REGULATIONS

Lyttelton Times, Volume VI, Issue 348, 1 March 1856, Page 4

REGULATIONS

FOR THE DISPOSAL. SALE. LETTING, AND OCCUPATION' OPTHE WASTK LANHS OF THE CIIOWN IX THE PROVINCE OF CANTERBURY.

(Continued from our last.)

55. Every holder of a licence shall, at any time, upon a written order from the Waste Lands' Board to'thtt effect, make a true and complete return of all the stock on his run, nnd if he shall wilfully and knowingly make any falsp return, the Waste Lands' Board shall immediately declare his licence to he

forfeited

56. Every run or portion thereof which shall have been forfeited, a« above provided, shall he put up by the Waste Lands' Board to puMic auction, after an advertisement in the Government Gazette and one or more newsp;per< or the Province. A licence granted after forfeiture shall be deemed to be an oiiginai licence. Upon appeal from aav person whose run has been forfeited ■within 6'o 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 licence for a mil which is not stocked, will be required to deposit with the Treasurer the sum oe ten shillings fur every hundred acres in-

eluded in the licence, which will be returned without interest as soon as he shall httve fulfilled the conditions in respect to stocking the run within the prescribed period ; but if such conditions be not fulfilled, such deposits shall be foifeited.

58. The above rules in respect to stocking a run. and to the lodgment of deposit money with the Treasurer, shall not apply to runs containing less than 5.000 acres.

59. Every holder of a licence may he required at anytime to pay for the actual cost of the survey of his run at a rate not exceeding 20s. for every thousand acres.

60. Every holder of a pastur s^e licence shall, upon application to the Waste Lands' Bo:ird. le entitled to a preemptive ri«ht over portions of his run. as follows : Fo°r a run of not less than 1 ,OUO acres and not more than 5.000 acres, over a block of laud comprising and circumjacent to his homestead to the extent of 5 per cent, of the arceage of the run. For a run of 5.000 acres and upwards, ovit 250 acres of laud comprising and circumjacent to his homestead or principal station, And for all runs over all hinds occupied by any buildings, enclosures, plantations, cultivations, or any such other improvements as shall' in the judgment of the Waste Lands' Board he deemed sufficient for the purposes of this clause together with fifty acres, comprising and cuvumjacent to the lands so occupied or imnroved.

61. ihe licensee shall at the time of his application to the Board -rive a sufficient description of the lands ever which he claims such pre-emptive right to the satisfaction of the Lhiet Surveyor. And th« same shall he marked! off on the authenticated Maps in the Land Oilice.

62. Tlie lands included in su-h preemptive riffht may be of such form a* the appS^antsi.ailchoo.e, but any laud purchased by inn, ii, the exercise o f such right shall IkSl]b ect to t)l' J rp'-ru'i'i'i, •, • ■ t" c i tnj;it.i-jre ii'-r.-iii coulained

b.i. Ihe W.ist^ L :lI1 .!s- B:.ard shall no! receive nor emeriai:, a: ,y application to purcnass from any pers.-,,, other than t , runho.der ihe ai-ir^.id !)]ock around t|]p h .m^t.ad or principal sf !Uion which does iiot winliirt.i the whole of such block \ (S?", TIHr r'»hl u[ !"•«-'•'"]'• ion hereby -iv,. n Fhali be exerciseu uitlnn o.u- week for al' Janrls vvilhin -20 ,u;i«:s of tl,« L.nd „ffic e. at Chnstrrhurch, an.l vvi.hi:, „..,, m , )I:l!l if)r f(1 , HxvUnt a : ; lter dista.ee IU-vul^m. such time Iviuijf i-.-k.ned n-,,,., U:e .! ;il » ofsr-rvire ofawriUen nofice i'v-.-n Iv W',^., | ,- (!j(]siJjani settin-.'bill. a copy o f tiie application

for any of the lands included in the preemptive right. Such notice may be served either personally on the runholder 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. 65. The applicant for any rural land included in any preemptive _ 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 he^ shall pay within one week from the date of his application being granted or forfeit such deposit. Such deposit, however, shall be immediately returned on demand, if the holder of the preemptive right shall purchase any portion of the land applied for. 66. If the holder of the preemptive right decide upon purchasing any portion ot the land applied for, he shall forthwith pay to the Treasurer of the Waste Lauds" Board a deposit of 4s. per acre of the purchase money of such 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.

67. Holders of pasturage licenses with preemptive right in connection with purchased lands, whether under the Canterbury Association or the Crown, shall be entitled to claim pasturage licensesover the lands included therein, upon the terms of these regulations, with a preemptive right over such land to be exercised subject to these regulations as regards notice of application, payment of deposit, and purchase money, price of land, and size and shape of blocks. If the land covered by such preemptive right shall be included within the limits of a run held by licence under clauses 50 and 53, theholder thereof on paying rent for the same mayttapk p credit for the amountpaid by him in respect of lands covered by such pre-emptive right.

68. Nothing in these regulations shall be interpreted to affect the legal rights or equitable contracts made by the Canterbury Association or the Government with holders of pasturage" licences. But if any person holding a licence under the Canterbury Asssciation or the Government shall voluntarily resign t he same to the Government, he shall be entitled to receive a licence 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. ~

6.9. If any person exchanging his licence shall for any period included in the new licenc have paid rent at a higher rate than would be payable under such licence, such overpayment shall be adjusted at the n?xt payment of rent.

70. In the event of improvements having been effected by the licensee of a run on any land which shall be reserved by the General Government or by the Provincial Government under these regulations, the licensee shal1 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 Trea surrjr of the Waste Lands' Board out of the" land hind.

71. All payments on account of pasturage nins shall in future be made on the first day of May at the Land Office at, Chrisfchurch and the Waste Lands' Board shall sit at that place for the Treasurer to receive the same

/2. All payments to be made on account of pasturage runs before the first dnv of May next ensuing shall be made for the portion of tl»« year only which shall elapse between such day ot payment and the said first day oi May. J

i->. In calculating th ft amount, of the i^nce (c, ; and t.h, ; stock r, q ,,ired to be on .'«■ '"■"'. the year co:nm,,,cing 01l , uo s:iid n.*t day oi May shall be deemed to be the

same year as that for which 6uch par payment shall have been made.

74. Notwithstanding anything contained in these regulations, it shall be lawful for the Governor, upon the p-commendation of the Superintendent and Provincial Council at any time, and from time to time, by ■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 which may hereafter be formed, and to declare that on and from a day to be named in such proclamation, all depasturing lu-ensts issued under these regulations, in respect of such reserved lands, shall cease and be of no effect; on and from which day ail such licences shall, as respects such lands, cease and be of no effect accordingly : and it. shall be lawful for the Governor at any time thereafter, 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 die 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 ihe 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, withoutfn licence, cut or remove any timber from any waste lands of the Crown (except timber which he shall have pm chased under the last clause); and any persons ,<o cutting or removing timber, shall be liable to pay" the cost of such license for one year, together with the costs of the amount of the same. 77. Every licence lor 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 licence. 78. A licence 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. licence, to saw, split, or remove the timber so cut ; and such license shall not be transferable. 79. A Mecca to cut timber shall extend only to Use district named therein. 80. If any person duly licensed shall have established a saw pit for the purpose of sawing timber, no other person shf 11 cut timber within .0 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 notcut timber within such distance as aforesaid from the pit for 28 consecutive days, it shall be lavml to any other holder of a license to ent,-r thereupon, and to cut timber aa though such pit had „ot been established. 81. If any person shall for the purpose of removing timber, have made a road upon land bei,,jf the Was,, r.u.uls of t>,e Crown, and not being Sl highway, it shall not be hiwiul for any other person to use the same wilnout the permission of the person making Hie same first obtained, provided U.auif s-ich road shall not. be used at any time fo^O c.ns.cuuve days, it Bhali be ] awUll for 'older oi a licence at any time thereafter to use the same. .KSi?"i lf aUyperSOn llol(1'"g a limber licence hall be proved before th, Waste Lands' W tolmve offend,,! against any regnla'7 respiting „?,„,,*,.. or U,havew,f nly or negligently" injured or destroyed by fi,,.. or oti) , nvis / ; J „,„.,. t« tllf! Grown, such lice, c = shall be, and shall be immediately declared to be