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REGULATIONS

FOR THI DISPOSAL, SALE, LETTING AND OCCUPATION

. OT> THB WASTE LANDS OF THE CEOW2 1 IJt THB PROVINCE OF CANTERBURY: AS AMENDED. ' 1. A LL Regulations now in force in the ProXI vince of Canterbury for the Bale, letting, disposal, and occupation of the Waste Lands oi the Crown are hereby repealed. 2. All such Waste Lands shall, from and after the day on which these Regulations shall come into force, be'sold, let, disposed of, and occupied according to these Regulations, and not otherwise. 3. Every Act which the Superintendent is hereby authorised or required to perform he shall perform solely in accordance trith the advice of liis Executive Council for the time being1, and such advice shall be recorded on the minutes of the Council. II. —THE WASTE LASDS BOAKD. 4. There shall be established a Board to be called the Waste Lands Board, to consist of one Chief Commissioner, and of not less than two nor more than lire other Commissioners, all of whom (except such one as shall be appointed to act as Treasurer) shall be .appointed raid be removable by warrant under the hand of the Superintendent, 5. One member of the Waste Limds Board shall also lie the Treasurer thereof, and such member shall be appointed and removable by the Governor. 6. The Waste Lands Board shall sit nt the principal Land Office of the Province, at certain stated times to be determined by the Superintendent, and shall also sit for special purposes at such places and at such times as the Superintendent shall direct; of which sittings due notice sh.ill he given in the Provincial Government Gazette, and- one or more newspapers published in the Province. 7. The Chief Commissioner when present, and in his absence then some member selected by those pi-e----sent at any meeting of the Board, shall preside thereat, and shall have a casting vote in all questions coming before the Board. , 8. All questions coming before the Board shall be decided by a majority of the Commissioners present thereat. 9. All meetings of the Board shall be attended by at least tliree Commissioners, and shall be open to the public. 10. All applications for Land and for Pasturage and for Timber Licenses shall, after hearing evidence when necessary, be determined by the Board at some sitting1 thereof. 11. The Board shall have power to hear and determine all disputes between the holders of Pasturage and Timber Licenses respecting the boundaries of runs and districts, and shall have and exercise all the powers which may be lawfully had 'and exercised by any Commissioner of Crown Lands, under the provisions of the " Crown Lands Ordinance, Sess. X., No. 1 ;" and the " Crown Lands Extension Ordinance, Sess. XL, No. 10." 12. All the routine business of ths Land Department shall be transacted by the Chief Commissioner, subject to such regulations as may be made by the Board in that behalf. 13. A book to be called the "■, Application Book" shall be kept open during- ojßce hours'et the Land Office, in which the name of every person desiring to make any application to the Board shall be written in order by himself or any person duly authorised on his behalf. And the Commissioners shall, during the sitting of the Board, consider and determine all appliratioiis in the order in which they shall appear in the application iw»k. Provided that if any person shnil not appear himself or by some person duly authorisd on Ins behcH" bciore the Board when called in his turn, his uppl.'ation. shall be dismissed until his name shall appear again in the Book in order. Provided I also that if two or more persons shall apply at the same time to write theiv names in the Application Book the Chief Commiss'oner shall bracket their ames, and shall initial the bracket; and when they all appear before the Board, the ljonril shall determine tlie priority of right to be hard by lot. And it Bjnill not be lawful for the Board to hear any application except such as shall be made in accordance with this regulation. ■ 14. The Board shnll keep true and detailed minutes of ail sppHcations made to the Board, and all decisions thereon, anil of all sums of money paid to the Treasurer, and generally of all the proceedings of the Board; and such minutes shall be si[n.".d by all the I Commissioners present at any meeting-. And such minutes shall be open to the inspection of all persons j desiring to inspect the same, at all reasonable hours, on payment oi the sum of two shillings and sixpence for every such inspection. 111. —STJKVRTP. 15. There shall be a Chief Surveyor who shall be appointed and removable by Warrant under the hand of the Superintendent, and as many «sistant Surveyors as shall be necessary, who shall oe appointed anil removeable by the Superintendent upon the recommendation of the Chief Surveyor. 16. A" surveys shall be conducted in such manner es the Board by tny regulations to be made in that behjdf shall direct. IV.—THE UKD BETEKHI. 17. All payments to he made in respect of land shall be made to the Treasurer of the Board during the sitting thereof, and the Treasurer shall thereupon give receipts for the same. 18.—By the 62nd clause of the Constitution Act the Governor is authorised and required to pay out of the revenue arising from the disposal of the W«ste j Lands of tlu» Cr»wn *U the wsts gun-fes, mi «x-

penses incident to the collection, jnanagcment, andreceipt thereof; and also l o pity out 6ft lie said revenues 3uch_suTM—na.aLnU._liecjjjiie^payable under certain other j.-rovisioisp Iln:i"i'iii coniniut-u. The Treasurer hi file Waste Lands lioiml shall, -therefore,-p«y out of all the funds coming into Jiis lmnds under these rtgulatiuns all'sucli stilus for.tlio^ibovA'-.iiiK».oil .purposes, in ■such manner end to sucii persons as the Governor, shall, direct. • ... .. : • ."Vr-PI'BHC 'RRSIiIIVHS. , I \ :! 19. Reserves for tl c uses of the Provincial Government and for iithir. jmhlir,purposes njay, .upon-'-the j econuncndntinn of the Provincial 'Council, beinacle'.- (- by tlie Superintendent; mid shall not be alienated' from the specific purposes to which tliey shairimve been severally dctlio:Vio«i, except undtr the provisions1; of an Act fit' tlie (iencral Assembly, entituled 'the- .. Public Reserve^,Act, .1854;" and a full ami complete description of every such reserve and of the purposes to which it shall have been dedicated shall,, •as soon as possible after it shall have been made, be published in the Gar'ernmentjGaze'ttetftivi Province,1 and" set forth on the authenticated, maps in the .Land Office. Provided, that, the, Superintendent may. ifthe Provincial Council be not then'sitritig, temporarily reserve land for such purposes until .the next ."session;; of such Council. . : . 20. Reserves for public highways, bridle-paths, and foot-paths, shall be made by the Superintendent, and shall be set forth on the authenticated maps, in the Land Office. The Superintendent and the-Provincial, Council may by Ordinance alter the line of any such highways, bridle-paths, and foot-paths, and dispose of the land theretofore used for the sanie. . ; 21. The Superintendent may temporarily .reserve, any land for the preservation or sale .of the timber, thereon; butsucli land,may. at any, time cease to be so reserved upon. a resolution of the Provincial Council. . .. , ' 22. The Superintendent may,- upon ■thc--reeom--■ne'ridntion of the1 Provincial Council, by proclamation in the Government Gazette, reserve1 from theopera— tion of these regulations any tract of country in which the precious metals may be found to exist: and the land within such tract of country shall be ■ disposed o according to regulations hereafter to be issued and published in that behalf; in the. same manner and under the same authority as these present regulations. '?.. ,:, VI. —TOWN LANDS. • ■'■'"- -I 2S. Tlie sites of towns shall be determined by the Superintendent, upon the recommendation' of the Provincial Council, and shall be notified by proclamation in the Government Gazette of the Province. 24. Town Lands shall be sold by public auction, in sections, the size and upset price of which shall be determined by the Superintendent and the Provincial Council; and having been so determined, for each town severally, shall not again be altered. 25. The time nud place of every auction salo shall be fixed by the Superintendent, and shall be notified in the Government Gazette, and one or more newspapers of the Province, at least tliii'ty days before such sale shall take place. 2G. No such notification of any sale of town lauds shall be published until a map of the town, signed by the Chief Surveyor, shall have been laid open for public inspection'in the Land Office; and such map shall set forth, accurately delineated, all the town sections numbered consecutively, so far as laid out, showing the sections to be submitted for sale, and the public reserves in connection with them. 27. Town sections may be put up to auction, either by order of the Superintendent, or upon the application of some person who shall, at the time of making such application, deposit ten per cent, of the upset price with the Treasurer of the Waste Lands Board. Such deposits shall, if no advance on the. upset price oe made, be considered as the deposit upon the side at such public auction. 28. If any section shall be purchased by other than the .original applicant, 'tlie deposit money shall be forthwith returned on demand. 29. Ten days at. least before any such auction sale, a list of all the sections about to be offered for sale shall be published in the Government Gazette, and one or more newspapers of the Province. SO. Every auction sale of land shall be held by the Commissioners in open court as hereinbefore provided. 31. The person who shall be declared the highest bider at such auction shall immediately pay a deposit often per cent, of the purchase money to the Treasuror, and in default thereof, the section shall be again immediately put up to auction. paid to the Treasurer in full, within one week after 32. The remainder of the purchase money shal Hip the day of sale j and, in default thereof, the pur cliase shall forfeit his deposit money, and also al right or 1l"le to the land; and the section maybe sold to any person applying for the same for the price at which it was knocked down at the auction; and, if not so sold, the section may be again put up to auction at any future sale. 33. Upon payment of the purchase money in full, the purchaser shall receive from the Commissioners a " License to Occupy." in the forai set forth in Schedule A to the' Waste Lands Regulations, and such License shall be restored to the Commissioners upon receipt of a Crown Grant of the land purchased. VII. —RURAL LAND. 34. All lands not included in any of the foregoing regulations shall be open for sale as rural laud, at an uniform price of forty shillings per acre. . 35. Save as hereinafter provided, no section of Rural Land shall be sold, containing less than twenty acres; but any section so limited by frontage lines or private lands as to contain less than twenty acres may be sold by auction at the upset price of forty shillings per acre; the time and place 'of sale, and tlie mode of snle, and payment of purchase mpney tp be as nearly as may be in accordance with the regulations herein contained applicable to the sale of Town Land. Provided, nevertheless, that if any section so limited shall be included in a Pasturage License with Preemptive Right, the holder of such License shall be entitled to exercise such Pre-emptive Right under these Regulations upon payment of the sum of forty pounds for such section. 36. Every section of rural land shall be in one block, and, except as hereinafter provided, of a rectangular form, and if bounded by a frontage Jine ,shall be of a depth of half a mile (or 40 chains) from such frontage. • ...... Note.—A frontage line shall be taken to mean the boundary of a road, river, or public reserve, or any stream or watercourse which shall have been declared by notification in the Government Gazette to constitute a frontage for the purpose of selection. 37. Where, from the frontage not being a straight line or rom the interference of other frontage lines, natural features, or the boundaries of private lands, the above rules in respect of form cannot be accurately observed, the form of the section shall be determined as nearly in accordance with these rules as, in the judgment of the Board, circumstances will admit. 36. In sections of lands not adjacent to or bounded by a frontage line, all the sides may be equal, but one sfde may not be less than one-third of the other; and such section shall not be less than half a mile distant from r frontage line. 39. Any person possessing* a section of land may at any time' select "another adjacent thereto, of such form that the two together, being considered as one section, shall be in the form required for a single section under the foregoing rules. 40. Immediately on the payment of the purchase money, the purchaser shall receive from the Commissioners a " License to Occupy." in the form set forth in the Schedule B hereunto annexed; and as soon thereafter as conveniently may be, the land shall be laid off by a Government Surveyor, as nearly in accordance with the description given by the purchaser1 in his application as these regulations will admit; provided that whenever the lands selected lie without the surveyed districts, the expense of the survey and of connectfaig such survey with the existing surveys shall be borne by the purchaser, who shall at the time of purchase deposit the amount of the estimated cost of such surveys with the Treasurer of the Waste Lands Board, which shall bo made as soon as practicable, by order of the Chief Surveyor. Provided a 1 ways/that should any section when surveyed prove to difier in any respect from that intended by the purchaser, the Government will not be responsible for any loss or inconvenience which the purchaser may experience, nor will the purchase money be re-» turned. Provided also, that'if the Surveyor shall find that, the whole extent of land in the selected locality falls short of the quantity paid for by the purchaser, the Treasurer shall repay so much of the purchase money as exceeds the price of the land to be conveyed.. The "License to Occupy" shall, in any such case, be amended by the Commissioners, in accordance with tlie report of the Surveyor, and the Crown Grant shall be made out in accordance therewith; and the "License" shall be returned to the Commissioners when the Crown Grant shall be ssued. 41. Any person making a ditch and bank fence on lands adjoining Waste Lands of the Crown may take out of such lands half tlie land required for the ditch and bank: provided that no ditch or bank shall be more than six feet in width. VIII. —COMPENSATION LANDS.----42. Whereas it is desirable that private persons 6hould be enabled to receive portions of Waste Land in exchange for private lauds taken for roads or for other public purposes; if any person shall be entitled to receive any compensation in respect of any land which shall have been taken for the purposes of a road or Of any other public work, or in respect of any damages done to his property by the taking of such land for such purposes, such person shall, uoon application to the Waste Lands Board, be entitled to a grant of rural laud in such situation as he shall select, subject to the conditions as .to form and frontage in these regulations contained, to the extent of one acre for every two pounds sterling of the'amount of compensation which the applicant shall be entitled to receive in respect of the land taken for such purposes w fe» T&f*t »f ««h damajje wnforewud, ' '

.43, If any person shall contract with the Superintendent fo mnke iind , complete within a given time, any public road, bridge, or drsi'ii, or'any part of any sii'.'l) road, briiig'it, or liraiii, famishing .■inch security as the Superintendent may re.iiui.ue for. the due completion of such contract, ritui sjwll sdi-et such portion of rural land as he sh;!1' ("> "vil'in"- <o newpt by way oftpuymenfov <*oni|u-t",.sarioril or In- wav of part, pay*-' nit-nt or compensation foi-.siieh work ,- it shall be lawful for the. Superintendent to-iVservi.- sucli portion of land from public sale for such given time'but ho jloiiKcr; and kueh person sliallj on the completion of : sucli 'contract, be.entnled to a'free grant of such land, or so much thereof as the' Board shall adjudge, not exceeding one acre for every two pounds sterling •.jwlueii the .Supcriutentieiit shall certify to tlie Waste | Lands Board to be the bond fide, value of the work so ■ done by such person according to the prices for wpfli and materials at the time of pertbrmirigsuch contract' current in the district.- -. ; ". -' : -'- '. Every.; such reservation of land from public sale ■ sha.ll be published in the Government Gazette of the i Province, as directed iv clause 19 of these' Regulations. . ' •-. '.'.-;.: 'No such reservation shall continue in force for nlonger period than twelve calendar montlis from the ' date oh which it shall have been made. No land included in a Pasturage License with Preemptive Right shall; as against the holder of such Pre-emptive Right, be so reserved or granted until' he shall have been allowed tire option of purchasing such land in the manner prescribed in clauses 64 and; C 6 to these Regulations. ': No;greater amount of land than 250 acres shall under the provisions' of this 'clause be reserved or granted to any person under any such contract, unless iv payment of work for which a vote has 'been passed by the Provincial Council. Nogreater amount of land than 1000 acres in the • aggregate shall, in any one year, be reserved or granted under the provisions of this clause, without the special sanction of the Provincial Council. Provided always that every parcel of land so granted shall be subjected'to the' same conditions as to form and frontage as any rural lana so c under these Regulations; provided also thai no application for less 'than 20 acres shall be received" under this clause," but that where any amount of compensation "awarded, by i JJie Board shall be of less extent than 20 acres of land", ! the person entitled may pay the balance iv cash upon the same terms as other applicants for the purchase of rural taids under these Regulations. ; IX.—NAVAL AND MILITARY BOUNTIES. 44. Whereas the Superintendent and the Provincial Council and other the inhabitants of Canterbury are desirous to aid in making provision for the maintenance of such, persons of Her Majesty's land and sea forces as may be discharged as unfit for further service in consequence of wounds or loss of health incurred in the present war with Russia, and also for the maintenance of the widows of those who may be killed in such war:— Any such person or widow si- all, upon application to the Waste Lauds Board, and upon the production . of satisfactory evidence from the proper authorities as to such discharge or death, be entitled to receive a free grant not exceeding 30 acres of tlie Waste Lands within this Province, subject to the conditions as to form and frontage contained in these Regulations; provided always that such application shall be made to the Waste Lands Board by such person or widow in person within three years after such discbarge or death. X.—PASTURAGE. 45. Until sold, granted, or reserved for public purposes .as herein provided, the Waste Lands may be occupied for pasturage purposes by persons holding licenses from the Waste Lands Board to occupy the same,.,,i, . 4(x Any person applying for a pasturage license shall state to the Commissioners what are the boundaries and extent of the run applied for, and the number and description of the stock which ho possesses, or will undertake to place upon the run witlun twelve months from the date of the license. 47. The extent of run allowed to each applicant shall be at. the rate of 120 acres to every head of great cattle, and 20 acres to every head of small cattle. The words "great cattle" shal! 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, male and female, ,v<ith their weaned off-' spring. .. 48. Every pasturage run shall be in one block, and, as far as circumstances will admit, of a rectangular form: the frontage, under ordinary circumstances, shall not be greater than one-half the depth. 49. The fee to be paid for the license shall be at the ollowing rates:—For every run containing less than 1000 acres, twenty shillings for every hundred acres; for every run containing 1000 acres, and not less than 5000 an 23, two-pence per acre for the first thousand and one penny per acre for every acre in addition. Yiyr every rnn rnntninins' 5000 acres or upwards, one farthing per acre for the first and second years, one half-penny per acre for the third and fourth years, three-farthings per acre for the fifth and every subsequent year; provided that the first year shall be taken to be the time elapsing from the date of the original license to the first day of May next following. •DO. No pasturage license shall be granted'for a' less annual fee than £2 10s. 51. The fee shall be paid to the Treasurer of the Waste Land Board every yflar, in advance; for the first year on the issue of the license, and for the second and every subsequent year on any sitting1 day of the Board, between the 20th day of April ana the first day of May, inclusive; and every pasturage license not renewed V>y payment of the required fee, on or before the first .day of May, shall, unless good cause to the contrary be shown to the satisfaction of the Waste Lands Board, lie considered as abandoned. 52. Every pasturage license shall be in the form set forth in the Schedule C to the Waste Lands Regulations, and shall be transferable by endorsement in the form set forth in such Schedule, and such transfer shall bo deemed to he complete upon notice thereof being duly given to the Waste Lands Board, and not before. A pasturage license shall entitle the holder thereof to the exclusive right of pasturage over the land specified therein upon tlie terms above stated. Such license shall ;bcfrenewed by endorsement from year to year, until-the land, specified therein shall be purchased, granted, or reserved under these regulations; and the fee to be paid in respect of such license shall not be altered until the Ist May, 1870. Such license shall give no right to the soil or to the timber, and shall immediately determine over any land which may be purchased, granted, or reserved under these regulations. A reasonable right of way shall be allowed through all pasturage runs.

53. II at any time during the first four years after the issue of the first license the quantity of stock for the run shall be less than that originally required, or during the next three years less than twice that amount, or during any subsequent period less than three times that amount, the Waste Lands Board may declare the whole or a portion of such run to be forfeited; provided always that with regard to runs granted prior to the issue of these Regulations such first period of four years shall commence from the date on -which these Regulations shall come into operation : provided that one or more runs held by the same individual or firm may for the purposes of this clause be considered as one run.

54. In any case n which a runholder can prove to tlie satisfaction of the Waste Lauds Board that he is precluded by arrangements en-tored into previous to the passing of these regulations from actually, for a given period, placing his stock on his own run, it shall be sufficient if he prove to the satisfaction of the Board thatf;he possesses within the Province the requisite amount of stock, and will undertake to place -the. sarae n the run at the expiration of such peoiod. 55. Every holder of a license shall, at any time, upon a written order from the Waste Lands Board to that effect, make a true and complete return of all the stock on his run; and if he shall wilfully and knowingly make any false return, the Waste Lands Board shall immediately declare his license to be forfeited. 56. Every run or portion thereof "which shall have been forfeited, as above provided, shall be put up by the Waste Lands Board to public auction, after an advertisement in the Government Gazette, and one or more newspapers of the Province. A license granted after forfeiture shall be deemed to be an original license. Upon appeal from any person whose run has been forfeited, within GO days from the date of such forfeiture, it shall be lawful for the Superintendent to reserve or suspend such forfeiture either wholly or in part. 57. Every person taking out a license for a run which is not stocked will be required to deposit with the Treasurer the sum of ten shillings for every hundred acres included in the license, which will be returned without interest as soon as he shall have fulfilled the conditions in respect to stocking the run within the prescribed period; but if such conditions be not fulfilled such deposits shall be forfeited 1 58. The above rules in respect to stocking a run, and to the lodgment of the money with the Treasurer, shall not apply to'.vuns containing less than 5000 acres. 59. jEvery holder of a license may be required at any time to pay for the actual cost of the survey of his run at a rate not exceedingSOs. for.every thousand acres.

CO. JSvery holder of a pasturage license shall, upon application to the Waste Lands Board, be entitled to a pre-emptive right over portions of his run, as follows:—For a run of not less han 1,000 acresand not more than 5,000 acres, over a block of land comprising and circumjacent to his homestead to the extent of 5 per cent of the acreage of the run. For a run of 5,000 acres and upwards, over 250 acres of land comprising and circumjacent to his homestead or principal station. And for all runs, over all lands occupied by any buildings, enclosures, plantations, cultivations, or any such other improvements as shall in the judgment of the Waste Lands Board be deemed sufficient for the .purposes, of'this clause, together with fifty acres comprising and circumjacent to the lands se oo<juj)i«d or unproved. .

61. The Licensee shall at the time of his application to the Bonrd give a suificient description of the lands over whicii he claims sucli pre-emptive right, to tlie i-satisfaction of-th»-Chief tfurvevor. And. the .same .shall be marked oli'on lie authenticated Maps in the ' Land Office. '-'•' •■•'• %i <i' 2. The.lanrts included in. such pre-emptive1 Hjjh may be of such" form' a*' the' applicant shall choose ; but any land purchased by him ifi the exercise of sucli right shall be subject to the regulations as to form and frontage hereiri contained.1 •"'•-. . .63.- The .Waste Lands Hoard shall not receive nor .entertain any application to purchase, from .smv. person other than the ruuholder, the aforesaid block1 around the homestead.or:.principal.station'which does not include the .whole of such block. :.../ .."-• • 64. Tlie right of pre-emption hereby given shall be exercised -within one week for'all lands within twenty miles of the Land Oilice, at Christehureh; .and within one month for all -lands. at. a- greater distance therefrom; sucli tinie being reckoned "from the date, of service of a.'Written notice from the Waste Lands Board, setting forth a copy of the application for anyof the lauds' included in the pre-emptive right. Such notice may be served cither-personally on the runholder, or by leaving the same at liis lost-known place of abode within the Province, or at the principal homestead or station On the run. Go. The applicant for any rural land included in any pre-emptive right shall deposit-with .the Treasurer of the Waste Lands Board a sum equal to 4s. per acre of the purchase money, and the remainder iio, shall pay within one week from the date of his application being granted, or forfeit sucli deposit. ' Sucli'dcposit, however, shall be infmcdiately returned on demand, if the holder of the pre-emptive right shall give notice of his intention to purchase any portion of the land applied for, and pay the requisite deposit. 06..'1f the holder of the pre-emptive right decide upon purchasing any portion of the land applied for, he shall forthwith pay to' the Treasurer of the Waste Lands Board a deposit of -Is. per acre of the piuniiase money of such portion; ancl r if ha shall iiot_wil:M3 six_ weeks thereafter^haye paid" the remainder of ite parcliase money, he" shall forfeit' sucli' 'deposit,' together with all right or title, to the land. If the holder of any pre-emptive right other than those created by.clause CO of the Waste Lands Regulations shall ncid'ect or refuse to purchase any portion of the land applied for, such portion shall from and: immediately after such neglect or refusal be released from all right of pre-emption and open to" purchase on the terms of these Regulations, as if the same had not been included in any^pre-emptive right. 67. Pasturage Licenses with pi-e-emptive right.in connection with purchased lands, whether under theCanterbury Association or the Crown, shall, from and after the first day of April, one thousand eight hundred and fifty-six, be taken and deemed to" bo pasturage licenses over the lands included therein, upon the terms of these Regulations, with n preemptive right over all such land, to be exercised subect to these Regulations as regards notice of application, payment of deposit, purchase money, price of land, and size and shape of blocks. If the land covered by such pre-emptive right shall be included within tha limits of a van held by license under clauses SO and 50, the holder thereof in paying rent for the same may take credit for the amount paid by him in respect of lands covered by such pre-emp-tive right. , 68'> Holders of pasturage licenses without preemptive right shall be entitled to hold such licenses or to have them renewed upon the terms of their contract with the Canterbury Association or the Crown, as the-case may be; but if any person holding a license under the Canterbury Association or the Crown slinll voluntarily resign the same,'he shall be entitled to receive, a license under these Regulations, and shall from the date of such exchange hold his run at the rate and on the conditions specified in these Regulations. 09. If any. person exchanging his license shall for any period included in the new license have paid rent at a higher\rat.e than would bo payable under such license, such overpayment shall be adjusted at the next payment of rent. 70. In the event ot improvements having been effected by the licensee of a run on any laud which shall be reserved by the General Government or by the Provincial Government under these Regulations, the licenseee shall receive payment of the value of such improvements, such 'value tq be. decided by arbitration under direction of the Waste Lands Board, and to be paid by the Treasurer of the Waste Lauds Board out of the land fund. 71. All paj-ments on account of pasturage runs shall in future be made on or before the first day o May, in accordance with clause 51, at the Land Office, at Christehureh, and the Waste Lands Board shall sit at that place for the Treasurer to receive the same. , 72 AH payments to be made on account of pasturage runs h'efore the first day of May next ensuing shall be made for the portion of the year only which shall elapse between such day of payment and the said first day of May. 73. In calculating the amount of the license fee and the stock required to be on the run, the year commencing on the said first day of May shall be deemed to be the same year as that for which'snch part payment shall have been made. 74. Notwithstanding anything contained in these regulations, it shall be lawful for the Governor, upon the recomineiWation o1 tlie Superintendent, and Provincial Counil, at any time, and from time to time, be proclamation in the Government Gazette of the Province, to reserve for the p'urposos hereinafter mentioned any lands within the Province, adjacent to or in the neighbourhood of any town, now or which may hereafter be formed, and to declare that on and from a day to be named in such proclamation all depasturing licenses issued under these regulations, in respect of such .reserved lands, shall cease and be of no effect; on and from which day, all such licenses shall, as respects such lands, cease and be of no effect accordingly. And it shall be lawful for the Governor at any time, hereafter, by regulations to be issued in that behalf, according to the provisions of the Waste Lands ActjT upon the recommendation of the Superintendent and Provincial Council, to regulate the occupation of the Waste Lands of the Crown within such reserved districts. TIMBER. • 75. If any tract of land shall have been reserved for the sale of the timber thereon, such timber 'may be sold by public auction at an upset price and subject to conditions to be fixed by the Superintendent, and the purchaser shall agree to remove the same within a certain time; and all the timber not removed within such time may be again put up to public auction. 76. No person shall, without a license, cut or remove any timber from any Waste Lands of the Crown (except timber which he shall have purchased under the last clause); and any persons so cutting or removing timber shall be liable to pay the cost of such license for one year together with the costs of recover-, ing the amount of the same. 77. Every license for cutting or removing timber shall be issued for one'month, or for one year, at the request of the person applying for the same; and a fee of 10s. shall* be paid upon every monthly license,and of £5 upon every yearly license. 78. A license shall entitle no one but the person named therein to cut down standing timber,,but it will authorise him to employ any number of persons, during the term of the license, to saw, split, or remove the timber so cut; and such license shall not be transferable. 79. A license to cut timber shall extend only to the district named therein. 80. If any person duly licensed shall have established a saw-pit for the purpose of sawing timber, no other person shall cut timber within 50 yards of such pit without consent of the person first occupying such saw-pit; provided that if the person establishing such pit shall not use the same, and shall not cut timber within such distance as aforesaid from the pit for 28 consecutive days, it shall be lawful for any other holder of a license to enter thereupon, and to cut timber as though such pit had not been established. , 81. If any person shall, for the purpose of removing timber, have made a road upon land being the Waste •Lands of the Crown and not being a highway, it shall not be lawful for any other person to use the same without the permission qf the person making the same first obtained; provided that if such road shall not be used at any time for 90 consecutive da^s, it shall be lawful for any holder of a license at any time therealter to use the same. 82. If any person holding a timber license shall be proved before the Waste Lands Board to have offended against any regulations herein contained respecting timber, or to have wilfully or negligently inured or destroyed by fire or otherwise any timber belonging to the Crown, such license shall be, and shall be immediately declared to be forfeited, and it shall be at the discretion of the Board to refuse to issue another

Permanent link to this item
Hononga pūmau ki tēnei tūemi

https://paperspast.natlib.govt.nz/newspapers/ODT18620514.2.29

Bibliographic details
Ngā taipitopito pukapuka

Otago Daily Times, Issue 154, 14 May 1862, Page 7

Word count
Tapeke kupu
6,130

REGULATIONS Otago Daily Times, Issue 154, 14 May 1862, Page 7

REGULATIONS Otago Daily Times, Issue 154, 14 May 1862, Page 7

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