REGULATIONS

Otago Daily Times, Issue 126, 11 April 1862, Page 7

REGULATIONS

FOR THiB DISPOSAL, SALE, LETTING AND OCCUPATION op th;e WASTE LANDS OF THE CROWy IX.TUB PROVINCE OE CANTERBURY: AS AMENDKD. '~.,. I. A LL Regulations now in force in the ProX3l vince of Canterbury for the sale, letting, disposal, and occupation of the Waste Lands ol the Crown are hereby repealed. ; 2. All such Waste Lands shall, from and after the day on which these Regulations.shall cpmejnto force. be sold,.let,, disposed of,, and occupied according to these IlegulaHpns,andln6totherß'is(3.i: )i j ' 3. Eve,ry Act'which the Superintendent; is" hereby authorised or,'requiredl-to perform he shall perform -.oielv in accordance'with the advice of his Executive Council for-the time being, and such, advice..shall be recorded on "the minutes of.the Council, -j

II. —THE .WASTE ,1-ANBS BOABIK^j .4. .There shall be established a .Board to -jici called the Waste Lands Board, to. consist of" one: Cjiief Commissioner,; and. of-not.less than two nor more than five other CpmniissiohorSj"ail of whom (except such-ene as shaHbe appointed to act as Treasurer] sliall.be apppinted and be removable by warrant under the hand of the' Superintendent.' "' '.. "" ■ '-•' ; ..5. One, member of the Waste Lauds Board;,,shall also be tlic Treasurer thereof, and. such/-member shall be appointed and removable by the Governor, j. 6.. The Waste, Lands Board shall isit at the principal Land'Officeof the Province,'at certain stated:.times to be determined by' the Supcrintendciit, nnd" shall also sit for special purposes at such places and at such times as the Superintendent shall-direct jiofj whijjii sittings due;notice :shall ; be given in the/Piwhicial Government Gazette) and one or .more newspapers published in the Province. .- ..,-, .-, .-~ ..,;.; <.wut;x :7. The Chief Commissioner,; ; when present,;and in his absence then some member selected by those present at any.meeting of the Board, shall preside thereat, and shall have a casting vote in all questions cociinp before the Board. : , 8.,. Allquestions 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 tlu-ee Commissioners, and shall be open to the public.: ;! '■■. ' •■' ';. . ' ;'■-,".'i-. 10.. All applications for : Land: and for Pasturage and forTimber^ Licenses shall, after .hearing: evidence vyhen necessary, be determined by tlie.Boara at some -itthig tlicrcof. : .■■■.-.■■•■; " .. "i ; • 11. The Board shalt hare power, to .hear, and der tenuiuc all disputes between the holders, of; Pasturage and Timber Licenses respecting the;.boundaries of runs and districts, and shall have and exercise all thepowere which may be lawfully had and • exercised by any Commissioner of .Crown Lands, underthe provisions.of the " Crown Lands. Ordinance.j.Sess. X., No. 1 :"■ and the " Ci'own Lands Extension; Ordinance. Sess.Xl.,-No. 10." : • ■ .; ■•■!* '^ ■ 12.: All the routine business of the-Land Department shall be transacted by the .■Chief. Commissioner, subjectto such.regulations as may be made ;by the Board in that behalf. : ..'. ~v. ■>.■.■;

• 13. /A book. to; be called the " Application Book " shall bo kept open during office hours at the Land Office, in which the name of .every person, .desiring to make any application to the Board shall be written in order by iiimsclf or anyjierspn duly authorised on jiis behalf. And the Commissioners shall, during the sitting.of,the Boar<(,consider.and,-determine all applications in the order in which they shall apj/ear in ithe application book/ Provided that if,-any .personalia!! not appear himself or by some person, duljvauthbrisud oh'his beha'f before the Board when '.called; in his turn, his npp j.'ation shall be dismissed iintil'his name shall appear again hvthe_: Book in order. Provided also that if two or., more .persons, shall: apply-at tte same time to write their names in the Application Book the Chief ' Cpmmis»'oner shall their ames, and shall initial the bracket; and when they all appear before tho Board,'.1 flies. Board shall; determine the .priority ;of right,to be haixUljy.lot^ And-it shall not be lawful for the Board, to hear anj* applies--tion exceptsuch as shall be made in accordance with this regulation.';'. ;;.''; i -14. iThe Boai'd shall keep true and detailed minutci !of all applications made to the Board,-and all decisions thereon, and of all sums of money paid :to 'the Treasurer, and generally ;of all the proceedings of tluBoard; andsuch minutes shall:bei.sigi. ™.& by all the Commissionerspresent at any meeting.,-And such iuinutes shall be open to the inspection of all persons desiring to inspect the same, at all reasonable' hours,' on payment dt the sum of two shillings and sixpencefbrevery such inspection. < ■-,- >;: :; ; ' 'Hi:—STJRTETS. : .;...'? 15.; There shall be a Cliief Surveyor who shall' be appointed and removable by Warrant under the hand of'the Superintendent,' and as many' 4 distant Surveyors as shall be necessary, who ehalr tie' appointed and removeable by. the1.. Superintendent upoii= the recommendation of the Cliiet-Surveyor. ~ 16. All surveys"shall be conducted'in"such manner as the Board by nny regulations to be made in that behalf shall direct." ; ~': . • IV.—IHE USD KEYJSNTJE. .* - 17. All payments to be made in respect oflandshal] be made to the Treasui-er of the Board during, thi sitting thereof, and the '.Treasurer shidl thereupon" (jive receipts for the same.--'.-i •■• ■•'- : -.<■, >■■ "'■ 18.—By the 62nd clause of the Constitution Act thel Governor is authorised and required, to.pay out o Iherevenue arising fiom the disposal-of:the. Waste Lands of the Crown all the costs, charges, and expenses incident to the collection, management,, and receipt thereof; and also to pay out of the said revenues -neb sums as shall become payable under certain other provisions therein contained. The Treasurer of the V\ aste 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 -iich manner and to such persons as the Governoi -<hall diicct. T.—PUBLIC JIESBRVBB. 19. Reserves for the uses of the Provincial Government and for other public purposes may, upon the

of the" Provincial ,Cp|incilrTre^ made, by the "Superintendent;;-and: shall not be aHeiiated 'i-om the specific imposes to which -they- shaH-lmve been seve'rallydedicated, except, under the.provisions irf.an^Act of'the General Assemblyj feutituled tho ''Public. Reserves Act, 3854;"and,a.full and complete description' of.every such reserve and of tho purposes to whicli it shall have.been dedicated shall.{ ss 6-i.oa ns.possiljle after it shall.have breu *nade, .be! pu b'fish'cd iii the Gdvcrnnvent Ortsetie of the Erovince,and set forth on the authenticated maps^ in the Land Office. Provided'4lidt; the Superintendent may, if the Provincial Councilbenottlichsitting, temporarily reserve land for such purposes until the "next" session of such Council. 1' - r ' .",' '■ •■:'-;

20. Reserves for public highways, bridle-paths, and foot-paths, shall be made by tfce Superintendent, ahd shall bo set forth on the stithenticated.inaps 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 same. J ;

21. The Superintendent may temporarily rdserye liny land for tjie preservation:'or sale, of the timber Ithereoh; but such land in'ny"at-hny- timci cease( to Be so;,reserved upon a resolution of the- Provincial Council. '-~ . . .':': '-fiv- :.'.:,,'

r:^.22:-The -Superintendent may, upon the rcconir twendation of tiie~Provincial Council, by proclamation irithe "Government Gazette, reserve froni theSoperation of these regulations any. tract of country in whicli the precious metals may be found to exist: and the land within such tract of country shall.lie disposed of according to if guTitiou<; "hci'oailci to' be i^ucd :and published m tint bth ilf, m the same manner and liiidu the sTsne authonty .is these present regulations : VI. —TOWN'LANDS. [..■ 20. The sites of towns shall be determined by the Superintendent, upon tin lccommtndition of the Provinci d Council, md«]nil he notified b> proclamation, in the Government Gazette of 'the Province. • 24;;To'wn 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 determuled, for each tyiwn severally, shall not again be altered. ••■■■'< ■' :"' '-25: The time and place of every auction' sale shall be fixed by the Superintendent, and shall be notified in the Government;Grrtz/?tte' and one or more news-papers'of-the Province, at least tlilrty'days befpr" such sale shall take place.- • ;! -> '''"/ ''. ■ 26; NO such notification of any sale of town lands shall be published until a map of the town, signed by the Chief Survcyoi','shall have been laid open for public'inspection in the Land Office ; and such' map shajl set forth, accurately' delineated, all the; town sections numbered consecutively, so far as laid out, showing thesections to be subniitted.fb'r sale, and the public reserves in connection with them. i ; 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 snch> application,-deposit ten r per cent.-, of the 'upset price with the Treasurer of the Waste Lands Board. SttChdepbsits shall, if no advance on. the upset; price oe marie, be considered as the deposit iupon the sale at such public auction. •.!.■;•'1 ' 28. If any section shall be purchased by other than the original; applicant, the deposit money sliall>'be forthwith returned oh demand. .;■....; -: '.'■.:■'.

29. Ten days at least befoi-e anysuch auction sale, a list of all the^sectibns about to be offered for sale shall lie published.;in the Government' Gazette, and one or more newspapers of the Province. :; !:;; 2 3Oi?Ey.ety auction sale of land shall be held by the Commissionei's ill open court as hereinbefore provided. -:.']■*:;■*.: \r-: ■'. .:■■ ,-■ -.- sr.-> i' ..

31. The pereon who shall be • declared the highest hider at such auction shall immediately pay a deposit often per cent, of the purchase money to the: Treasuroiyand in "default thereof).the section shall be again immediately put up to auction, paid/to .the Treasurer.in fiill, within one week after

32. .The remainder, of t,he.i)ur<*.lia.ce money shal ]lw the : day of sale';: ;.and, in, default thereof,^ the pur chaSe: sliall: forfeit his deposit moiieyj' and' also al right or title1 "tb'the'la'nd; and the"; sectionl-may be sold to any person applying for the same for the price at which it was knocked down at the auction 5 and, if not so sold, the section may be again putlup to auction at any future sale.1 .' : " ;;-. r - : ..

33. Upon payment of thei purchase, money in .full, the purchaser shall Teceiye from' the Commissioners a "License.to Occupy," in;;the 'form' set forth in Schedule A i; to the \Vaste lands Regulation;*,., and such License shall be restored td the' Commissioners upon receipt of a Crown Grant of thelalid jmrchtised, Til.—RUllAt LAND.',"; , ;'■•' ■'•■■••■ 34. All lands not included ih: anyof the foregoing regulations shall be open for sale asTural land,' at an uniform price of forty shillings' per'-acre; ; 35. Save as hereinafter,.proyiued,' no section of Rural Land shall "be sold, containing less than twenty acresf but aiiy section so limited by fi'ontage lines^or private-lands as'to. contain less than-twerityjacres may he sbld py auction at" the upset price'of forty shillings the time and place of sale, and the mode of siue;;arid payment of'purchase money to be as nearly as may be in .accordance with the'regulations herein containedI:applicable to the sale of-Tqvvn Land. Provided, nevertheless, that if any section so limited slfall be: included iri a Pasturage License with Preemptive, Itight, 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. : r 313. Every section of rural land shall bp in one block;'arid, except as hereinafter provided, of, a-reet^ angular form, and'if bounded by a frontage line ,shall be of a depth of half a mile (or; 4O'chauis) from such frontage. ■ , . . '" "■ '■■ . ; '~ ]>foTE.—A, frontage line shall be taken to nieariithe boundary of a road, riyer, or. public] reserve, or any, stream or watercourse which shall have been declared by notification in the Government Gazette to Icqnsti?. tute.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 ojF private lands, the above rules in respect of form cannot be accurately observed," the form of the section shall be determined asi nearly in' accordance with these rules asjin the judgmejit of the Board, circumstances will admit. ,-V. , _3Sf "lii sections of lands not adjacent to or bounded by jv frontage line, all the sides may be equal, but one side may not be less than one-third of the other. - ; ■ and such section shall not be less than Jialf, a mile distant from a frontage, line.,,, ".,'.',', ,-.,-, ' ■'i ', ;.'&&. Any person possessing a section of land may:at any"time select another .adjacent of such form,that the .two together, being considered^ one section, shall be in the form required for a single section under the fpregoina: rules. _ . '_

40. Immediately on the payment of the purchase money, the puvchiiser shall receive from the Commissioners a " License to Occupy," hi the form set forth in the Schedule B hereunto annexed; and as, soon thereafter as conveniently may,be, the land shallbe laid off by a Government. Surveyor, as nearly in acicordaucejwiththe description given by the purchaser iin his application as these regulations ■will admit; I provided that -whenever the lands selected lie without the'surveyed- districts, the expense of.the survey and of connecting such,.survey with the existing surveys shall be borne by the purchaser, who shall at the time of purchase deposit the,amounfrof the estimated cost; of'suck surveys-with-the Treasurer of the jWastej Lands Board, which shall be made as soon as practicable/- by order of the Chief Surveyor,..>: Provided always,^that should any section whenrsurveyed prove to difier in any respect irom'that intended by the purchaser,'the Government' will not" be responsible tor any.loss;or- inconvenience which the purchaser ,may experience, nor will the purchase money berexurned., ! Provided also, that, if the Surveyor shall find that:the:.whole extent Of land hi;the selected locality, falls/short of the quantity, paid for .by"'the purchaser, the Treasurer shall repay so much of the purchase money as exceeils the price of the land to be conveyed. -The "License to Occupy." shall, in any «uch cose, ..be amended by the Commissioners, in ac-r eordance with the report of the Surveyor, and the Crown Grant shall be made oiit in accordance therewith.; arid the " License" shall ; .be; returned to the' Commissioners when the Crown; Grant shall be ssued./ t -.- .<_■■•■. . ...^ .■ ' ■'■: >i 4. Any person making a ditch arid bank fence on lands adjoining Waste Lands of the, Crown may take out'of suck lands half the land required for the ditch and bank: provided that no ditch or bank shall be more .than six feet in width. ! Till. —COMPENSATION LANDS. .-._ ; '''■'■ 42. .Whereas it is desirable that' private persons should be enabled to receive portions of .WasteLand in exchange for private lands taken for,roads or for other public purposes; if any person"'shall be entitled to receive any roinpensatiou m respect' of any land which, shall have been taken for the .purposes of a road orof any other public work,1 or in.respect of any damages done to his property bythe taking of such laiid tor such purposes, such person shall, unon application to the AVaste Lands Board; be'entitled to a grant of,rural land in such situation as he shall select, subject to the conditions as to form and frontage.m 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 suchpurpose? or in respect of such damage as aforesaid. ■ -: .43. If any person shall contract with the Superintendent to make and complete, within a given time, any-pubiic.road. bridge,! or drain, or any. part ot any sucb road, bridge, or drain, furnishing such security "as the Superintendent may require for the due completion of such contract, and shall select such portion of rural land as he shall be willing to accept by way of payment or compenaationj or by way of part P«y-

\ ineht"or~compehsatibn"for"such'w6rk; it shall be law--1 ful for the-Super in ten d-e:iit to reserve such portion of i land -from public 'sale for such given time but nf s longer;'land such person shall, on the; completion of ■ such cojitrnet. be entitled to a free arant of such land. ■or somuch ihcTeof as the Board shall adjudge, noj 'exceeding oue_a<r; tor every two pounds sterling ,|wliieh the Superintcndi.'iit shall ccriity to the Waste '|Lands Boardto be the boi'/t Ji<lti_ value of the work sr 'lone by-stich person according to (lie prices for work niitl.materia!s at the time of performing such contract current in;the district.. ~ ~;'■.<■;■■.<, -j■ ■'.-■ ~ :;.Eyei'y such reservation of land ;from public sale shall be published iii the Govenuncut .Gazette of tht Pi-ovi.nce, as directed, in clause 19 of these Regulation?. ' ■'' . , :, .--....-; ! ■■'•'• ' ':' ' No such reservation shall continue in forcejfor a longer period than twelve calendar nionths from the date on whicli it shall have been made.- ■. . : .-,.. • ! jVo land included in a l'iisturage License \yithi Preemptive Right shall, as against the holder of such P,i'e-eni])tive. Right,, be., so reseiTed 'ov granted;until lie shall have been allowed the. option ; of. purchasing such land in the manner prescribed in "clauses' 64 and G6 to these Regulations. ..,'."■' :~ .•'.'- .'-,.!' . ,'." No greater, aiuouiit.of land than, 250 V acres shall under the provisions, of this clause ,be/reserved oi "ranted foany 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 land than 1000 acres in the aggregate, shall, in any one year.,." be reserved-1 or granted under the provisions of-this clause, without the;special sanction of the Provincial Council.; ;

'i: Provided always that every parcel of land so granted sliall be subjected ,to the same londitions as to form and frontage as any rural lana so i under these Regulations; provided also that aio application for less . than 20-acres-shall be received.under this, clause!, but ' that where any amount,of compensation awarded by ■ the Boiu-d shalj.be of, less extent than 20 acres ofland, ' the person entitled.may pay the balance in caslrupoii the same terms as other,- applicants for the purchase of,fural lands under these Regulations. ". '• : ; ■ -IX. —NAVAL AND MILITARY BOUNTIES. I -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 niay be ! killed; in such war:— ' ' .',-'■'.' , Any such person or widow shall, upon application , toi;the Waste Lands Board, and upon the production of satisfactory evidence from the proper authorities as to such discharge or.death, be entitled to receive n I free grant not exceeding 30 acres of the Waste Lands within this Province;; 6uli}ect to the conditions as to .form and frontage contained in.these -Regulations; provided always: that such application shall be made to the. Waste Lands BoiU'd by such person or widow in poison within three years after such, discharge or death. - ■:■-,. . ■ . . . -, ! .":' . 'i ', X. —PASTURAGE. \ 45. Until sold, granted, or reserved for public purposes, as herein provided,-"the Waste Lands maybe occupied for pasturage purposes by persons holding licensesfrom the Waste Lands Board, to-occupy the same.-; "■■ -~'•- i • ■-■ .'". , .■■■.-. :'■'■.■•■•■/■';'■

46. Any person applying for; a pasturage license shall state to the. Commissioners what are the bdun r daries and extent: of the run applied for, arid the number and description of the stock which ;he possesses, or will undertake to place upon the riiii within twelve months ft'om the date of the license.- ■ ■: "" ' ,

47. The extent of run allowed to each applicant shall be at the rate of 120 acres to.every.liead.of great cattle, and 20 acres to every head of small eattleT The words " great cattle " shall be' construed to mean horned cattle, horses, mules, and asses, mate and female, with their offspring 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 be in oneiblock', and, as far as circumstances will admit, of a rectangular form: .the > frontage, under brdinaryicircumstances, shall not be greater than one-half the depth, j'"' '

49. The fee to be paid for the license shall foe at the . ollowing' rates: —:For every run containing less than 1000 acres, twenty shillings for every hundred acres ;'| tor every run containing 1000 acres, and iiotiless than 5000 aciss, two-pence per acre for the, first thousand and one penny per a<ntt for every acre in addition. , ..Foir ayprv-run -confnininsri . r>floo tms.- : or upwards onefarthing per acre! for the fiist. and second years, onehaif-penny.per. acre for thethird and fourth yeiirs, 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, i ■-■• 50. Mb pasturage license shall; be granted for; a less annual /lee than £2 10s;;; ■' •'': .>' ', ; , 51. Theifee shall be paid to.the Treasurer of'the Waste Landißoard.every'year, in advance; for the first year on the issue of the license, arid for the second and every subsequent year on any sitting- day of. the! Board, between the,,2o"th day. of April and the first day of May, inclusive; and every pasturage;license not renewed by 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, be considered as abandoned. . . . 52.-Kvery 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 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 terms above stated. Such license shall'be renewed by endoi-sement "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 slialL give ho 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 tlirpugh all pasturage runs.: .. '■'...; ...'...-.. ; .' 53. .11 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 of1 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. lii any case in which a runholder can' prove-to the satisfaction'of the Waste Lands Board that he is precluded by arrangements entered into previous to the passing of these regulations from actually, for a given period,.placing liis stock on his own rim, 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 sanie u,the run. at the expiration of such peoiod. : :f55. Every holder of a license shall, at any time, upon a 1 order fi;om 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 forfefted, 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 license for a run which is'riot 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 . ;. 58. The above ru <'■ respect to stocking a run, and to the lodgment of tit money with the Treasurer, shall not apply to ru i '.containing less than 5000 acres. 50' Every holder of a license niay 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 '^Cof "' Every 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 rim of not less han 1.000 acres and.not more than 5,000 acres, over a block of land comprising and circumjacent to his to the extent of 5 per cent of the acreage of thcrrun. Fora run of 5000 acres and upwards, over 250 acres of land comprising- and circumjacent to Ms 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 m thejudgment of the Waste Lands Board be deemed sufficient for'the purposes of this clause, together with fifty acres comprising and circumjacent to the lands so ocCU6l CtlThe lLi!cer^e'shaH at the time of his application to the Board give a sufficient description of the lands over which he claims such pre-emptive right, to the satisfaction of the Chief Surveyor. ' And the same shall be marked off on he- authenticated Maps in the Land Office. ■ :

"-eSr'The'landV included -in such pre-eriiptive, rigfi may be of.s.uch form as the applicant shall choose ; out any land purchased by him in the exercise ot'sucli right shall be subject to the regulations as to form aiifj frontage heroin contained. ;

63. The Waste Lands Board shall not receive nor entertain any application ;to purchase,'"fromi any person other* than the runholder, the aforesaid block around the homestead or' principal station which doet not include the whole of such block. ..-.■•■,'

Oti Theright of pre-emption, hereby given shall ,be exercised within one week for all lauds within'twenty miles.of. the Land Office, at Christehurch ; ;'anil within oheinonth. for' all lands, at if greateridistance therefrom; such time being ■ reckoned from. the.' date of service of a written notice from the Waste-Lands Hoard, setting forth a copy of the application for any of the lands included in the pre-emptive right.1' Such notice may be served either personally on the;runliolder,' 6r"by leaving the'same at * his" last-known place pf.abode within the Province, or at the.priricipa) homestead or station oil the ruii. ■>

05.;'1'iie'. 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 45.-, per acre of the purchase money, and the remainder, lie shall pay within one week from- the date of his application being granted, or forfbit.such deposit. Such deposit, however, shall be. immediately returned on demand, if the holder pf the pre-emptive fight shall'give notice of hisinteiitipn.to purchase■ any portion of the land applied for, and pay the requisite deposit.' rj ~ CC. If the holder of the-pre-emptive right decide upon purchasing any portion of the laild applied for, lie shall forthwith pay to the Treasurer of the Waste Lands Board a deposit of 4s. per acre of the purchase nioriey oEsueh portion.; and, if he shall not within, six weeks thereafter have paid the remainder of:the purchase money, he shall forfeit such deposit, together with all 'right or title to the land. • ■ : '"•

-. If the holder of any pre-emptive right other than those created by clause 60 of the Waste Lauds Regulations, shall neglect or refuse to-purchase, any portion of the laud 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 iiot been included in any pre-emptive right." ; . ' l

67i Pasturage Licenses with pre-emptive right in connection with purchased lands,, whether under the Canterbury 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 be pasturage licenses over the lands included therein) upon the. terms of these Regulations, with a ' preemptive right over all such lancl, to-be exercised suJ> ect to these Regulations as'regards notice of'application, pa3'inent 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 the limits-.of.a run;-held by license under clauses 50 and 53, 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 hrtve them renewed upon ,the terms ot their contract with' the Canterbury Association or the Ci'own, as the case may .be;', but'if any person: holding-a license 'under. the Canterbury ■Association or the Crown shall voluntarily'1 resign' the same, he shall be entitled to receive a license, under thesb Regulations, and shall from.the date of such exchange hold his run at the rate and on the conditions' specified in these Regulations.. '■''.'.'''.'" '.'. '''"■' '"' '..:.,'.;

69..If"any.person exchanging his license shallfor any j)eriod included in the new license have paid rent at a higher rate than would be payable under such license, such overpayment shall be adjusted atthe next payment of rent." " : ■" ' ~, . . .'.* ' ■:■''"■'—" 7.0. In the event of improvements haying been'effected by the licensee of a run on any land which shall be i;esei^'ed. by the General Government orl by the Provincial Governrrient Under these Re'gulationSj the licenseee shall receive ' payment bf"the value; rof ■;. 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 land fund. = • '

"'.'7 l. Air 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 Office, at Cliristchurch,; and" the Waste Lands Board shall sit at that place .'for the' Treasurer'to receive the same.' ' " ~"',. - ' ? ' ,'■ . ..'■

;.72 All payments to be made, on account ot pasturage runs before, the .first day of May next ensuing shall be maile for the portion of the year only which shall elapse between, such day of payment and the said first day of May. .. i ■ :

73. -.-la calculating the amount .of the license fee and the, stock required to he on the run, the'year commencing, on the said firs,t day. of May shall .be; deemed to be the same year as .that for which suclrpart pay-; ment shall have been made. sv *: ..■;;:,;,;!

1 74. Notwithstanding; any thing contained in these regulations, it shall be lawful for the Governor, upon the rewmuiffindsiMon 01-the Superintendent, and Provincial Counil, at'any time, and from time to time, be proclamation in the Goviaiiment Gazette of the Province, -to rtserve for the -purposes hereinafter mentioned "any lands within the Province, adjacent to or in the neighbourhood ■of any town, now or which may hereafter bo 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 lnnds,: shall cease and be of no effect; on and from which day, all such licenses shally'asTespects 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 i 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. . , . , ~ •;%■:■ J-: .-.. . TIMBER. i 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 ail the timber not rQmovedwithin 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 recovering the amount of the same. .!■::' 77i: 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 liim 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 he transferable.■ '"•'. • ,;, :-: IY "■ ;■' , -.'. •■„ ''■ .

79. A license to cut timber shall extend only to the district named therein. '■ * i ;

; 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 cutitimber 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. Ifany 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 shall1 be lawful for any holder of a license at any time thereafter to use the same. : - .■■ ::•■

■ 82. If any person holding a timber license shall he 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 anothci timber license to the same person.