OTAGO LAND REGULATIONS.

Otago Daily Times, Issue 147, 6 May 1862, Page 6

OTAGO LAND REGULATIONS.

Ao considerable uncertainty seems to prevail respecting 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 maj; serve to guide intending .purchasers., By proclamation, published in the." New Zealand Gazette" on the 12th February, .1856, 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 of Rural Land and Town Land, reserving to the Superintendent and his Executive Council the power to declare that any land shall cease to beloug to either class, and be considered us belonging to the other :— TOWN I.AXI). f>. All town land shall be sold by auction according to the Re"ulations 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. ■ . „ • ' SSote. 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 jand 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 selltoany person petitioning and showing; cause 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 and remaining unsold has been laid out as a town, and persons liave houses or improvements erected upon such land; or where, for public convenience, permission is grantrd 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. - RUKAL LAND. 6. All rural land shall be sold at a uniform price of LI per acre, subject to the conditions hereinatter contained* * Note.—Prior to the Ist November". 1860. 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 effect, passed by the Provincial Council of Otago. , ~ ~ The conditions alluded to m clause 6 are embodied m the following clauses. ' 7. Every applicant for the purchase of rural land shall, except as hereinafter provided by.clause No. 13 on payment of LI per acre for the land specified in his application, or' for such part thereof as shall be grantedtohimby the "Waste Land Board, receive from the said Board a certificate entitling him to take possession of the land therein specified under an obligation as a condition of purchase to lay out upon the said land -within four years from the date of such certificate, in money or labor, for all. improvements including buildings and fences, a sum equal to 40s. per 8." Every holder of a certificate as aforesaid shall be entitled to demand and receive a Crown giant in fee of the land specified in such certificate, so soon as he 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 shall be entitled to a Crown grant as aforesaid, so soon as all the condi- ] tions and obligations incumbent on the original grantee shall have been'ful filled. 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 land on the same day. such land, if the Board shall decide that- it should be sold, shall be put up for sale by auction at an upset price of LI per acre, ths said applicants alone being allowed to bid for the same. Note. —In reference to this clause it is necessary to observe that the original intention was that each person should apply only 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 the 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, bo 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, wlten fronting a river, lake, road, or coast, bo 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 com pie 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. 13. Phe Waste Land Board at the. time of any application, for unsurveyed land being granted, or as soon as conveniently may be thereafter, shall inform the applicant that the land applied for by him will be surveyed at the expense of the Government; or, that the applicant must have the land surveyed at his own expense by a surveyor to be autorised by the said Board, and every survey made by such surveyor shall be approved by the said Board before the applicant shall receive a certificate entitling him to take possession of. the land specified in his application.. 14. In every case, when an applicant shall have had land surveyed at liis 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 granted; and in default thereof it shall be lawful for tlie Waste Land Board either to have tho 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 Boai-d to dispose of the said Land to any other applicant, and in such latter case che 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 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 maybe" necessary to cover the expense of such survey Note.—These clauses 13, 14, and 15. have fallen into disuse, the Provincial Council having resolved that it was 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 a particular block of land has been surveyed,' laid off in sections, and 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 advantage which/would otherwise be only possessed by .those acquainted 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 office, and as the land in the newly surveyed district 19 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 the public, for a period of not less than ten days; and any person may object to the'granting of an application, in which case the application, instead oi being decided by the Chief Commissioner as a 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 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 the 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 ior any quantity of land, it is granted to the applicant as amatter of routine, at £1 per" acre. Should there be no applications for a newly surveyed block on theday on whfch'it has been advertised as open for application, it remains open for application at any time, the

applicants having priority according to tlie date oi tnuir anplicn'*vi«. 16. Jt sliaU be lawful for the Rnpeuntemlont, with tho sw'vict ai. I loi'seiit oi ti.e Piiivii'ci-1 Cou.icil i-> re-ervef'OiU'iilea'id set aside foi uulmcusos, any inno within the Proiince of Otago. ""ami such reserve-, shall lie dealt with by Ordinance of the Supeiiuteiidenl aiii! Provincial Council. ■ 17. It shall at any time ho lawful for the Waste Land Hoard, with consent of the Superintendent and Executive Council, to oiler for sale by auction, or to dispose of by lease, as. heieinaftei provided, any land which shi> 11 be deemed to possess special value, as containing minerals. iS. It shall be lawful for the Waste Land Board, •with the consent of the Superintendent and his Kxec.itive Council, to retuse to Kr'lllt the application oi any Sjrson for au\ l.iud it" it onall u-ppedi to the said oard that the'-ale of c-u._h land would be injurious to the public interest;, : Piovided also that it shall be lawful foi the said Boa.d, with the like consent, to receive and giaut applications from any person fur the purchase of any rural land upon which timber shall bo standing in such qiiaiitilies as the said Board shall see fit; aud at the mima price per acre as is hereinbefore fixed for the salu of other rural land. " . MINEKAL, LANI> 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, auy person, applying for the same a, lease of land containing, or supposed to contain, minerals :— , - • 1. That the lease shnll comprise so much land, not being less than live nor more than eighty acres, as shall in the opinion of the Waste La,nd Board be necessary for the efficient working of the minerals. 2. That the term to be granted shall be any number 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 sliall 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—l. 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 by the applicant, anddealtwithbythe Waste Land Board, as hereafter provided by clause No. 36, and in the event of an auction taking place, theupsetpviceforany 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 the Waste Land Board within a time to be fixed by the said Board after the application shall huve been agreed to, a plan and description of the land to be leased, which plan and description shall be made and prepared by a surveyor to beapproved of by the said Board. • " AITCTIOKS. ■■-••':■■.' 23 to 20. 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 be paid within one month, on pain of forfeiture of the deposit. . FEES FOB CUOWK GRANTS. 27. Fees on Crown Grants shall be payable before the delivery of every Crown Grant, and shall iipt exceed 20s. in each case. . ■ WASTE LAND BOARD. £8. Provides for the adjustment of claims under< temporary.- regulation in tbrce-prior to Ist April; ISoli. 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 Boaßl. 33. Particulars of applications far 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 the said Board, after an opportunity shall have been given for a full hearing of all parties. The £5 so deposited, or any part thereof, may be appropriated in payment of costs of either party-or returned to the person depositing the same, at the discretion of the odd Board. 35. Every application in reference to which no such notice shall have been given, shall be disposed of, arid 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 Land Board shall be attended by at least three commissioners, and shall be open to the public. "*■'*' US. JSFotiee of every such maetino; shall be postel 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 }Derson, grant a re-hearing of any case decided by it, if it shall thiuk that justice requires it ; and, on such re-hearing, may reverse, alter, or modify any previous decision m the same casp^. • 40. Board to-keep a record of its proceedings open to public inspection. 41. Copies of all letters, &c, to be kept at Waste Lands Office, open to public inspection. PASTURAGE 11EGULATIONS. 42. It shall bo 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 oi: depasturing stock,' and ■it 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 appliaation, or within such further time as the Waste Land Board may at the expiration thereof (if it shall see necessary) appoint, the sum sodeposited shall be forfeited, to the Waste Land Board. 43 to 47. Empower the Board to repel trespasses, and distrain for moneys due, &c, . ASSESSMENT ON STOCK DEKATTUIIED ON CROWN LANDS NOT BEING WITHIN TUB LIMITS OF A HUNDMIftr 48. No person shall depasture cattle on or otherwise occupy any Waste Lauds of the Crown without a license for that purpose in such form and subject to such conditions as the Superintendent by and with the advice and consent of the Provincial 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 being1 -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 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 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>retnrn he shall forfeit and pay for* every such offence ftny 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 aebfand every jear, for and in respect. of£aliflcattle

depastured and kept upon any such Waste Lands of the Crovvii, the a* :>oß>i.iiHUt following, that is to say :— Foi e\e*> head of Gveat CattJt —Sixpence. For eieiv lieaii of Small Cattle—One penny. Which assessment shall be paid by the peison_ dep.\stu*.ii*n such cattle to the tieasuier of rhe Waste L.-nd Board, on or betoie the fiibt day of De^embei in every j ear. ,">!. The VVa&te Land Board shall, on tho first daj of October in every year make an assessment of tie cattle depastuied as afoiesaid, and shall make a yuirly lepyit ineiol to the E-upeiiioenttent, ami also to the Treasurer of the Wavve Land Board, in the foi m and containing the several particular, sot forth in the Schedule to the-* Regulations annexed, marked B : accoidmg to which report such yearly asse-sment as afiiies-iid shall be paid at the time and m the nuinner aforesaid. ' . 52. On or before the first day of November in ewi\ veai, the \\ a»te Land Board shall wiube 'a notice* in the form set forth in Schedule C hereunto annexed, requiring payment of such assessment as aforesaid, to be served upon the pc son liable tor tlie payment of the same,.or to be left at hi 3 usual .plate of abode, or with the overseer "or person having1 the charge of the cattle in respect of which, such assessment shall bo 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 nays 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. ■ • 54. In case any person liable for payment of such assessment, of which due notice■ shall Jiave been served as aforesaid, shall refuse or neglect to pay the anioant due within the time prescribed by these Regulations, it shall be lawful for the Wasi&'Land. Board to issue a Warrant directed to a Constable to levy the amount so due, with interest at the rate of oight pounds per centum per annum, by distress and sale of a sufficient part of the cattle, or other goods aud chattels of the party liable, in like manner as in case of rent 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 lias forfeited his license, and such, person shall thereupon be liable to be proceeded against under the provisions of these Regulations as an unlicensed oocut pier 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-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." MANAGEMEHT OF LANDS WITHIN TUB 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 Cj'own in auy such Hundred, and the apportionment of the same, sliall be exercised-and enjoyed exclusively by the persons <vho shall take out a, Depasturing License, as hereinafter provided ; being pensioners enrolled for service in New Zealaud, 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 Land Board. 57. A ' depasturing license sliall be granted to every such occupant who shall apply for the same to the Waste Land Board, on or before the first day of January in each year, provided that he shall have deposited with the said Board a return in the form of Schedule D hereunto annexe?!,; of the number of acres occupied by him as aforesaid. ' 58.' Everey such license shall commence and take effect on the first day of Jannary, and shall continue in force for one year. ' . 59: For every such license there shall be paid to the Waste Land Board the sum of ten shillings. . 60. As soon as conveniently may be after the Ist day of January in each year, the said Waste Land Board shall publish in the "Provincial Government Gazette" a list of the persons to whom and thenames 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 pui-pose of electing from amongst themselves, by a. majority of votes, atiy number of persons to ant as Wardens, not being less than.three, as the said BoUrd 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 skill be lawfully made in that \ behalf. . ~ 61. The persons whose names sliall be comprised m i such lists, shall have the exclusive right of pasturage j on the Waste Lands of the Crown within the Ilnudred in respect of which they shall hold such license. 62. At every meeting to. be held for the election of Wardens, a person appointed by the Waste Land | Board shall preside, and in case of an equality of votes at any such election, such person shall have a casting vote. , ■ 63. In the event of the death,'resignation, or refusal to act of any of the persons so elected as aforesaid, the vacancy shall be filled up by an election, to be conducted'iu manner hereinbefore provided. 64. It shall be lawful for the Wardens, at any time "withm two calendar, months after their election, to compute the quantity of cattle capable of being deSistural on the Waste Lands of the Crown within the undml, to determine the description of cattle to be depastured thereon; and to apportion the number of grfcat nattle.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 Hoard for publication iv the "Provincial Government Gazette.'* ' * 66. In case the Wardens shall neglect to make such Regulations within the period aforesaid, all the powers hereinbefore given to such AVardens shall be held and exercised by the Waste Land BoarJ. 07. Fur tho purpose of providing for the safety of the cattle to be depastured within anjgHundred, for 'improving the run, for preventing the intrusion aud' 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:law3 (not being repugnant hereto), as to them may seem meet, and by such bye-laws to impose any fine not exceeding1 five pounds, to be recovered in a summary way upon any person offending against the same, and such byelaws shall extend, and bs applicable not only to persona"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 situats wiuiin'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. -/'■'•■• 08. 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 pei-son to >vhpm the same may have been issued to any ether person being an occupant of land as aforesaid situated within tho limits of the Hundred in respect of which such -Incense 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 LandBosud to Issue such Depasturing Licences as afoi'^wll, 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 (.iven to the Wardens of any such Hundred, any defraying tlie expenses incident thereto, in the erection and niaintenance of Pounds, the appointment of Kangers 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 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. ',*'* i 71. In case "any person liable for the "payment of any such assessment, shall; neglect qr 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 teuant. 72. Within one calendar month aftei^tlie election of the Wardens forainy Hundred, the Waste L:rad Board Sliall 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 npplicable under tlie direction of the Wardens to all or any of such purposes as the assessment they are' authorised to levy may be applied. 73. The "Wardensshall in a book, to bekeptby them for that purpose, enter true accounts- of all sums of

Boney by them n'ceivpd and pniii iimler thf authority I ot these .Regulations, and at the clo«e of the year for which thfiy/shall : hnve been ok-ctcd the snid Wardens shall furnish a copy of such book to the Waste Lund Hoard for puliliratinn in the " Provincial Government Gazette." mid sniill p»y over to the Wardens for the riteiiiiig yrar the balance of tuch moneys f_if any) re- < maiuing in their hands, ami .shnll conform to and observe all such Rules and Regulations jus may from 1 tiiiie to time be madi-by the Waste Land Boaid for stvurin;' the due applicaiion of the moneys to be raised 1 under the authority hereof* < 74. It any pei>on not licingso 'lcon^ed ns aforesaid, ehaUdep.istinv any cattle on the common "Washl LauiN wit'iiu any Hundred, or bein-js.o licensed sliall ttupus trcon such Waste Lands as aloi'esaid agi cuter number of cattle than slinll hay been apportioned to him, every Mien person shnll be liable to the same nonaltics and proa-citing** as are herein after pi ovided-foi' tke unlawful occupation of Li own Lands. 75. If any cattle shall be found unla-vfuily trespassing upon any lands or public roads withiu' the limits of a Hundred, whether such lands .shall hi? the property of the Crown, or shall belong1 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 cnttle so trespassing in any public pound, to be dealt with according to law. UNLAWFUL. OCCUPATION OF CKOWN LANDS. 70. If any person shall occupy any Waste Lands of the Crown, either by residing or by erecting' any hut or building thereon, 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 having a lease or license for such purpose respectively, every such person shall, on conviction for any of theoifences 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, 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 otherwi-e 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 iil'ty pounds, to be recovered in a summary way. 78. 'Nothing herein contained sliall be construed to prevent any licensed occupier of Crown Lauds, 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 sail! 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 a»iy Crown Laud had, rr taken by virtue of any license asaforesaid or by depasturing under the provisions of these regulations or otherwise, shnll be construed to giveany title whatever against the. Crown, or to alter or aftectin any respect the rights of Her Majesty, her heirs, .and successors in respect of any such lands. 80. Jf any cattle shall be found unlawfully trespassing upon any Crown Lands, whether the same .shall be fenced or'not, it shall be lawful for the Waste Land Board or f.ir any "person by it authorised in that behalf) either generfilly 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, nor shall any person acting under its authority be authorised or required to impound cattle trespassing upou Latuls^ forming any part of any defined ; Run, unless such cattle be found tre&passing in defiance of nn adjudication made by the said Board with respect to such land. , "*.*■'■ 81..1n 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 Lauds, the proof that the occupation or use ia question was - authorised by the provisions 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 iv question are Crown Lands shall be sufficient without proof of such fact, unless the Defendant prove the contrary. And nil maps, plans, licenses, certificates, and office copies, certified as true under the hands of the Government SuiTcyor 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 s*_ch officers, or proof of their signatures. , 82. Every licensed octfupier of a run shall have a pre-emptive right to acquire by purchase at the rate of 103. per acre subject to the conditions of purchase hereinbefore contained, 80 acres of land atone of the Stations and 10 acres of land at each of the other Stations erected upon the said Kuii; and such land shall not be sold to any other applicant untir the offer of purcha-e shall have been made to such licensed Runholder, who shall be required to exercise his right of purchase within one mouth after the date of the offer so. niade to him, and in the event of the non-payment of the purchase-money within the period aforesaid the ILunholder shall be deemed to have declined to purchase, and the said land ina,y be sold to any applicant. And it shall be lawful for the Waste Land Board to require such llunholder to exercise any such preemptive right at any time after one month's notice, although" no person shall have applied to purchase the said land . ; . ■■*. *83. Whenever any portion of land comprised in. any Pasture or Timber license shall be purchased by any other than the holder of such license, it shall be lawful 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 ChicCommissioner 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 cost or charges of any suit, action, or other proceeding, which shall be brought by or agaiust 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 Iteiulations the word Governor shall betaken 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 thewords.'•'Small Cattle" shall be construed to mean sheep, goats, aud 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 Kegutious every word importing. the masculine geuder shall extend aud be applied to a female, as well as a male, except where the context excludes such coustvuetion. '". .