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REGULATIONS FOR THE DISPOSAL, SALE, LETTING AND OCCUPATION OF THE WASTE LANDS OF THE CROW IN THE PROVINCE OF CANTERBURY

AS AMENDED,

1. A LL Regulations now in force in the I'roX3l Tince of Canterbury for the sale, letting-, disposal, and occupation of the Waste Lands of the Crown are hereby rej;e;iied.

2. All such Waste Lands shall, from and after the day on which these Regulations shall come into force, be sold, let. disposed of, ami occupied according to these Regulations, and not otherwise. ■ 3. Every Act which the Superintendent is heroby authorised'or required to perform he shall perform solely in accordance with r.lie advice of his Executive Council for The time bc-inp-, and such advice shall be recorded on the minutes of the Council. ll.— THE WASTE I.ASBS BOAHI). 4. There shall he-established a Hoard to be called the Waste Lands board, to consist of one Chief Commissioner,- and of not less than two nor more fhnnirve other Commissioners, all of whom (except such one as shall he appointed to act as Treasurer) shall be appointed and be removable by warrant under the hand of the Superintendent. 5. One member of the Waste Lands Board shall] iilso he the Treasurer thereof, and such member shall be appointed mid removable by the Governor. (5. The Waste Lauds Hoard fha'.l sit at the principal Land Office of thu Province, at certain stated times to be determined by the Suj-'C-rintyndent, and shall' also sit for special purposes at such places and at such times as the .Superintendent shall direct j of which sittinjrs disc notice shall be given in the Provincial Government Gazvtie, and one or more newspapers published in the Province. 7. The Chief ConuuisMoner when present, ami in his absence then some member selected by those present at any meeting- of the Hoard, shall preside thereat, and shall have a casting vote in all questions coming' before the Board. 8. All questions coining before the Board shall be decided by a majority cf the Commissioners present thereat.

!>. All meetings of the1 Board shall be attended by at least three Cumn:i-.sinners, and shall ba open to the public. 10. All applications for Land and for Pasturage ami for Timber Licenses shall, after hearing evidence v.'hen necessary, be dfi.enr.ined by the Board at some sitting- thereof. 11. The Board shall have power to hear and determine all disputes between the holders of Pasturage and Timber Licenses respecting . the boundaries of runs and districts,'and shall have and exercise all the powers which in ay bf; lawfully had and exercised by any Commissioner of Crown Lands, under the provision's of iho " Crown Lauds Ordinance, Sess. X., No. 1 ;" and the "Crown Lands Extension Ordinance, Sess. XI., No. 10." 12. A!l the routine business of. the Land Department shall be transacted'by the Chief Commissioi.er, subject to such regulations'as may be made by the Board in that behalf.

•' 13. A book io-be called the "Application Book" shall In' kept open during office hows at tile Lund Of'iico, hi "wlikh tin? name oi' every person desiring' to iitiiko any application to the Board shall be written in order liy himself or any person (Inly authorised on his bthali'. And tiie Commissioner's shall, during tlie sitting ci'tJif: Board, consider u«d detcrntinc aii npi;Hrp.lioiis in i!:fi oidev in which liiey shall ajipoav iv iSie a^j'ilicfiticti '■oilj. i'lwided tisat if any ])t-i'«>ii sliul not r.jnar Inii'self or by sonss person duly aui.iiorisu on his bi.!!".'<' before the Board -when ea!!fd in his tuni, Jiis iiji]ii.';Uiovi sii(:)I be dismissed until Jiis name sliiul'iipjieiii1 afi'aiii in tiif; Uo'ik in order. Provided also thi'.t ii two or more perrons shait apply at tlu?, seme time to write thtir mimes in the "Application' Book tlie Chief Coniiiijsi'oiier. shall bracket their ames, and shall initial the brutket j rind when they all ajipcnr belore tlie lioard, the Board sbnli di.'terniine tlie priority of right to be hard by lot. And it shall not be lawful fov'ihe Board to hear any application exc<pt such as shall be made in accordance with this .regulation.

14. Ihe Board shall ltcep true and detailed minutes of all applications made to liie Board, and nil decisions thereon, and of all sums of money paid to tiie Treasurer, niid generally of :ill the proceedings of the liOKni: and such minutes shall be sigi-°.d by all the Conni.issionevs present at any meeting;. And such miuuits shaJl be open to the inspection of all persons desirif,£- to inspect the snnsc, at all reasonable hours, oii jiiiyrr.ent of'the si:m of two sliiiliiigs and sixpence for e\ei v such insDection. 111. —SURTKTS. Jo. There shall be a' Cliief .Vuj-.-eyor who shall be appointed and reinoviiHe by \Vr,iTanl under tiie hand of the Supcrmtcndfctit, and as mßiiy distant KurTeytrs as shall be necessary, v.ho shall ue appointed anii removeable l>y the (Superintendent upon the-re-ccrt mendation ot the Chief iiurvryor. 16. All surveys siisdl be conducted hi such manner as Ihe Board by ;mv regulations to be made in that behalf sbidl direct. " IV. —THE USD KEVEXUK. 17. All payments to be made in respect ofliind. shall le made to the Ireasmer of tiie Board during the r;tting thercuij and the Treasurer shiiil thereupon 1 < r i\'C receipts Icr the same. | 18.—Uy i!u;-tliiwi c-lnuse of the Constitution Act. ■ the Govi-riiov is mitlKiikcd and rtquiicd to pay out to i the revenue arising lroin the disposal of tiie Waste Lands of the Crown all the costs charges, ami ex-

penses Incident to the collection, management, anil receipt thereof; am! also to pay out of the said revenues such sums as shall become payable under certain other provisions thi-rfiu contained. Tin: Treasurer o! the Waste Lands Board shall, therefore, pay out of all the funds coining into his hands under these regulations, all such sums for the above-named purposes, in suoii manner and to such persons as Uio Governor shall direct. V. —niBTJC K.ESBBVEB. "IP. Reserves for tlie uses of the Provincial Government: and for other public purposes may, upon the eeommendntion of the Provincial Council, be made by the Superintendent;" and shall not be alienated from the specific purposes to which they shall, have been severally dedicated, except under the provisions of an Act of the General Assembly, entitulcd . the " Public Reserves Act, 1854;" and a full and complete description of''very such reserve and of the purposes to which it shall have been dedicated shall, :x< <;«ou as possible after it shall hr.ye been made, ue published in the Government Gazette of the Province, and set forth on the authenticated maps in the Land Oriie". Provided tli'.t the Superintendent may. ii the Provincial Conn".;! be not then .sit ting, temporarily reserve land for sue!; purposes until the next session of such Council. ■ 20. Reserves for pi.blic highways, bridle-paths, and foot-paths, shall be fi'.df by the Superintendent, and shall'be set forth on the authenticated maps in Iho Land Office.- T'ne Superintendent and the Provincial Council mny by Or-.Hnaiice alter the line of any such highways, bridle-path*, and foot-paths, and dispose of the hmd theretofore used for the same. 21. The. Superintendent may temporarily reserve any hind for the preservation or sale of the timber tlwrcou; but such !an'i may at any time cease to be so reserved upon a resolution of the Provincial Council. 22. The Superintendent may, upon the recommendation of the Provincial Council, by proclamation in the Government Gnsattc, reserve from the operation of these regulations any tract, ofeountry in which1 i the precious metals way be found to exist:-and the ' iaiul within such' tract .of country shall ho disposed o according; to regulations herenl'ier to be issued and published in that, behalf; in the. same manner and under the same authority as these present reaillations VI. —TOWN LANDS. 20. Tiie sites of towns shall bo determined by_ the Superintendent, upou the recommendation of tlie -Provincial Council, and sluill he notified by proclamation in the Government Gazette of the Province. 24. Tov.-n Lands slmll be sold by public auction, in. ' sections, the size and upset price of ■which shall hodetermined by the Superintendent, and the Provincial - Council : and having been so determined, for each.. town severally, shsiil not again be altered. 25. Thfi tniif mid |)l."Ci! of (--very auction sale shall be iix'id by the Superintendent, and nhiill be notified in the Government Gazvl.lv, and one or more newspapers of the Province, at least thirty days before such sale shall take piitce. . -2i). Ko such nofiiicaiion of any sale of town- lands shall be published until a map of the town, signed by the Chief Surveyor, si,.-ill '.we been laid open for public inspection in the Laud Oifiee ; and such map shall set forth, accurately delineated., all the town sections numbered consecutively, so tar as laid out, showinir the sections to be submitted for sale, and the public reserves in wnnrcnon with them. 27. Town sections may be put up to auction, cither by order of the .Superintendent, or upon the application ot some usisoji who s'lall, at the time of making suah application, deposit ten per cent, of the upset price with the Treasurer of the Waste Lands Board. i>uch deposits shail, if no advance on the upset, price oe mii'Jej be considered as the deposit upon the sale nt such public auction. . - ' 28. Jfany section shall be purchased by other than the original applicant, the deposit money shall be forthwith returned on demand. 29. Ten days lit !e;>st before any such auction sale, a list, of all the section."! about to be offered ior sale | shall be published in the Government Gazette, and oue or more ncivspaj iws of the Province. :JO. livery auction sale of land- shall be held by the Commissioners in c]v;u court as hereinbefore provided. ■ HI. The person who shall be declared the highest hider at such anetinn shall immediately pay a deposit of ten per cent, ot the purchase money to the Treasurer, and in default thereof, the section shall be again immediately put up to auction, paid to the.Treasurer in full, within one week aft.tr ?••}. The twrmimU'r of thr purchase money «hiil lip ths dny of sale ; and, in default thereof, the pur chase shail forfeit, hU deposit money, and also al right or title to the land; and the section maybe sold to a'iy .person applying for the same for the price at which it whs knocked down at tlie auction ; and, ii' not so sold, the s-oction, may bo again put. up to auction at any futile sale. 00. Upon payment, of the purchase moncy..in4"H»~ the purchaser shall receive from the Commissioners a " License to Occupy,'' in the form set forth in Schedule A to the 'Waste Lands Regulation's,, and such License shall be restored to the Commissioners, upon receipt of a Crown Grant of the land purchased. ■TiI.— RUItAI. USJ). 34. All land» not included in any of the foregoing regulations shall be open for sale as rural land, at anuniform urice of forty shillings per acre. So. Save as here'iupfieil provided, no section of Hura! Land shall be sold, containing less than twenty acres; hut any section su limited by frontage lines or private lauds iis to contain less than twenty acres may be sold by auction at the upset price of forty shillings per acre : the time and place-cf sale, and tlie mode of sale, and'payment of piti-fllmse■money to be as nearly as may be in accordance with the regulations herein contained applicable to the sale of Town Land; Provided, nevertheless, that if any section so limited shs.ll be included in a Pasturage- License with Preemptive Itig'lit, the ii'jifier of such License shall be entitled to exercise s-uoh Pre-emptive Right under these Regulations isi>r'!i i.ayment of the sum of forty pounds ■■yr such sec-i-.vii. . . 30. E.'cry section of rural land shall be in one block, and, except aa hereinafter provided, of a rect-'i angular form, and if bounded by a frontage line ,;shall' be of a dej)th of half a mile (or "40 chains) from such frontage. Is'o'i'K —A frontage line shall be taken to mean the boundary of a road, river ; or public reserve, or imy stream o"r watercourse winch shall have been declared by notification in tlie 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 fin-m cannot be accurately observed, lha form oi" the section shall be determined | as nearly in accordfitice with these rules as, in the judgment of the Uoa.i t, circumstances will admit. 38. in sections of i an.-; not adjacent to or bounded by a frontage line, aii i-he sides may be equal, bulone side may not bo kts tluai one-third of the other; anil such.section sliall uot be less than half a mile distant from a frontage line. Si). Any person pe-EEL-ssing:'a section of lend may at any time' select another adjacent thereto, of such form thai, the two together, being- considered as one section, shall be in tiio form required -for a single section UDiici' the foregoing rules.

40. immediately on the payment oi' the purchase money, the iiurehaser shall receive from the Commissioners a " License to Occupy." in the ibi-m set forth iv the Schedule B hereunto" annexed; and as»soou thereafter as conveniently may be, the laud shall be hud oil by a GovevriiiieiiT.1 Surveyor, as nearly in accordance* with the description given by the purchaser in his application.as these regulations will admit; provided that whenever tiie'lan'ds selected lie without the surveyed district*, the expense of the survey and iOl connecting such siv.vev wfth the existing- surveys si mil be borne by tlie p>i; chaser, who shall at the time of pim-luif-c deposit fh-,; umount oi' the estimated cost of such surveys with the Treasurer of the Waste Land* Board, which shall be made as soon as pi-aftic-nble. by order of th^.- Chief Surveyor. Provided a'v,-iiy3,.lhat should any section .when surveyed .prove to dfiier in any respect from that intended by the -purchaser, the Govei-umcnt will not be responsible for any loss or inconvenience which the purchaser may experience, 7ior will the'purchase money be returned. 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 pureb.'isw, the Tress:.! rer shall repay so much of the purchase money as exceeds the pi-ice of the land to be conveyed. The lC License to Occupy" shall, in any such ca-c, be ameudtd by the Commissioners, in hccordance with the report of the Surveyor, ami 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 siiieil. 41. Any person making- a ditch and bank fencfi on lands adjoining Waste Lands of the Crown may take out of such lands half the-laud required for the ditch and bank : provided that no ditch' or bank shall be more then six feet in width. Vlll. —COHi'ESSATIOK LANDS.. 42. Whereas it is desirable that private persons should be enabled to receive portions of Waste Lanii in exchange for private lands taken for roads or Jor other public purposr-s : if any person shall be entitled to receive any couip < sation in respect of any land which shall have bt*u taken for the purposes oi a road or of any other public work, or in respect of any cirannires done to his nvoperty by the taking oi such laud ior such purposes,*such person sludi. uuoa cpjilieution to the' Waste Lands Board, be entitled to a gram of rural laud in such situation as he shall select, subject to the ccnditic'i-? as to fbi-m and irontßge in tliirse regulations contained, to tliu extent of one acre for every two puunds sterling of tlie amount of compciihalio'n which the applicant shall be entitled to receive in respect of the land taken for such purposes or in respect ef such damage b aforesaid. V

43. If any person shall contract with the Superintendent to make and complete, within a given time, any public road, bridge, or drain, or any part of any such road, bridge, or'drain, fiimishiusr such security as the Superintendent may require for the due completion ot'such contract, iind shall select, such portion of rural land as he shall bo willing to accept by way oi payment or compensation, or by way of part payment or compensation, for such work; it shall be lawful for the Superintendent to reserve such portion o land from public sale for such given time but no Idnger; and such person shall, on" the completion of such contract", be entitled to a'free grant of such land, or so much thereof as the Board shall adjudge, not exceeding one acre for every two pounds stei-hntr which the Superintendent shall certify to the Waste Lauds Board to bo the bond fide value'of the work so done by such person according to the prices for work and materials nt the time of performing such contract current in the district.

Every such reservation of land from public sale shall be published in the Government Gazette of the Province, as directed in clause 19 of these Regulations. ■ . , . ' -

Ko such reservation shall continue in force for a longer period than twelve calendar montlis from the date on which it shall have been made.

No land included in a Pasturage License with Preem;>tive Hight shall, as against" the holder of such Pre-emptive Right, be so reserved or granted until lie shall have been allowed the option of purchasing such land in the manner prescribed in clauses 64 and 00 to these Regulations. No greater amount of land than 250 acres shall under the provisions of this clause be reserved or granted to any person under any such" contract, unless in payment of - work for which a vote has been passed by the Provincial Council. No greater amount of laud 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 bo subjected to the same conditions as to form and frontage as any nn-a! lann so under these Regulations ; provided .also tha. i no application for less than 20 acres shall bo received under this clause, but that where any amount of compensation awarded by the Board shail be of less extent than 20 acres of land, tlie person entitled may pay the balance in cash upon tlio same terms as other applicants for the purchase of rural lands under these Regulations. IX. — NAVAL ANJ) MII.ITAKV 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 v?buuds or loss of health incurred in the present war with Hurcia, and also for tlie maintenaucc of the widows of those who may be killed in such wivr:— Any such person or widow sl'all, upon application to tha Waste Lands Board,' and upon the production of satisfactory evidence from tha proper authorities as to such discharge ov death, be entitled to receive a free grant not exceeding 80 acres of the Waste Lands within this Province, subject to the conditions as to form and fronlagf 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 discharge or death. ' . X. —PASTURAGE. 45. Until sold, grunted, 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 tlie same. 4u. Any person applying for a pasturage license shall state to the Comuiissio'ucrii what are tlie boundaries and extent of the run applied for, and the number and description of the stock which he possesses, or will undertake to place upon the run within twelve months from the date of the license. 47. The extent of run allowed to cacli applicant shail be at the rate of 120 acres to every head of grant cattle, and 20 acres to every head of small cattle. The words " great cattle" shall be construed to mean honied cat-tin, horses, mules, and asses, male and female, with their oii'spring above six months of age; and the words "small cattle" shall be construed to mean sheep, male and female, with their weaned offspring. 48. Every pasturage run.shall bo in one block, and, as far as circumstances will admit, of a rectangular form : the frontage, under ordinary circumstances, shall not be greater than onc-hnlf the depth. 49. The fee to be paid far the license shall be at the ollowiug rates : —For every run containing^ less than ICOO acres, twenty shillings for every hundx-ed acres; for every riyi containing 1000 acres, and not less than 5000 p.ei as, two-pence per acre for the first thousand and one penny per acre for every acre in addition. Kov wf*rv i*im pfmtainiTCßr . r>f-ftO r.^re.- "T 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 aure for the fifth and every sultsequent year ; provided that the fii'st. year shall be taken to be the time elapsing from the date of the original license to the fust day of May next following. 50. No pasturage license shall be granted^for a less annual fee than ;£"2 10s.

51. The fee shall be paid to tlio Treasurer of the Waste Land Board every year,' in advance; for the first year on the issue of the license, and. for the second and every subsequent year on any sitting day of the Board, between the 50th day of April and tlie first day of May, inclusive'; and every pasturage license not renewed by payment of the required fee, on or before the first day of Ma.y, shall, unless good'cause to the contrary be shown to the satisfaction of the Waste Lands Board, be considered as abandoned. 53. Every pasturage license shall be in the form set forth in the Sched«le"C to the W;wte Lands Regulations, and shall be transferable by endorsement in the form set forth in such Schedule, and such transfer shall be deemed to be complete upon notice thereof being duly given to the Waste Lands Board, and not before. A pasturage license shall entitle the holder thereof to the exclusive right of pasturage over the land specified therein upon the terios above stated. Such license shall bo renewed 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 rtserved under these regulations. A reasonable right of y/ay shall be allowed through all pastuvuge runs. 53. If at any time during the first four yeais 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 ma.v declare the whole or a portion of such run to be forfeited; provided always that with reeard to runs granted prior to the issue of these Regulations such first period of four •years shall commence from the date on wliicli these 'Regulations shall come into operation : provided, that" one or more rims held by the same individual or firm may ior the purposes of this clause be considered as one run. '

54. In any case n which a runholder can. prove to the satisfaction of the Waste Lands Board that ho is precluded by arrangements entered into previous to the passing' of these regulations &om actually, for a given period, placing his stock on his own run, it shall be sufficient if he prove to the satisfaction of the Board that he possesses within the Province the requisite amount of stock, and will undertake to place the same n the run at the. expiration of such peoiod. 55. Every holder of a license shall, fit any time, upon a written order from the Waste Lands Board to that eiicct, make a true and complete return of all the stock on his run; and if he shall'wilfully and knowingly make any iajse return, the Waste Lands Board shall immediately declare his license to be forfeited.

ois. Every run or portion thereof which shall have been forfeited, as above provided, shall be put up by the Waste -Lands I-ionrd 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 60 days from the date of such forfeiture, it shall be lawful for the Superintendent to reserve or suspend such forfeiture either wholly or in part. 57. Every, person taking out a lirense for a run which is not flocked 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 scon 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. 58. The above rules in respect to stocking a run, and to the lodgment, of tlie money with the Treasurer, shall not anply to runs containing less than 5000 acres. 59. Eveiv 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 notexeeeding2os. for every thousand 6oV Every holder of a pasturage license shall, upon application to the Waste Lands Board, bo entitled to a pre-emptive right over portions of his run, as iol- ] ows .—l-'or a run of n«t less han 1,000 acres and not more than 5,000 acres, over a block of land comprising and circumjacent to his homestead to tlie 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 stniion. And for all runs, over all lands occupied by any buildings, enclosures, plantations, cultivations, or any suclfothur improvements as shall in the judgment of the M astc Lands Board be deemed sufficient for. the purposes of this clause, together with fifty acres comprising andcircumiacent to the lands so occupied or improved.

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

02. The lands included in such pre-emptive righ may be of such form as the applicant shall choose ; but any land purchased by him in the exercise of such right shall be subject to tlie regulations as to form and frontage herein contained.

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

6*. The right of pre-emption hereby given shall by exercised within one week for all lauds within twente miles of the Land Office, at Christehurch; any within, one month for all lands at a greater distance therefrom ; such time being reckoned from the date of service of a written notice from the Waste Lanis Board, setting forth a copy of the application for any of the lauds included in the pre-emptive right. Such notice may be served either personally on the rnnhoMer, or by leaving the same at his last-known place of abode within the Province, or at the principal homestead, or station on the run.

05. Tlie 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 tiie purchase money, and the,.remainder he. shall pay within one week from the date of his application being granted, or forfeit such deposit. Such deposit, however, shall bo immediately returned on demand, if the bolder of the pve-einptive right- shall give notice of his intention to purchase any portion of the land applied for, and pay the requisite deposit.

OS. If 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 4s. per acre of the picnhose money oi such portion; and, if he shall not v;-t**TJ\ 3ix weeks thereafter have paid the remainder of lL*i parchase money, he shall forfeit such deposit, together with all right ov title to the land.

If the holder of any pre-emptive right other than those created by clause CO of the Waste Lands Regulations shall neglect or refuse to purchase any portion of the land applied for, such portion shall from and immediately after such neglect or refusal bo 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.

G7. Pajjtura.se Licenses with prc-emutive ritrht in connection with purchased lauds, whether under the Canterbury Association or the1 Crown, shrill, from and after the first day of April, one thousand eight hundred and fifty-six, be taken and deemed to be pasturage licenses over the lands included therein, upon tiie terms of these-Regulations, with a.preemptive right over all such land, to ba exercised sub-' ccf: to these Regulations as regards notice of application, payment of deposit, purchase money, price ot land, and size and sliape of blocks. If the land covered by such pre-emptive right shall he included within the limits of a run held by license under clauses 50 and 53, the holder thereof in payingrent 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 tiie case may be; but if any person holding a license under the Canterbury Association or the Crown shall voluntarily resign the same, he shall bo entitled to receive a license under these Regulations, and shall from the date of such exchange hold liis 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 Jiijjlier- rate than would be 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 to be decided by arbitration under direction of the Waste Lands Board, and to be paid by the Treasurer of the Waste Lands Board out of the laud fund.

71. All payments" on account of pasturage runs shall in future be made on or before the first day o May, in accordance with clause 51, at the Land Oince, at Christehurch, and the Waste Lauds Board shall sit at that place for the Treasurer to receive the same.

72 All payments to be made on account of pasturage runs b'ufure the first day of May next ensuing sliall be made for the portion of the year only which shall elapse between sucli 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 wliich such part payment shall have been made.

74. Notwithstanding anything contained in these regulations, it shall be lawful for the Governor, upon the recommendation o) the .Superintendent nnn Provincial CoimUj at any time, and from time to time, be proclamation in the Government Gazette of the Province, to reserve for the purposes hereinafter mentioned any lands within the Province, adjacent to or in the neighbourhood of any town, now or v» inch may hereafter be formed, and to declare that on and from a day to be named in such proclamation nil depasturing licenses issued under these regulations, in respect of such reserved lands, shall cease and be of no eiicct ; on and from which day, all such licenses shall, as respects such land.s, cease and be of no effect accordingly. And.it shall be lawful for the Governor at any time, hereafter, by regulations to be issued in that behalf, according to the provisions of the Waste Lands Act, upon the recommendation of 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 nu 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 bo liable to pay the cost of such license for one year together with the costs of recovering 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 £o 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 of 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 ofiended 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 bo, and shall be immediately declared to be forfeited, and it shall be at the discretion of tlie Board to refuse to issue another timber license to the same person.

Permanent link to this item

https://paperspast.natlib.govt.nz/newspapers/ODT18620609.2.20

Bibliographic details

Otago Daily Times, Issue 176, 9 June 1862, Page 7

Word Count
6,166

REGULATIONS FOR THE DISPOSAL, SALE, LETTING AND OCCUPATION OF THE WASTE LANDS OF THE CROW IN THE PROVINCE OF CANTERBURY Otago Daily Times, Issue 176, 9 June 1862, Page 7

REGULATIONS FOR THE DISPOSAL, SALE, LETTING AND OCCUPATION OF THE WASTE LANDS OF THE CROW IN THE PROVINCE OF CANTERBURY Otago Daily Times, Issue 176, 9 June 1862, Page 7

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