OTAGO LAND REGULATIONS.

Otago Daily Times, Issue 143, 1 May 1862, Page 3

OTAGO LAND REGULATIONS.

As considerable uncertainty. seem« to prevail re. specting the exact provisions of the Land Regulations of the Province of Otago, we have thought it advisable to lay before our readers such an abstract of them as may serve to guide, intending purchasers. By proclamation, published, in tha " New Zealand' Gazette" on the 12th February.''lSsG, and afterwards published' in the " Otago Provincial Government Gazette,'' a series of Land Regulations was issued, to supersede any previously in force. The first and second clauses provide merely for the repeal of former regulations; and the substitution of the new ones. Clause 3 provides for the division of the Waste Lands of the Crown into the two classes af Rural Lund and Town Laud, reserving to the Superintendent and his Executive Council the power to declare that' any land shall cease to belong to either class, aud be considered as belouging 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. .Note.—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' Ordiuance, 1557, the Waste Land Board v has power, to deviate from rule No. 5, and to sell town lands without putting them up to auction, but to sell to any person petitioning and showing' causa at.a price to be fixed by the Board, with the consent of the Superintendent. In practice this course is only resorted to where land -which has been rural land nnd remaining unsold has been laid out as a town, and persons have houses or improvements erected upon such laud ;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 lias power to sell to religions bodies one acre of town land, for the site of a cuurch or other, building for religious purposes at the upset price. ' HtTKAL LAXD. C. AH rural land shall be sold at a uniform price of LI per acre, subject to the. conditions hereinalter conNote.—Prior to the Ist November, 18G0. the price of rural laud was 10s. per acre. This alteration was made by proclamation of the Governor, in accordance with a resolution to that efi'ect, passed by the Provincial Council of Otago. ■■:■,":' " The conditions alluded to ih'clause 6 are embodied in the following clauses. .;. ... 7. Every applicant for the purchase offirural land shall, except .as hereinafter provided by cls|lise,:No. 13 on payment of LI per acre for the land spjjpijliadin his application, or for such part thereof ns-iuia'U be granted to. him by the "Waste Land Board, receive from the said Board a certificate entitling lihnto take possession of the land therein specified under an obligation as a condition of purchase to lay out upon the said laud 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. ■ 8. Every holder of a certificate as aforesaid siiall be entitled to demand and receive a Crown grant in fee of the laud specified in such certificate, so soon as lie^ shall have proved'to the.'satisfaction of the Waste" Land Board that he has fulfilled the conditions of purchase hereinbefore provided by clause 7. • 9. No holder of a certificate as aforesaid shall be entitled to assign the land specified therein until he shall have obtained the consent of the Waste Land Board, and on such consent being given the person to whom such land shall be assigned shall, on payment of a fee of 20s, be registered by the said Board as the proper occupier of such land, and EhaU be entitled to a Crown grant as aforesaid, so soon as all the conditions aridxibligations incumbent on the original grantee shall have been fulfilled. 10. Every application for the purchase of rural land shall'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 which time the- applicant shall deposit LI per acre for the land applied for him. 11. In the event of two or more persons having made application for the same laud on the same day, such laud, if the Board shall decide that it should be sold, shall be put up for sale by auction at an upset price of tl per acre, the said applicants alone being allowed to bid.for the same. Note.;—ln reference to this clause it is necessary to observe that the original intention was that each person should apply only for the particular lot he intended'to; purchase, but owing to the inconvenience of this arrangement the practice has arisen of each, applicant applying for the whole block and then bidding only for flic allotment he requires. The putting in an application involves no responsibility, as the applicant may! if he choose refrain from bidding. 12. No application for a less quantity than 10 acres of rural land shall,-except as hereinafter provided 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 than twice the length, of the frontage ; provided always, that under special circumstances, the Waste Land Board may deviate from such rule, and may also permit proprietors to comple then-properties by the purdhase of adjoining lands of irregular shape and of small extent, j>rovided such purchase shall not unduly interfere with the advantageous division of the adjoining ljuid into convenient allotments. 13. Phe [Waste Land Board at the tune of any application for iinsnrveyed land being granted, or as soon as conveniently may be thereafter, shall inform the applicant that the land applied for by him will be surveyed ati the expense of the Government; or, that the applicant must have the land surveyed at his own expense by a surveyor to be autorised by the said Board, and every survey made by such surveyor shall be approved ;by the said Board before the appiicant shall received certificate entitling him to take possession of the land specified in his application. 14. In every case when an appiicant 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 for the cost of survey. 15. Every sjirvey to be performed at the expense of an applicant shall be completed and delivered at the Waste Land Office within six months niter the day on which his application was granted; and in default thereof it shall be lawful for the Waste Land Board either to have the land surveyed and charge the expense to the applicant, who shall pay the same before he shall be entitled to receive a certificate as aforesaid, or it shall be lawful for the said Board to dispoße of-the said Lund to any other applicant, and in such latter case the money deposited by the _tivst applicant shall be returned to him, on demand after deducting one tenth part thereof as a forfeiture for Ms default; or in case the first applicant siiall refuse to accept the said land after it shall have been surveyed the money deposited shall be returned to him on demand, after deducting one tenth part thereof as a forfeiture for his default, and such further sum as may be necessary to cover the expense of such survey Note.—These clauses 13, 14, and 15, have fallen into disnsc.-the Provincial Council hnving resolved that it was not advisable to sell laud previous to its being surveyed. All land is now surveyed by tho Government prior to its being offered for sale, aud the practice of tlio Waste Land Board is to advertise that a particular block of laud has been surveyed, laid off in sections, and will beopen for application ona given day, stated in the advertisement, being between one anil two months from the date of advertising, and that the maps may be seen at the Land office. The object ofthisruleis, that the whole of the public may have an equal opportunity of making selections and of examining the land before applying, an advantage which would otherwise be only possessed by those acouninted with the exact state of the work in the Land and Survey departments. On the day stated in the advertisement, application are made at the Land oiricc ami as the land in tlie newly surveyed district isiu treat demand, selling often considerably beyond the unset 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 Lnnd Board by clause 33 of the regulations is bound to post nil applications in a room at the Land Office, open to the public, for a period of not le*s thau ten days: nnd any person may object to the granting of an application,"in which case the application, instead of bring decided by the Chief Commissioner as n matter of routine, is referred to a meeting of the Waste Land: Board. For the public convenience, the particulars of the applications received are advertised in the local papers, as well as beinfr posted in the Land Office, and a'day is stated on which the decision will be giyen. Ifi the case of two or aorc applications boingmade in the" saiae dny, the decision must, by clause 11, be,lthat the land be. put up to auction between the applicants. On the day of decision the applicants mist attend personally or by a duly authorised ngerif, and -the highest bidder becoming the purchaser, nfjst pay down the full amount of purchase money.f Should there be but one applicant for any quantity of laud, it is granted to' the applicant as a matter ofrqitinLyat £1 per acre. Should there be no applications for a newly surveyed block Qn the.day on which it h'ts been advertised as open for applies- \ torn, open for application at any tiiao, tot

applicants haying priority according to the date of their applications. . i 16 It shall be lawful for the Superintendent, :int\ the advice and consent of the Provincial Council, to reserve from sale and sot aside for public uses, any land within the Province of Otago,"and such reserves shall be dealt "with by Ordinance ,of the Superintendent and Provincial Council. >; ' ■'" ■"■ 17. It shall at any tiirio be lawful for the Waste • Land Board, with consent of the Superintendent and Executive Council, to offer for sale by-auction, or to dispose of by lease, as hereinafter provided, any land which Khali be deemed to possess special value, as con : taining minerals. _■■■»'', t. ■ j 18. It shall be lawful for the Waste. Land Boardy 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 purchase of any rural land upon which timber shall be standing in such quantities as the said Board shall see fit; and at the same price per acre as is 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 stall deem necessary, to nny person applying fof-y»# same a lease of laud containing, orsupirosed to ■&|pjj*{n, minerals ; — 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. ; ■ :"'.' ' : 1. That the term to be granted shall be any num-, her of years not exceeding twenty-one, at the option of the lessee. ' 3. ThaLthere shall be reserved a royalty or rent of ""^one^fteentlij of the minerals to be raised, except on coal.jin respect of which the royalty or rent shall he nominal, provided the object of such lease shall, be-fto, have coal brought to market in abundance, and at the lowest price. '■ - -rfaSpS- .'■.:■ i. Tliat thelease shallffinjpairi the usual clauses introduced into mininpsleases—l. For. securing payment of the royalty or rent.w.-2. For enabling1 some person on the part^bf the lessor from time to time, to'enter auij.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 oi the lease in :&oqd tenantable repair. 6. For enabling the^ lessee to abandon the working of the minerals whenever he shall flud the same unprofitable to work, _«-:N^and to surrender the lease. 20. Every application for a lease shall be sent in by -the applicant, amldealtwithbythe Waste Land Board, ashereafterprovided by clause No. 36, and intheevent»f an auction taking place, theupsetpriceforany lease not exceeding the term of twenty-one years shall be a royalty or rent (coal excepted, as hereinbefore mentioned) of one-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 Laud Board, with the concurrence of the Superintendent and his Executive Council. 22. Every applicant for a mining lease shall furnish to the' Waste Land Board within a time to be fixed by the said Board after the application shall heve been agreed to, a plan and description of the laud to be leased, which plan and description shall be made and prepared by a surveyor to beapprovedof by the said Board. AUCTIONS. 23 to 26. Eegulate the fcrms of sale by auction. Ten per cent, 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 be paid within one month, on pa}n of forfeiture of the deposit. IKES FOR CROWN GRANTS. 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 daims under temporary regulation in force prior to Ist April, 1856. ..'■•■•,■ 29. 'Waste 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 appointed and removeable by Government. 31. Salaries of officers, 32. All business connected with sale, &c, of waste lands to be transacted by Waste Land Board. 33. Particulars of applications for sale, &c,, of waste land to be posted at the office of the Board, in a room open to the public, for not less than ten days before application decided on. 34. Before any application shall be decided. on any | person may give notice in writing to the Waste Land Board that he intends to dispute the granting of such application, and if such person shall at the same deposit with the said Board the sum of £5 no such application shall be decided on, except at a meeting of (he said Board, after an opportunity shall have been given for a full hearing of all parties. The £5 so depusited, or any part thereof, may be appropriated in payment of costs of either party or returned to the person depositing the same, at the discretion of the said Board. 35. Every application in reference to which no such notice shall have been 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. 36. Every application in reference to which any such notice as aforesaid shall have been eiven, 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 Laud Board shall be attended by at least tliree commissioners, and shall be opea to the public. , 33. Notice of every such meeting shall be posted in some conspicuous place in the office of the Waste Land Board for not less than three days previous to such meeting. 39. The decision of the Waste Land Board on all matters to be by it heard and determined shall be final and conclusive; provided always that the said Board may, on the application of any person, grant a 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 ita proceedings open to public inspection. 41. Copies of all letters, &c, to be kept at Waste Lands Office, open to public inspection. PASTURAGE REGULATIONS. 42. It shall be lawful for the Waste' Land Board to grant Licenses for the occupation of the Waste Lands of the Crown outside of the boundaries of proclaimed Hundreds for the purpose of 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 be forfeited to the Waste Land Board. 43 to 47. Empower the Board to repel trespasses, and distrain for moneys due, &c. ASSESSMENT CN STOCK DEPASTURED «N CROWN LAKES NOT BEING WITHIK THH LIMITS OV A HUNDRED. " ; ' 48. No person shall depasture cattle on or otherwise occupy any Waste Lauds of the Crown without a license lor 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 \Vaste Lands of the Crown not being within the limits of a Hundred, shall make or cause' to be made to, and deposited with the Waste Land Board in the month of September in every year,; a. Return accsrding 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 apDointed, or shall omit to deposit the same with the Waste Land Board in manner hereby required, he shall forfeit and pay for every such offence any sum not less than forty shillings nor more than .twenty 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 adrajM* in aaek md vretj jwr, f«r awl ii raipMt cf »U eattlt

depastured and kept upon any such Waste Landi of the Crown, the assessment following, that is to nay '•— For every head of Great Cattle—Sixpence. ; Vor every head of Small Cattle—One penny. Which assessment shall be paid by the person deEasturing such cattle to the treasurer of the Waste and Board, on or before the first day of December in.every year.

51. The Waste Land Board shall, on the first day of October in every year make an assessment of the cattle depastured as aforesaid, and shall. make a yearly report therof to the Superintendent, and also to the Treasurer of; the Waste Land Board, in the form and containing the several particulars set forth ,in the Schedule to these Regulations annexed, marked B ; according to'which report such yearly assessment a3:aforeSaid shall be jxud at the time and in the manner aforesaid.

521 Oil or before'the first day of November in every year, the Waste Land Board shall cause a notice, in the form set forth in Sphedulo C hereunto annexed, requiring payment of such assessment as aforesaid, to be served upon the pe.son liable for tliß payment ef the same, or ts.be left at his usual place of abode, or with the overseer or person having the charge of the cattle in respect of which such assessment shall" be made.

• 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 aud determine the matter of such appeal, and to make such order therein as to it may seem meet. 64. In case any person liable for payment of such assessment, of which due aotice shall have been served as aforesaid, shall refuse or neglect to pay the amount due within the time prescribed by these Regulations, it shall be lawful for the Waste Land Board to issue a Warrant directed to a Constable to levy the amount so due, ■with interest at the rate of eight pounds per centum per annum, by distress and sale of a sufficient part of the cattle, or other goods and chattels of the party liable, in like manner as in case of reut in arrear between landlord and tenant. 55. If at any time the amount payable by any party_ for any such assessment, shall be in arrear and unpaid for three calender months after the same shall become due, it shall be lawful for the Waste Land Board to declare by notice, to be published in the "Provincial Government Gazette." that such person has forfeited his license, and such person shall thereupon be liable to be proceeded against under the provisions of these Regulations as an unlicensed occupier of Crown Land. Provided, that such notice may at any time be revoked by the authority of the Waste Land Board; and thereupon such license shall be deemed to be again in full force. Such re-vocatioa 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 OF LANDS WITHIN THE 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; !)eing pensioners enrolled for service in New Zealand, or. persons of the native race, or half-castes, respectively, or others occupying laud within the Hundred jvitli the permission of the Government, or of the' Waste I Land Board. . : 57. A depasturing license shall be granted to every such occupant who shall apply for the same to the Waste Laud Board, on or before the first day of January in each year, provided that he shall have deposited with ths said Board a return in the form of Schedule D hereunto annexed, _of the number of acres occupied by him as aforesaid. 68.; Evcrey such license shall commence and take effect on the first day of January, and shall continue in force for one year. : 59. ; For eveiy such, license there shall be paid to the Waste Land Board the sum of ten shillings. 60. As soon as conveniently may be after the Ist day of January in each year, the said. Waste Land Board shall publish in the "Provincial Government Gazette" a list of the persons to whom and the names of the Hundreds in respect of which such licenses shall 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 of electing from amongst themselves, by a majority ,of votes, any number of persons to act as Wardens, not being less than three, as the said Board shall in such notice direct and, appoint; and such persons shall continue in office until the election of their successors, and shall have the regulation and apportionment of the right of pasturage within the Hundred _ for the then current year, or until some other regulation and apportionment thereof shall be lawfully made in that behalf. . , . 61. The persons whose names shall tie comprised in such lists, shall have the exclusive right of pasturage lon the Waste Lands of the Crown within the Hundred jin respect of which they shall hold such license. I 62. At every meeting to be held for the election of Wardens, a person appointed by the Waste Land Board shall preside, and in case of an equality of votes at any such election, such person shall have a I casting vote. : 63. In the event of the death, resignation, or refusal to act of any of the persons so elected as aforesaid, the vacancy shall be filled up by an election, to be conducted iv manner hereinbefore provided. 64. It shall be lawful for the Wardens, at any time within two calendar 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 be 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." 06. 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 for the 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 byeFaws shall extend, and be applicable not only to persons to whom such licenses as aforesaid may have been issued, but to persons to whom no such licenses shall have ueen issued, and to all unenclosed lands situate within the limits of the Hundred ; provided always that no such bye-laws sh 11 come into operation until they, shall have received the assent of the Waste Land Board. 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 which 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 given 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 officers, 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 all 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 Ib. 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 shall be lawful for the Wardens, or any two of them, to issue a warrant under their. hands, directed to some constable, to levy the amount so due by distress and sale of a 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 Land Board shall pay over to any person such Wardens may tippoint for that purpose, all moneys that it shall hare received for Licenses in such Hundred, which sums shall be applicable under the direction of the Wardens to all or tvny of such purposes as the assessment they are Authorised to levy.may b&applied. 78. The Wardensshall m a book, to be keptby I tf«m a . far Jniat purpose, mm: in* memomit «f ill/ *—-—*

money by them received and paid under the authority of these Regulations, and at the close of the year for •which they shall have been elected the said Wardens shall furnish a copy of such book to the Waste Land «oard for publication in the "Provincial Government Gazette," and shall pay over to the Wardens for the ensuing year the balance of such moneys (if any) remaining in their hands, and shall conform to and observe nil such Rules nnd Regulations as may from time to time be made by the Wnsle Land Board for securing the due application of the moneys to.be raised under the authority hereof'

74. If any person not being so licensed as aforesaid, shall depasture any cattle gii the common Waste Lands within any Hundred, or beiug so licensed shall depastre on such Waste Lands as'aforesaid agreater number of cattle than shall have been apportioned to him, every such person shall be liable to the same penalties and proceedings as are herein after provided for the unlawful occupation of Crown Lands. . 75. If any cattle shall be found unlawfully trespassing upon any lands or public roads within the limits of a Hundred, whether such lands shall be the property of the Crown, or shall belong to any private person, and whether such lands 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 OF CROWN LANDS. 70. If any person shall occupy any Waste Lands of the Crown, cither by residing or by erecting any hut or building thereon, or by cleaving, 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 having a lease or license for such purpose respectively, every such person shall, on conviction for any of the offences hereinbefore mentioned, forfeit aud 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, except on the information or complaint of the Waste Land Board, or of some 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 unlawful act for which he shall have been so convicted, every such person shall, upon conviction of any such further offence, upon such information or complaint as aforesaid, forfeit and pay any sum not less than five pounds, nor more than fifty pounds, to be recovered in a summary way. 78. Nothing herein contained shall be construed to prevent any licensed occupier of Crown Lands, or. his asentor- servant, from cutting for his own use such timber on the lands so occupied by him as is ordinarily used, and as may ba necessary for domestic purposes for firebote, fencing, stock yards, or other conveniences, for the enjoyment of the said lauds, unless such timber be reserved-by the Superintendent for public purposes, and the licensed occupier shall have been warned of such reservation. 70. No possession or occupation of any Crown Laud hat!, cr taken by virtue of any license as aforesaid or by depasturing under the provisions of these regulations or otherwise, shall bo construed to give any title whatever against the Crown, or to alter or aftiict 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 tl'e same shall be fenced or not, it shall be lawful for the Waste Land Board or for any person by it authorised in that behalf, either generally or in the particular case, to impound the cattle so trespassiug, in any public pound, to ba dealt with according to the law; provided that the Waste Land Board shall not, nor shall any person acting under its authority be authorised or required to impound cattle trespassing.upon Lands forming any part of any defend Run, unless such cattle be found trespassing in 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 occupation, trespass, or use of or ~- upon any Crown Lands, the proof that the occupation or use in question was authorised by : the provisions of these Regulations, or of an _ Order or Regulation made in the pursuance thereof, shall He 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 production of original record, and without the personal attendance of such officers, or proof of their signatures.' ■: ....._- ---82. Every licensed occupier of a run shall have a pre-emptive right to acquire by purchase at the rate of 10s. per acre subject to the conditions of purchase hereinbefore contained, 80 acres of land at one of the Stations and 10 acres of land at each of the other Stations erected upon the said Run ; and such land shall not be sold to any other applicant until the offer of purchase shall have been made to such licensed Runholder, 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 bo deemed to have declined to purchase, and the said land may be sold to any applicant. And it shall be lawfntforthe "Waste Land Hoard to require such Runholder to exercise any such pre-emptive right at any time after one month's notice, although no person shall have applied to purchase the said land. * 83. Whenever any portion 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. 81. Every act, matter, or thing done by the ChicCpmniissioner 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 bs paid out of the Public Treasury, or for the Superintendent to pay, or cause to be paid out of the Provincial Treasury, the cost or charges of any suit, action, or other proceeding, which shall be brought by or against any Commissioner, Warden, Justice of the Peace, Constable, 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 Gattle" 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 Regutions every word importing the masculine gender shall extend and be applied to a female, as well as a male, oxcept where the context excludes such construction. ■ : ■