive right decide npon purchasing any portion of tha and applied for, he shall forthwith pay to the Treasurer of the Waste Lands; Board a deposit of 4s. per acre of the purchase money of such portion; and if he shall not within six weeks thereafter have paid the remainder of the purchase money, he shall forfeit such deposit together with all right or title to the land. 71. AH payments on account of pasturage run shall "in future be made on the first day of May, at the Land Office, at Christchurch, and the Waste Lands Board shall sit at tl»at place for tiie Treasurer to receive the same.

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https://paperspast.natlib.govt.nz/newspapers/ODT18620429.2.22

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Otago Daily Times, Issue 141, 29 April 1862, Page 6

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7,812

REGULATIONS Otago Daily Times, Issue 141, 29 April 1862, Page 6

REGULATIONS Otago Daily Times, Issue 141, 29 April 1862, Page 6

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