Untitled

Otago Daily Times, Issue 141, 29 April 1862, Page 7

OTAGO LAND REGULATIOSTS,

As considerable uncertainty seems to prevail re-. specting the exact provisions of the Land .Regulations of the Pmyince of Utago, we have thought it advisaWe to lay before our readers such an abstract of them aa may serve to guide intending purchasers. By proclanwtion, published in the " New Zealand Gazette" on the 12th February, 1856, and afterwards published in the " Otngo Provincial Gcivoninient Gazette/ a series of Land Regulations wi;ii iwued, to Buporsede any previously in force. The first and second clauses provide merely for the repeal of former regulations j and the substitution of the new ones. Clause 3 provides for the division of *he Waste Lands of the Crown into the two classes of Rural Land and. Town Land, reserving to the Su- ■ perintendent and his Executive Council the power to declare that any land shall cease to belong to either class, and be considered as belonging to the other :— "'. ■ TOWN LAND. 5. All town land shall be sold by auction according to the Regulations hereinafter prescribed for auction. The upset price of allotments of such' land shall be fixed by the Waste Land Board, subject to the approval of the Superintendent and his Executive Council. o te.—Town Lands are sold in allotments or sections of one quarter acre each, and the usual upset price is £12 10s. per quarter section. By the Town Land Sales' Ordinance, 1857, the Waste Land Board has power to deviate from rule No., 5, and to sell town lands without putting them up to auction, but •to sell to any pemon petitioning and showing cause at a price to bo fijied by the Board, with the consent o&.the Superintendent. In practice this course is only'reSoi+Slii^where land which has been rural land and remaining unsold has been laid out as a town, and persons have houses or improvements erected upon such land; or where, for public convenience, permission is granted to erect buildings before a town can be surveyed. In such cases the price fixed by the Board is the average price for which the adjoining sections have sold at auction. By the same law the Board has power to sell to religious bodies one acre of town land, for the site of a church or other building for religious purposes at the upset price. RURAL LAND. . >.' 5. AH rural land shall be sold at a uniform price of per acre, subject to the conditions hereinafter contained. ! • -"•' Notß,^—Prior to the Ist November, 1860, the price of rural land was 10s. per acre. This alteration was made by proclamation of the Governor, in accordance ■with a resolution to that effect, passed by the Provincial Council of Otago. : The conditions alluded to in clause 6 are embodied in the following clauses.-., 7. Every applicant for the.purchase-of rural land shall, except as hereinafter .provided ;by clause No. 13 on payment of LI peracre for the land specified in his application, or for sutih.part thereof as shall be minted 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 layout upon the said land within four years from the date of such certificate, in money or labor, for all improvements including buildings and fences, a sum equal to 40s. per acre. '■ ■ ■ •-' -■■i •: '8. Every holder of a certificate as aforesaid shall be. entitled to demand and receive a Crown grant in fee of the land specified in such certificate, so soon as he shall have proved to the satisfaction of the Waste ■ v Land Board that he has fulfilled the conditions of purr \hase hereinbefore provided by clause 7. ■' ,i M). No holder of a certificate as aforesaid shall be entitled to assign the land specified therein until he shairhave obtained the consent of the Waste -Land Boarcl/and on such consent being given the person to •whom such land shall be assigned shall, on payment of a fee of 20s, be registered by the said 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. ■■.. i--10- Every application for the purchase of rural landshall be 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 Sriuch 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 the same land on the same day. such land, if the Board shall decide that it should be sold, shall be put up for sUe by auction' at an upset price of LI per acre, the said ittpplicsuita. alone being allowed to bid for the same. , "V,\ _ '■ Note. —In reference to this clause it is necessary to observe that the original intention -was that each person should apply only for the p^iibular -lot he: intended td purchase,- but owing to the Inconvenience of this arrangement the" practice'has arisett of eacha.^' 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. j 12. Ho application for a less quantity than 10 acres': of rural land shall, except as hereinafterprovided.by clause 19, be granted by the Waste _ Land Board, and ' the land specified in every application shall, so far as the features of the country and the survey of the Province will admit, be of a rectangular form, and, when fronting a river, lake, road, or coast, be of a depth not less thati twice the length of the frontage ; provided always,l that under special circumstances, the Waste Land Board may deviate from such i'rule, and may als6 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. j 13.: Phe Waste Land Board at the time of, any application for^utisiirveyed land being granted, or as soon as conveniently may be thereafter, shall inform the applicant that the land applied for by hini will be surveyed at the expense of the Government; or, that the applicant must have the land surveyed at Mb own expense by-a surveyor to be autorised by the said Board, and every survey made by such surveyor shall be approved by the said Board before theappiicant Bhall receive a certificate entitling him to take possession.of the land specified in his application. 14. In every case when an applicant shall have had land surveyed at his own expense as aforesaid, he shall be entitled to receive an: allowance at the rate of ten acres for every 100 acres so surveyed, as compensation ior 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 "ranted; 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 shnll tie entitled to receive a certificate as aforesaid, or it. t-liiiH be lawful for the said Board to dispose of the said Lund to any other applicant, and in such latter case the money deposited by the first applicant shall be returned to him, on demand after deducting one tenth part thereof as a forfeiture for his default; or in case the first applicant shall refuse to accept the said land after it shnll 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 the expense of such survey :::", ; ■ Kote.—These clauses 13, 14, and 15, haveJallen into disuse, the Provincial Council having; resolved that it wns not "advisable to sell land previous, to its being surveyed. All land is now surveyed by the Government prior to its being offered for sale, and the practice of the Waste Land Board is to advertise that ' o particular block of land has been surveyed/ laid ofi" in sections, arid will beopen for application on a given' day, stated in the advertisement, being between one and two months from the date of advertising, and that the maps may be seen at the Land office. The object of this rule is, that the whole of the public may have an equal opportunity of making selections and of examining the land before applying, an ndvantage ■which would otherwise be only possessed by those acquainted with the exact stnte of the work in the Land and Survey departments. On the day stated in the advertisement, application are madp at the Land office, and as the land in the newly, '.urveyed district is in great 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 order that they may 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. The Waste Land Board by clause 33 of the regulations is bound to post all applications in'a room at the Land Office, open to Ihe public, for a period of not less than ten days; and any person may object to the granting of an application, in wliich case the application, instead ol being decided by the Chief Commissioper as a matter of routine, w referred to a meeting of the Waste Land Board. For the public convenience, the particulars of the applications 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 day, the decision must, by clause 11, be, that the land be put up to auction between tiie applicants. On the 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 quantity of Jand, 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 appiif ation at any time, the

applicants having priority according to the date of their applications. .— •.; ■',; ~• .r i 16. It shall be lawful for the Superintendent, wi/h----the advice and consent of the Provincial Council, to. reserve from tale and set aside forpublicuses/anylajad' within the Province of Olago, and such reserves shallbe dealt with by Ordinance-of "the Superintendent and Provincial Council. " 17. It shall at any time be lawful for tho 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 provided, auy laud 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 Council, to refuse to grant the application of any person for any land 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 be lawful for the said Board, with the like consent, to receive and grant applications from any person for the Eurchase of any rural laud upon which timber shall c standing iv such quantities as the said Board shall see fit; and at the same price per acre as is hereinbefore fixed for the sale of other rural land. MINERAL LAND LEASES. 19. It shall be lawful for the Waste Land Board with the consent of the Superintendent and his Executive Council, to grant upon the following terms and conditions, and upon such other terms aud conditions as they shall deem necessary, to any person applyiug for the same a lease of land containing, or supposed to contain, minerals : — 1. That the lease shall comprise so much land, not being less than five nor more than eighty acres, as shall in the opinion of the Waste Land Board be necessary for the efficient working of the minerals. 2. That the term to be granted shall be any nura- ' her 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 the minerals to be raised, except on coal, in respect of which the royalty or .rent shall be nominal, provided the object of such lease shall be to have coal .brought to market in abundance, and at the lowest price. ...■■■ 4. That the lease shall contain the usual clauses introduced into mining leases —1. For 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. 3. For securing the regular, proper, and efficient winning and working of the minerals. 4. For making void the lease on breach by the lessee of the covenants therein contained. 5. For delivering up the property at the termination of the lease in good tenantable repair. 6. For enabling the lessee to abandon the working of the minerals whenever he shall find the same unprofitable to work, and to surrender the lease. 20. Every application for a lease shall be sent in fertile applicant, and dealt with by the Waste Land Bbardy ashereafterprovided by clause No. 36,andintheey6ntof an auction taking place, the upset price for any 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 furnish to tlie Waste Land Board within a time to be. fixed by the said Board after the application shall hfeve been iKgreed to, a plan and description of the land to be leased, "which plan and description shall be' made and preparedly a surveyor to beapprovedbf by the said Board.' .; • , ' :'-l ■' ' • 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 aeposit. PEES FOR CBOWK BRANTS. 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 board. ;; 28. Provides for the adjustment of claims 'tender temporary regulation in force prior to Ist April, 1856. ... . ..... ... .... 29. Wdste Land Board established, to consist of: Chief Commissioner, and at least two other Commissioners, to be appointed and be removable by Superintendent. . . ■ ■ '■■■;■ 30. A Treasurer to Waste Land Board to be appomted andremoveable by Government. :", v 81. 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,i of waste land to be posted at ihe office of the Boara, in". 'a room open to the public, forno* less than ten- days before application decided on. , r .8.4. Before any application shall be decided. on any person may give notice in writing to the Wasie";iland Board.that he intends to dispute the grantineof suelu application, and if such person shall at the same deposit with the said Board the sum of £5 no such applicatib'n shall be decided on, except at 3 meeting of the said Board, after an opportunity shall have, been given for a full hearing of all parties. The £5 so deposited, %r aiiy part thereof, may be appropriated in payment trf costs of either party or returned to the person dejMisitiiig the same, at the discretion of the said Board. v ". ,-; . 35. Every application in referenda to which no such notice shall haYB beSn given, shall be disposed of, and all the routine business of the Waste Lands Office, shall be transacted, by the Chief Commissioner, subject nevertheless to reconsideration and revision by the said Board. J '~: . , . 36. Every application in reference to which any such notice as aforesaid shall hftye been civen, and every dispute and difference relating or incident to the sale, letting, disposal and Occupation of the Waste Lands of the Crown, or to any' act done under these 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 be 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. The decision of the" Waste Laml Board on all matters to be by it heard and determined shall be final and conclusive; provided always that the said Board may, on the application of any person, grant &■ re-hearing of any case decided by it, if it shall think that justice requires it $ and, on such re-hearing, may reverse, alter, or modify any previous decision in the same case. , 40. Board to keep a record of its proceedings open to public inspection. •: .41. Copies of all letters, &c, to be kept at Waste Landß Office, open to public inspection. FASTtTRAOE REGULATIONS. 42. It shall be lawful for the Waste Land Board to grnnt Licenses for the occupation of the Waste Lands of the Crown outside of the boundaries of proclaimed Hundreds for the purpose ot depasturing stock, and tj require 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; but in the event of the applicant neglecting so to stock to stock the said run within the space of six calendar months from the date of his application, or within such further time as the Waste Land Board may at the expiration thereof (if it shall see necessary) appoint, the sum so deposited shall he forfeited to the Waste Land Board/ -43 to 47. Empower the Board to repel trespasses, and distrain for moneys due, &c, ASSESSMENT CN BTOOK DEPASTURED ON CROWN' LANDS NOT BKINO WITHIN IHI LIMITS OP A ' HUNDRED. , . . 48. No person shall depasture cattle on or otherwise occupy any W&ste Lands 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 Conncil of the Province of Otago shall from time to time prescribe. 49. Any person depasturing cattle on any of the Waste Lands of the Crown not being within the limits of a Hundred, Bhall make or cause to be made to, and deposited with the Waste Land Board in the month of September in every year, a Heturn according to the form contained in the Schedule hereto annexed marked A, of all such cattle in his possession on the first day of the said month of September. 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 Wast? Land Board in manner hereby required, he shall forfeit and pay for every such offence any sum not less than forty shillings nor more than twenty 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, nor more than one hundred pounds, to be_ recovered by action in the Supreme Court, at the suit of the said Board. ■ . 50. There shall be levied and paid in advance in. each and every year, for and in respect of all cattle

"depastures anoTTcepTiipon'ani?siicE"1 WasK'Xafia'B-of" the Crown, the assessment-following, that is to say :— —For every head of Great Cattie-r-Jsixpeiice—_ . . For. every head of Small Cattle—Onepenhy., Which assessment shall he'paid 'by -.the person der, Eisturing such cattle to the treasurer of the" Waste and "Board, on or before the .first "day of December in every year. , ".''.. ' 51. The VVaste 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 particulars set forth in the-Schedule to these Regulations annexed, marked B ; according to which report such yearly assessment as aforesaid shall be paid at the time and in' the manner aforesaid. ;■J ;' ' * 52. On or before the first day of November'in every year, the Waste Land .Board shall .cause a notice, in the form set forth'in Schedule 0 hereunto annexed, requiring payment Of $ucli. assessment .as aforesaidj to be served upon the pe:-soiiLliable for' the payment »f the same, or t« bs left at his usual place of abode, or with the overseer or person having the charge of the cattle in respect of which such assessment shall be made. . 53. In case the sum demanded shall appear to the person who shall be required to pay the same to be an overcharge, it shall be lawful for such'person to appeal against such assessment to the Waste Land Board : Provided, that notice, in .writing, of appeal and the grounds thereof hall be given to the said Board by the person appesaling. within fifteen days after notice of such assessment shall have been served as aforesaid ; and the said Board is : hereby authorised and required to hear and determine the matter of such appeal, and to make such order therein as to it may seem meet. . ;-: - 54. In case any person liable for payment of snch assessment, of which due notice shall have been served as aforesaid, shall refuse or neglect to pay the amount due within tlie time prescribed by these Regulations, it shall be lawful for the Waste Land Board to issue a Warrant directed to a Constable to levy the amount so due, with interest at the rate of eight pounds per centum per annum, by distress arid sale of a sufficient part of the cattle, or other goods and chattels of the party liable, in like manner as in case of rent in arrear between landlord arid tenant. ■ - -■:,- ----55. If at any time the amount payable by any party for any such assessment, shall be in arrear and unpaid for three calender months after the same shall become due, it shall be lawful for the Waste _ Land Board to declare by notice, to be published in the "Provincial Government Gazette." that such person has forfeited hia license, and such person shall thereupon be liable to be proceeded against under the provisions of these Regulations as an unlicensed occupier of Grown Land. Provided, that such notice may at any titae be 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." MANAGEMENT OP LANDS WITHIN THK; LIMITS OF A HUNDRED. 56. Whenever the Governor shall, by Proclamation, have divided the Province, or any part thereof, into: Hundreds, the rights of pasturage on.Waste Lands of the Crown in any such Hundred, and the apportionment of the same, shall be exercised and enjoyed exclusively by the persons who shall take out a Depas-. Turing License, as hereinafter provided; lieing pen- ; sioners enrolled for service in New-Zealand, or persons of the native race, or half-castes, respectively, or others occupying land within the Hundred with the permission .of the Government, or of the Waste Landßoard: ' j 57; :A; depasturing license Bhall be granted to every such occupant who shall apply for the same to the Waste Land :Board, on or betore the first day of January in each year, itoroTided that he shall have deposited with the said Board a return in the form of Schedule D hereunto annexed, of the number of acres occupied by him as aforesaid. 58. Everey such license shall commence and take effect on the first day of January, and shall continue in force for one year. 59. For every such license there shall be paid to the Waste LaiidTßoard the sum of ten shillings. 60. As soott as conveniently may be after the Ist day of Jati^tary in each year, the said Waste Land Board shall publish in the "Provincial Government Gazette" a list of the persons to whom and the names of the' JEttindreds in respect of which Buch licenses shall have been granted, and at the same time and in like manner the said Board shall call'a' meeting of such' persons in each Hundred,>for the purpose b£ electing from amongst themselves, by a majority of iVO/tes, any number of persons to act as Wardens, not Wing less than three, as the said Board shall in such notice direct and appoint; and such persons shall" continue in office until the election of their successors^ alid shall have the regulation and apportionment of the righi,'»f pastiirage within the Hundred for the ; then current year, or until some other regulation ami thereof shall be lawfully, made in that behalf. , ■ ' ; ";■■ ; 61. The persons whose names shall be comprised in such lists, mail have the exclusive right of pasturage on the Waste Landsfef the Crown within the Hundred in respect of which tHey shall hold such license; 62. At every meetingto be held for the election of Wardens, a person appointed by the Waste 'Land ■Board shall preside, and ili.case of an equality of j; votes at any such election, such person shall have a casting_rote. '-•• *'^ ■ ; 63. "In the event of the death, resignation, or refusal to act of any of the persons so electedias aforesaid, the vacancy shall be filled up by an election, to be conducted iv manner hereinbefore provided. -■■:■• j •:64. It shall be lawful for the Wardens,.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 may be depastured for the then Current year by, each person holding such license as aforesaid. .;' . ; . 65. The regulations ;so to be made shall he agreed to by a majority of the Wardens, and a copy of the same under their hands shall,.as soon as conveniently may be, be furnished to the Waste Land Board for publication in the " Provincial Government Gazette.''' ' ■•-■'' : ■ '•'■: ; f 60. 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. 67. For the purpose of providing fortlie safety of the cattle to be depastured within any Hundred, for improving the run, for preventing the intrusion and the depasturing thereon . of cattle belonging ;to, or under the charge of any unlicensed person, it shall be lawful for the Wardens or a majority of them, from time to time to make such bye-laws (not being repugnant hereto), as to them may seem meet, and by such bye-laws to impose any fine not exceeding 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 luive Deen issued, and to all unenclosed lands situate within the limits, of the Hundred ; provided always that no such bye-laws shill come into operation until they shall have received the assent of the Waste Landßoard. • . ■ ■"'■ ''■'■•'■ ' '■'"' 68. 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 may have been issued to any ether person being an occupant of land as aforesaid situated within the limits of the Hundred in respect of whichr such License may have been originally issued; provided also that the notice of such transfer shall., be given to the Waste Land Board. • - 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 into effect all or any of the powers hereby j,iven to the Wardens of any such Hundred, any defraying the expenses incident thereto;; in the erection and maintenance of Pounds, the appointment of Rangers or other ofiicers.or otherwise, it shall be lawful for such. Wardens, if they shall,deem it expedient so to. do, to levy and raise for the then current year,' for and in respect of ah\ cattle depastured on the Waste Lands of the Crown Within the Hundred, an assessment not exceeding ' For every head of Great Cattle ss. For every head of Small Cattle Is. ! to be paid by the person depasturing such cattle, at the time and in. manner to be appointed by the Wardens imposing any such assessment. 71. In case any person liable for the payment of any such assessment,» shall neglect or refuse to pay the amount due in respect thereof, it Bhall be lawful for the Wardens, or any two of them, to issue a warrant under their hands, directed to some constable, to levy the amount so due by distress and sale of a sufficient part of the cattle, and other goods and chattels of the . party liable, in like manner as in case of rent in arrear between landlord and tenant. 72. Within one calendar month after the election of the Wardens for any Hundred, the Waste Landßoard shall pay over to any person 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 m a book, to be kept by them for ttat purpose, enter true accounts of all sums of

TsoneFTw"the!rfeCJtvt!aTiHa^mit-nntler^lre^uthonty of these Regulations, and,at..Old close of the year for which they-shall have been elected the said -Wardens-, j shall furnish a copy of such book to the Waste Land Board for- publication in the '/ P.roviucinl.Governmcnt •Gazette," and shall pay over to the -Wardens'for; the ensuing-year the balance of such moneys (if auy) remaining in their hands, and shall conform to andiobserve nil such Rules and' Regulations, as may from time to time be made by the Waste Laud -Board for securing the due application of the.moneyj? to be raised under the authority hereof' .'."".!.■ - ■ 74. It any person not being co* licensed as aforesaid ; shall depasture any cattle 1 on the common Wristi; Lands within any Hundred, or being so licensed shall dc'pastre on such Waste Lands1 as aforesaid agreater number of cattle tliau shall hnvebteuapportioiieilto him, every such person shall be liable to,the same penalties and proceed ings "as are herein after "provided "for the unlawful occupation of Crown Lands." '" ' " 75., If any cattle shall be found unlawfully trespass-ing-upon any landsorpublie roads.within, the-limits of a Hundred, whether such lands shall beithe.property of the Crown, or shall belong to any private person, and.whether such lauds shall be fenced or ,not it shall be lawful for any of the Wardens of such Hundred, or for any person "authorised by them; to impound the cattle so trespassing in any public pound, to be dealt with according to law. UNLAWFUL OCCUPATION OP CROWN LANDS. 16. If any person shall occupy any Waste Lands of the Crown, either by residing or by erecting any hut or building thereun, or by clearing, enclosing, or cultivating any part thereof, or shall fell, remove, or sell the,timber growing or being on any such land, or otherwise unlawfully occupy the same without haying n lease or lice nse for such purpose respectively, every such person shall, on conviction for any of the offences hereinbefore mentioned, forfeit and pay any sum not exceeding fifty pounds, to be recovered in a summary way; Provided that no person shall be convicted of any of the offences aforesaid, excepton the informa : tionor.complaint of the Waste Land Board, or of sonio person by it duly, authorised in that.behalf. ; 77. If any person so convicted as aforesaid shall, for the space of one calender month, continue in possession or occupation of such land, or otherwise persist in the unlawlul act for which he shall have been so convicted, every such person shall, upon conviction of any such further offence, upon such information or complaint as aforesaid, forfeit; and pay any sum riot less than five pounds, nor more than fifty pounds, to be recovered in a summary way. 78. Nothing herein contained shall be construed to prevent any licensed occupier of Crown Lands, or his agent or servant, from cutting for his own use such timber on the lands so occupied by him as is ordinarily used, and as may be necessary for domestic purposes for firebote, fencing, stock yards, or other conveniences, for the enjoyment of the said lands, unless such timber be reserved by the Superintendent for public' purposes, and the licensed occupier shall have been warned of such reservation. ' ' 79. No possession or occupation of any Crown Land'had, cv taken by virtue of any license as aforesaid or by depasturing under the provisions of these regulations er otherwise, shall be construed to .'give any title whatever [against the Crown, or to alter or aflfect in any respect the rights of Her Majesty, her heirs, and successors in respect of any such lands. 80. If any cattle shall be found unlawfully trespassing upon any Crown Lands, whether tre same shall be fenced or not, it shall be lawful fortlie Waste Land Boardor for any nersonby it authorised in that behalf, either generally or in the particular case, to impound the cattle so trespassing, in any public pound, to be dealt with according; to the law; provided that the Waste Land Board shall not, ncr shall any person actiug under its authority be; authorised or required to impound cattle trespassing upon Lands forming any part of any defined Run, unless such cattle be found treapassingin defiance of an adjudication .made by the said Board with respect to such land. . , 81. In any action, suit, or proceeding against any person, for, or in respect of any alleged unlawful ocenpation, trespass, or use of or upon : any Crown Lands, the proof that the occupation or use in question was authorised by : the provisions1 of these Regulations, or of an Order or Regulation made in the pursuance thereof, shall lie on the Defendant. And the averment that any lands in question are Crown Lands shall be sufficient without proof of such fact, unless the Defendant prove the contrary. And all maps, plans, licenses, certificates,' and office 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 Board shall, in all matters relating to the said respective offices, be sufficient evidence of their contents without productian of original recordi 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 j Stations and 10 acres of land at each of the other Stations erected upon the said Run; and such ■; land shall not be sold to any other applicant until the offer of purchase shall have been made to ssuch licensed Ruuholder, who shall be required to exercise his right of purchase within one month after the date' of the offer so made to him, and in the event of the' non-payment of the purchase-money within the period aforesaid the Runholder shall be deemed to have declined to purchase, and the said land may be sold to any applicant. And it shall be lawful forthe Waste Land Board to require such Runholder to exfercise any.such pre-emptive right at any time after one month's notice, although no person shall have applied co purchase the said land. _ i _ * 83. Whenever any portion ot land comprised in any Pasture or Timber license shall be purchased by any other than the holder of such license, it shall be lawful for the Waste Land Board to delay giving possession of the said land for any time not exceeding 3 months, in order to afford such license-holder a reasonable time for the removal of his property. : 84. Every act, matter, or thing done by the phieCommissioner under the authority of these Regelations 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 post or charges of any suit, action, or other proceeding, which shall be brought by or against any Commissioner, Warden, Justice of the Peace, Constable, or other person acting under the authority and in the execution of these Regulations. ; 86. In the construction of these Reaulations the word Governor shall be taken to include the Officer Administering the Government of New Zealand; and the 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|word "Cattle" shall be construed to mean the whole of the aforesaid animals. For the purposes of these Regu-. tions every ,word importing the masculine gender shall extend and be applied to a female, as well as a !-male, except where the context excludes, such construction. : RULES AND~REGULATIONS. j ; For the issue of Pasture and Timber Licenses for thc;Occiipation of Waste Lands of the Crown outside hundreds. . ■■. - ■ Issue of Depasturing Licenses outside the Boundaries of Proclaimed Hundreds. : 87. Any person requiring a License for a Run "on unoccupied portions of the Crown Lands shall lodge with the Waste Land Board a description of;such Run (as near as may be in the form of Schedule E hereunto annexed) together with a tracing of the Land applied for. 88. If no objection exists to the applicant being allowed to occupy such Run, the Waste Land Board shall thereupon publicly notify that the Land specified in the application has been claimed as a Run, and the said Board shall at the same time publish in the " Provincial Government Gazette," or in a local newspaper whenever it has the means of so doing, a description of the Run and the name of the, person claiming the same. . h : 89. No person shall be allowed to dispute the claim of another person to any Run described according to these Regulations, unless he shall do so within.' three months subsequent to the date of the publication above alluded to. ,> 90. From the date of the expiration of the above-named period of three months, the applicant shall be required to pay rent for the Run at the rate and in the manner hereinafter mentioned; and he shall be required to distinguish, by marked trees or posts,, or in such manner as shall be satisfactory to the said Waste Land. Board, such boundaries of the Run as are not distinctly defined'by streams, or other natural boundaries. .■'.'■ 91. Any person who shall have a Itnn, or any considerable ■ part thereof unoccupied by the requisite amount of stock for a period of six months after he shall have claimed the some, shall be liable to be regarded as having abandoned such Run or part thereof and it shall be lawful for the Waste Land Board publicly to notify that such Run or part thereof has been so abandoned, and the same may thereupon be given into the occupation of any other applicant. 92. In estimating the sufficiency of stock for any Run applied for the Waste Land Board shall not allow for natural increase of stock upon the Run in any greater proportions than those set forth in the following scale: — .'....' For any number of sheep up to 500, a Run may be granted calculated to depasture any number not exceeding — 8000 »btep

And in-no case shall a run' be granted capable of containing more than 25,000 sheep..tin estimating Runs for great cattle, one head of such cattle^ shall be rated as six sheep/ • ,', - 93. In case of any question arising as to attempts to evade the foregoing Regulation, or to obtain unduly the benefits thereof, the Waste Land Board shall have power to decide, such questions ,in such manner as may most effectually curry out the true spirit and meaning of such Regulation. . . -:- ■'--'•• 94. So soon as the occupant of any Run shall in the opinion "of the Waste' Land- Board have 'sum-: cienly stocked the same he shall be .entitled to a License to-depasture stock upon it for'fourteen years in the form of Shediile F. hereunto annexed, and subject to the following conditions :— '■'" Y. If-'at'any time -'during the currericy of such ' License, the land comprised therein/ or. any 'part thereof, shall be included within the! boundaries of any Hundred,; the said License shall cease and determine-as to so much; of the land' as shall be included within such boundar--1 ies from and after a day to be named in the Proclamation by which such Hundreds shall be constituted. - ■ *2. If at auy time during tue currency of such 'Li- : cense, the land comprised therein,'or any part thereof, shall be sold by or on behalf of ;the Crown, then and in that case also the said license shall cease and determine as to so much of the land as shall be sold as aforesaid, from and after the day of the date of the Provincial Government Gazette in whioh notice of such sale shall be published. . S. The Annual License fee shall be in all cases at least five pounds and every occupier of a Run shall pay annually in addition a further; Li- ""■ cense fee at the rate of one pound sterling for every thousand sheep above five thousand which the Run so occupied shall be estimated to be capable of containing, and in the same proportion for great cattle ; six sheep being ratio! its enc haaa of gr«at «atfle. : 4. If at any time during the currency of such Leense such annual fees; and the annual asseusi ment imposed by law shall not be paid by the Holder of such License in the manner and at the time required by these Regulations: then and in that case the said License shall cease and determine, and the Waste Land Board shall thereupon be empowered to notify publicly the . forfeiture of such License, and to let the Run to which it relatesby Public Auction to the highest bidder for a term of fourteen years subject to the conditions of these Regulations, and of any Law for the Regulation of pastoral pursuits. 95. No such License for fourteen years shall be granted to any applicant for a Run until he shall have paid all arrears of rent and assessments which may be owing by him for such Run. 96. In the event of any dispute arising between two or more claimants regarding the boundaries of their respective Runs, it shall be lawful for the Waste Land Bo<rd to make such alterations, in the boundaries of their Runs, or of any of them as it may, upon inquiry, judge to be just and expedient. ; • ; ISSUE OP TIMBER LICENSES. 97. It shall be lawful for the Waste Land Board to grant a License to any person to cut timber on the Waste Lands of the Crown upon payment of a fee of not less than £1 for each such License. 98. The Waste Land Board, shall determine the extent of land to which such License shall give a right of occupancy, and the Licenses shall have effect only within the district specified in them. : 99. Every Timber License shall be in the form set forth in Schedule G. hereunto annexed. QENEKAL. 100. All licenses shall be drawn so as to expire simultaneously on the last day of each year. j *101. No license shall preclude the Waste Land Board from selling, or shall in any way affect, the rights of the Crown to the Land occupied in virtue of such License. : 102. All disputes between holders of Licenses to cut timber or depasture stock, shall be heard and decided by the Waste Land Board. 103. Licenses for; depasturing purposes maybe transferred from one person to another with the consent of the Waste Land Board. : DEFINITION OP WASTE LANDS OV THK CROWN. 104. The term " Waste Lands of the Crown "; and " Waste Land" throughout these regulations, shall be deemed to. include all such land within the Province of Otago as iB declared by the 72d Section of the Constitution Act to be Waste Lands of the Crown * Clause 83, Sub-section 2 Clause 94, and Clause 101. These clauses are modified or repealed by the Land Sales and Leases Ordinances, 1856, which enacts, " That if the conditions of a pasturage lease shall be duly fulfilled,tke land forming such run shall not be sold without the consent of the lessee, until proclaimed a Hundred.'.' : ' SCHEDULES. : ■ ..' The various schedules referredto in the regulations are merely forms, printed copies of which may always. bo obtained at the office of the Waste Land Board.

For every additional hundred- • between 500 and 1000 for BOO" ,, 1000 and 3000 ,. 4001 .. 800U and SOUO „ 200 I wififi -iTifi t(> nnn tod Additional Sheep. •