THE PRIVATEER SAVANNAH.
Sentence of death lias in all likelihood been . passed oii the crew of the confederate states privateer■ j'avnnnah, m;d nniong the nnniber are foiir unr.aturfilised liiitish suhjects—"Patrick Daly, Belfast, Ireland ; Richard Palmer, Edinburgh, Scotland ; and John Murphy. Ireland ; and one naturalised British subject, Alexander C. Coid, Scotland." By unuaturalised British subjects is meant those who have not renounced their allegiance to the crown, and by naturalised British subjects is meant those who have. Should these men suffer death our recognition of the belligerent-rights of the confedoratestates in the proclamation of the Queen pronouncing our neutrality ; in the communications of Lord Lyons to the federal government' ; and in the nets of Admiral Milne, our com-niander-in-chief of the American station, will render the act one of war against this country. The. proclamation of the Queen would, in such a case, be treated with contempt, and the blood of our four true and loyal British subjects cry for retribution. Even the trial of such men, whether condemned or acquitted or pardoned, is a. slight or affront to this country, which in the minds of jurists may almost justify an appeal to arms, unless reparation is ample and immediate, for it disputes the grounds and justice of the proclamation in which our neutrality was declared. Wo will briefly lay the facts and considerations involved in this important case before our readers. ' The Savannah, an armed schooner of 53 or 54 tons, sailed from the port of Charleston on the 2nd June, with a crew of 20 men all told. Next morning ii sail was descried, and after a few hours' chase the federal brig Joseph, bound from Cardenas to Philadelphia, with a cargo of sugar, hauled down her colors, and was taken in charge by a prize crew from the Savannah, and sent into port. A few hours later the Savannah, gave chase to another ship, which,, however, soon hauled round, ran up the stars and stripes to her mast head, and showed her guns. The Savannah was confronted with the federal ship of war Perry, and surrendered. The Perry at once put a prb.e crew on board the Savannah, and sent her to New York, where the crew followed, first in the Minnesota and afterwards in the Harriet Lane. An indictment by a United States grand jury followed, and five months' imprisonment, without trial, during the whole of which period the prisoners have been subjected to every possible indignity, and loaded with chains when brought before the public or into court. Mr. Laroeque, in his opening address for the prisoners, remarked, "that during the whole period of the imprisonment they have had no opportunity of communicating with their friends or relatives. Intercourse has been cutoff. Tney have had no opportunity of procuring means to meet their necessary expenses, or even to fee counsel in their defence." The case is still pending, and what the finding of the jury will be it is impossible to say. Should the prisoners be convicted of piracy, sentence of death must be passed by the judge, under the federal statute law.
" Notwithstanding the extraordinary treatment of the prisoners by the federal authorities, they lmve not only been defended, but it appears ably. Mr. Edwin James, we are told, was "iv court, but not having been called to the New York bar he did not hold a brief. Mr Brady put in evidence for the defence a chart of the coast survey of the Chesapeake, showing that the Savannah was captured in Virginia waters, and within the sovereign jurisdiction of Virginia. Quoting from the English charter of 1609 ; the Constitution of Virginian, dated 39th June, 177G ; and llemming's statutes, he held that Virginia had the sole jurisdiction within one hundred miles at eea. Mr. Lord submitted that under any circumstances eight of the prisoners, who are foreigners, are not amenable to the law of the United States. A pirate is deemed by the law of nations the enemy of the luimaii race, inasmuch as he commits indiscriminate depredation ; and it is incompetent for congress to declare that to be piracy which is not so under the law of nations. In the case, of the American citizens there could be-no piracy, for the "revolution" hail assumed proportions which had led to the other usages of war being observed between the belligerents, flags of truce being sent and received at some point or other daily, and exchange of prisoners having taken place on more than one occasion. Besides, the commission of the Savannah was granted by the confederate states—"a confederation of states exercising actual power and government over large territories', with a large population, under an organised government, having courts within its jurisdiction for the adjudication of captures"—and not by a person, " one Jellerson Davis," as described in the indictment. Finally, he claimed the tacit recognition of the confederate states, and their admitted rights as belligerents by England, and France, and Spain, which legalises the capture;tinder the confederate flag by the law of nations. Mr Everts, on the other side, held that the prisoners are within the meaning of the statute, and that whether they are citizens or aliens, nothing " takes them out of the general operation of oui laws on the question of the ingredients of the crime of piracy." The prosecution relied on the statute law of the United States ; and the district attorney, before the summing up of the judge announced to the court " that as the case of tht United States v. Win. Smith, one of the crew ol the privateer Jeff Davis, had just terminated in s verdict, he desired to refer to the charge of Mr. Justice Greer as one of the authorities in the case."
Such are the facts and the substance of the pleadings on both sides, and it remains to direct attention to the various considerations which the case involves. Those countries which, like England, have admitted the belligerent rights of the confederate states, are, with us, bound to uphold the course taken against all consequences. Having tacitly or openly avow ed that the maintenance of the confedurato cause by a victorious army in the field of the proportions numerically of a great European power, gives the character of a belligerent to the confederate states, it will never do to sanction the judicial murder of southerners captured on the ocean. Up to thai point there may be a joint representation of all the powers ; but until the nationalities of the other privateer crews have been ascertained this country will be single handed in its representations or in its policy in the matter of the bringing to trial of British subjects, and probably hanging them-for the commission of a crime which in the most formal manner we have pronounced imaginary. There are no Frenchmen, or Spaniards. or Russians among the Savannah's crew, although there is one native of Hamburg, and one Chinaman, both unnaturalised. Still there may be Frenchmen and others among the crews of the other privateers, and Lord Russell's information may be more full than our own. Be that as it may, however, the Government must now do something to redeem the honour of the country, and let the world know that Lord Pulmerston's Civis liomanus sum has some meaning.— Herald. " ■ :—«^ ( Death fkoji Lightning. The Merton cor respondent of the Singleton Times (New South Wales), writing to that journal, uiys : —On Sunday, December 22nd, about 4 p.m., a violent thunder-storm, with vivid lightning, raged over and around Merton, after a sultry and almost insupportable heat, wlii"h nearly destroyed animal energy. Messrs. James Mackenzie and Thomas Hasberry, with three or four others, were sauntering on the banks of the Hunter, chatting in easy and friendly familiarity, when- rapid flushes '.of-lightning warned them to retreat to Mackenzie's dwelling. On arriving, they went to a cask of water, taking a cup with them, for a drink. Mackenzie was struck in that moment. His wife's brother (Hasberry) was also killed, standing at the end of the" kitchen, by the same flash. Ja^. Winton, James Fairs, Drlm (a German), and 'daughter, nil felt the shock, but recovered. Mrs. Mackenzie was struck, but lay for a time inseusible of her bereavement, frequently inquiring after her husband. A number .of boys and girls were congregated in the kitchen, all more or less sensibleof the shock, but to none of them was it fatal, except to the persons above-named. The pi.de of the old tap, a brick chimney, &c, were levelled by the electric fluid ; and casks, tubs, ' casks, slabs, poles, &c, were scattered ab-mt in ' dire confusion as if from the effects of an c.i •!'"■• '. quake;' It will be long ere the recollectioi, ; ' g'u'cli an instantaneous and awful c»r ent will be fargotten by the inhabitants of this secluded little township, CniLTt- Burnt to Df.atii through Playing with .'Matches.—An inquest was held by Dr. Preslmw^ on Monday last, at Winter's- Flat, 6n the body of a c'lild named Clara Stow, aged two and haif; ear , whose death was occasioned by burning*".it appeared-that it was playing with some matches, which by some means ignited her clothes, and before the "firecould be put out, she was liufnt dreadfully about the right side Medical .aid was had immediately, but deceased only lived a few hours. A verdict of accidental death , sv&i returned, — M. A. Mail ( /ictoria.^)
CHIEF POST OFFICE, OTAGO, KEW ZEALAND.
LIST of UNCLAIMED LETTERS lying at this Office for the Month ended November 30, 1831 :— A—Ackwrlght, William ; Adams, Edwards (2)'; Adam, (ieo ; Aitkinsun, Robert,; Aitkinsoii, —; Aitken, James Gordon ; Aitken, John ; -Alexander, Mr ; Allan, James ; Allan, Win ; Allen, Sainl; Allen, Dorothy ; Alfreds, Mrs ; Aldridge, N (2); Amran, Jennie : Andeivwn, John Jas ; Anderson, Wm ; Angus, Andw (2); Aiisenne, James ; Apelfield, Wm; Armstrong, C. G ; Arnold, John. B—Badcoek, II ; Baily, Aren; Baker, Geo ; Barick, Mr ; Baudinet, \V. 0 ; Barnard, Mr; Bath, Edwin ; Battrick, George; Bates, Henry ; Bartlett,, Geo; Bandinet, W. 0 ; Barnes, Alexr; Barron, George ; Bnnfield, Jatnes : Beadmau, Mr (2); Beaten, Robert; Beaven, Fredk ; Beddoes, Geo: Beaudiamp, Crodoek (2); Bellamy, J ; Benskin, James ; Belton, Geo ; Berg, N. 0 ; Berwick, David : Beryman, Arthur ; Beswiek, Tlios ; Bend, Win : Bishopaml Keeps : Birdsley, Mr; fiiemnn, John ; Bishop D. T : Bishop, Thos; Byrne, John (2): Bleakley, John; Blood: worth, Geo; Blake, Walter; Blanehard, JohnBoyce> John ; Boyd, Donald ; Bonsfield, E; Boyles, Win ; liourke John : JJoonig, Peter; JJoys, S ; Bur ton, John ; Boland, Pat; Brenn, A : Briimuor, Alex; Bremner, John (2) ; Brezmier, A : BrisccH, Mr; Bramwood, John : Ererekm, Henry (2) ; Brokwell, 11; Breen, Maurice : Brampton, Nat; Brickley, Mieliael; Brien, Mr: Brown, Wm ; Brown, Jas, ; Brown, Arthur ; Brown, Richard (2) : Brown, Sam ; Brown, Mr ; Brutton, Maurice ; Buchanan, John or Geo ; Budnieh, Antonio ; lSudden, S ; Bull, Henry ; Burns, Riclid ; Bustard, James ; Butler, Theobald. C —Cain, Wm ; Cameron, Wm (3) ; Cammans John ■ Campbell, Duncan ; Campbell, Jas ; Campbell, John ; Campbell. Alex ; Campbell. Hugh ; Charley, ( a native) ; Chalmers, Robt T ; Chapuiiai, Rich C ; Cherry, Fred; Cherry, Fisneis ; Cherry, T; CJiessel, joiin L ; Cheek, Thos; Cherry, Jas ;' Christie, Ben : Clayton, Walter; Clements" H ; Clements, Mr; Clements,- Edwin G ; Clifford. Wm Chas ; Clifford, Geo ; Close, Richd M.D. (3);' Clohsey, Mich: Cockran, Mr; Cock, Thos (2); Cohen, 11 (3); Colqujioun, Rob; Colter, Ralph ; Coles, John ; Coleman, Luke; Coleman, Sam; Colemar., J; Collins, Mick; Condip, Thos; Connyhear, Earnest (3) ; Council, Henry; Connor, J;■ Cooper, Geo ; Cooper, J W ; Cooper^ Wm X ; Cook, Hy ; Copland,Wm; Corbeg, D ; Costello, Wm; Courtney, Jiis (2) ; Coulson, Thos (2) ; Cowle.y, Joseph Fisher; Crawford, Geo; Craig, Mr. ; Oawtbrd, Jns; Craig, Alex ; Crawford, Joshua ; Crees, Alfred ; Creid, John (•3); Criekmore, Mr;-; Crisk, II J ; Crowley, Jas ; Cruthers, John - Culmore, J C (2); Cunningham, VVarron J C ; Cunningham, P (2) ; Curtin, Wm ; Cuthbertson, Jolm Robert; Criekmore, John. D.—Daglish, Mathew S ; Daly, Edward ; Dandeison, John; Darlow, Thos) Darling. G E; Davidson, Miss M. ; Davis, Robert ; Davis, James ; Davey, Nick; Dawson, Phillip; Davis, Hy W; JJavison, Robert; Davi-son, Tiiomas:(2) ; Davis, This A; Davis, Geo; Davi* Arch ; Dawson. John ; Dearing, W; Deacon, It ; Deadnian, Win (3) ; Deane Horace (2); Dempster, Win ; Dent, Rob; Dewar, James; Dewar, Wm ; Diekingson, Mr.; Dickiesoii, Wrn; Dicks-on, John ; Dicke, Tlios; Dinjrwal', Jas; Dinnis, Win; Dilchhiirn, Rob; Dixon,~Geo; Uods, Arch; Doherty, Pat; Donohtic, Win; Donald, Jno; Donaldson, Rob; Doran, Gno (2)'; Douglass, Mr (2) ; Douglass, X or R ; Dowlin, James T ; Dueke T; Dude, Martin; Dugsrhi, Wm; Duke, Thos; Duke, James ; Duncan, Arch; Dundes, Mr; Dwyer, E L ; Dyer, John. I'.—Ea-ton, Win ; Eastwood, John-; Ellis, John; .England, Anlnir; Eiwiu, James ; Espey,' Rob ; Evans, Tlios; Easterbrook, John; Eliworthy, Mr. F.—Farreli, T R (2) ; Faster, J; Faweett, Sam]; Fenton, Jolm; Few, ;Chiis; Finnell James; Finsley, John H ; Finnell, Jolm; Finlay, John; Fisher Thomas (2); Fitzroy, Miss-A (il) ; Flanuary, P'; Fleming, Alex; I'leury; Floydc, Itichard; Fliicrty, Joseph; Foa-an, Tiios; Fox, Thomas; Fox, C j; Frennery, Mr; Freeman, JW; Filling, Carl, Freeman, Thos; Fry, James; Fulton, Mr; Ford, Mr; Foreman, John; Finke, A. G.—Gaile, E E; Gardnes, F P; Garforth, S; Garfshon, R; Garlh-ide, Mr; Garthside, Benjamin; Gavin, Mr; Gladhill, J J; Glare, John; Gellion, Joseph; Gill, Fred (2); Gill, Mark; Gililiam C/iai {■£); Giiifiilan, James; Gihbs, GT; Gilehrist, JC; Gillan, J D; Glen, James; Glephorn, Roger; Goldsmith, G ; Goodhigh, II ; Goodall. Chas (2); Gor.mai), X; Gordon, R; Gordon, Alex; Gowdon John; Goo'iin, G C; Goshard. C; Graham Mr; Graham D; Grant, Alex (4): Grant, John; Gram, Miss; Gray, Simon; Gray, Mary; Gray, Ellen; Green, Mr. (■i) ■ Grunlani, James ; Grey, Mr.; Granth, James : Grus-ick, Jiaik; Guiiliim. Martin ; Gimnell, TW; Guiujry, Joseph; Gunn, Robert; Guthrif, John (2). H—Hagerty, T; Halkulay, W; Hall, Joseph; Hall, G D; Halcrow, M;"lland, T; Handersou, James; Hartley, John; Han'is, Joseph; Harrison, Miss; Harris, W; Harwood, 0 ; Harvey, M; Harvey, James; Hathoni, Geo; Hawkin, WH ; Hayes, Jolni ; Head, Geo ; Healey, Hy; Henley, J II; Hernen, Mr; Hienen, Dennis; Hefferman, John; Higan, Robert; Heirny, P ; Heineneoiny, F; Hennelly, M ; Henly, II; Hendefellett, O ; Henry, Geo; ilerluit, Jessie ; Elerold, Thomas; Hernie, James; Heymanson, Wm ; Uiekman, Henry; Hill, 0 II G; Hifl, G C; Hobbs, John; Hobday, Joseph; Iloderm-s, John; Hodgson, James; Hollalian, James; Holt, Thomas; Hood, Wm; Hoppelmaii, F; Hoey, Andrew; iiuggins, bred; Humphries, Geo; Hunter, JS; Hiton, Mr.; Hubert, Jessie; Huekbey, F; Hyams, A. I and J—lngs, W. (4) ; liiglis, Wm. ; Innis, Rmmiucl; Jackson, Joseph (3) ; Jackson, Dan ; Jackson, Thos. (2): Jackson, Wni.B.; Jack, Cap*ain; Jefferson. Jacob; Jamiesou, James; Jarratl, Mr.; Jewell, John ; Johnston, H. G.; Johnston, fohu; Johnston, W. T. ; Jones, David; Jones. Mrs. E. ; Jones, E. li.; Jones, W.; Jones, Thos. (Britania) ; Jose, John; Julius, E. ; Julius, Hy. X—Kates, Geo.; Keating-, Paul; Kenn, Edward , Fvenn, Dan. I).; Ke-liim, Tiioj. ; Kennedy, C. ; Kennedy, Edw. • Kent, '.!'.; Kerr, Thos.; *I{ei7i'--; Tlios j Kei-ruish, L. W.; Kettle, Hobert; Kidda, Thos.; Kidd, R.; King, Mr. (2); King, Adam; Kingston, Geo.; Kohlhotl", Geo. L—-Laelis, II; Lanmson, T; Lang, James ; Lans•lowne, Edward ; Lauranee, John ; Lavercombe, Mr; Law, Mrs (2 letters) ; Lawrie, J ; Lawther, James : Lehonan, John ; Leighton, William ; Lewis, Mr ; Lewis, Miirehin ; Linch, Michael; Liiulnn, JohnM; Lindsay, James; Logan, James; Lomex, Albert; Luopei", James; Lucas, W; Lumha, George; L\-on, JJ E; Lyon, Thomas; Lijnum, NC. ■ "
M—Mark, M Mercer; JVi airland, .J P ; Malt, Joins; Mauley, Mr; Mann, J 1{; Marks, John; Mark;, Mr; Marshall, John; Marshall, Hobt; Martins, Joseph1; Matthews, John; Mason, Captain Thomas; tfaxton, S: Maxwell, Geo; Mays, Mrs; Mecklenburg, Mr (2); Mecklenburg-, Mr A; Menhenner, Tlios ; Manner, Charles ; Mentiply, Arch.; Meiizu's, G..-O. G; Metzn-er, Martin ; Middleton, James ; Mi'h:\mmer, Esq. f Millian, G tie (2) : Mill, Wm.; Milburn, John; Miller, Andrew; Miller, Jas. ; Millei-, Hobert Newton; Miller, Mr; Milne, S M: Mills, Charles; Mills, Jnck; Mills, Peter; Milvel, Mr-; Mhk, John ; Mitchell, James; Mitchell, Mrs; Mixamble, Charles; Moffett, William; Moir, Ralph; Moller, Christian ; Hollering, Johan; Moore, John; Moran, Esq.; Mbrpran, Irn'and; Morris, Alex. T. ; Morris, Jas. W; Morris, Joseph; Morrison, Mrs; Morrison, .Wm.; Morton, John; Morton, Tlios.; Moss, Messrs and Co; Mullan, John; Miindy, Martin; Munday, Samuel (2); Munro, Wm.; Murchison, Finlay; Murphy, James J. ; Murr, John; Murray, Hobt.; Murry, John; Mutch, Alex. Me—Macauliiy. John; McArthur, Donald; Mack- I alpin, Captn.; McAUain, John; McAdam, Wm; ] MoCraray, Edward; McCone, John F.; McCoi--mi'.ck, Edward; McCluro, J. 0. ; McOloud, Wm. ; McDonald, John ; McDonald,. Frank; McDermaid, Aliens (-1) ; McDiarmid, A) li ; McDouall JohnMcDonald, Robt.; McEroy, Mr. ; MaEldowney, Patlt.; MuForley, Henry; MeFarlane, Andrew (2i ; McG-ill. W. I.; McGregor, Mr.; Mel-Jenry, Robt.; MoHavdy, Alex. ; Molntosh, Wm. ; Mackley, Geo. W.; McKinnon, ICeil; McKenzie, Neil; MoKenzio, Elizabeth (2) ; MeKemsie, Mr.; McKay, Tiio.s. ; McKay, Margt.; McKay, JohnW.;lUclvenzie, DonaldMcLindon, J.; McLiskey, E. X.; McLeod, Henry; McLellan, James; McLean, Hugh; McLeod Norm.M; McMurty, George ; McMillan, F.; MeMeohuio, Donald; McNichol, D.; McMitt or McNutt/ Tiiouias ; McNab, James P; MeX'herson, Alex. • Mcl'herson, Arch (2); Mcltae, John; McFavlaiia' W;n. ; McKinuey, Clias. ; McKenrie, Eliza. N—Newman, Esther; Newman, W.; Newman, il;-s.; NeweomeandHaygorty; Neville, Eben.; Niglit- ' e-.'aail, John; Nicol, S.; Nichols, James. o—Oatway, It. (2); Obrieii,. Tlios.; O'Donohoe, Wm.; O'Leary, James; Omand, Peter; Orr, Miss; Oriste, John; Orchard, Wm.; Oswald, Andrew (2); Onlison, Henry; Ovorend, James; 0-,ven, It. P—Palmer. A Pickering1 ; Palmer, Geo (2); Palmer, Hussel F; Payen, Edwin Geo or Edward; Park, Mr. ; Parkerson, Wm (2) ; Parkes, W II ; Parldiui-st, Thos; Parr, Peter; Parry, Henry; Paterson, James ; Patton, Andrew ; Peapell, Joseph ; Pearce, Thcoilore ; Pensou, Rob; Perritt, Rob ; Pellet, Mrs.; Perry, James A ; Pettit, Mr. ; Phillips, H (2) ; Phillips, Wm V; Pierce, Wm (3) ; Pike, P • Pitt, Geo; Pinkerton, Wm; Pollock, John; Potter, A; Pool, Mr.; Port, Horatio; Poulston, Mr.; Powell. G; Prappehnan, F; Price, Susan; Prince, AM; Pritchard, Tlios; Proudfoot, Mr.; Price, Wm Thomas ; Pike, Sam; Pollack, Michael (2).
R —Ramsay, II H ; Ilatheny, Mrs. ; Raynolds, Mr. ; lleardon, Mr. ; Iteenan, James; Reeves, Thos. ; Reves, Mr. ; Reid, Alex ; Heed, William ; Reiishaw, W ; Repper, Mr. ; Reagh, Miss ; Retert, James ; Rexman, George ; Highly .John ; Rin<r, Geo; Richardson; John ; Richards, John : Richards, R; Rickards, A ; Rickes, James; Ritchie, D ; Ritch, Geo ; Robertson, David; Robertson, Chaa; Robertson, J II; Robertson, W ; Robinson, Mr. ; Robinson, F ; Robinson H; Robinson, James; Robinson, R; Rogeison, T G B ; Rogers, Ricliard : Rodgers, Edward ; Rordon, Geo; Ross, Wm.j Ross, F I; Ross, V G; How, R; Rumsy, II; Runclle, J G ; Ryric, James; Ross y Mrs. S—Sailer, G. H. ; Sadler, VV. L.; Salter, F.; Pamuels, Mr;; Samuds, W. L.; Sarprent, A.; Seal, Mr.; S rniple, Jh3. ; Siiarpin, John; Sliephnrd (2) ; : hirey ; -I. C.; Sliiul, AV.j Sinclair, Ali-s. ; Sinclair, I_. ; Si norn, F.; Siiikier, T>. ; i^iiiia, Tlios.; tilnwS iH, M:1.; ou';i:tw, C. C; Schlofcl, Jas:; Schneder, V.; SJOtt, James'; Skey, W. ; Smith, B. F.; Smith,
F. M.; Smith, James ; Smith, John ; Smith, Ghas. i Smith, E ; Smith, Miss; Smith,; Mrs. M. ; Som*by, P.; Suellyprovc, E. ; Sohemnell, W. ; Souter, James; gout her! and, Jove ; Sourdevn, Mr.; Soveriim, Mr.; Spence, James; Spisere, W.; -, Stannet, ii. T.; Staniway, .Mvs.; Stane!wu.=e, Mr.; Stenhouse, Jas,; s'tepheifsou, D. ; Stemnard, X.; Stewart, Mis.; Stewart, Jas.;.., Stevens, , Geo.; Stevenson, Mi-s. ; Stoker, B ; Stj'achan, A.; String, Geo. Stroever, Ghns..-; Stuart, Mrs.; StuaVt, D.; Stuart, Jas.; Styles, John ; Sivon, Agnes, T—Taylor, G. S.; Taylor, Mr.; ,/faylor, James; Taylor, Walter; Teschmiiker, W.; Temple; Hy. D.; Thomson, Geo. ; Thompson, Jolm Wm.; Tillay, Edward ; Towusend, Thos ; Tout, James; Todd, A. ; Toll, R. 11. (2); Tryett, J. G.; Trumaii, Tims. ; Trenartha, Geo. A. (2); Trethowau, Hy.; Travers, Chas ; 'JVeasurw. Mr. : Tunic, Geo. ; Turner, Andw.; Turner, John; Tucker, Ambrose W.; Tyler, Ja-nes. I
V— Vye, Mr. W.—Walib, John; Wags, Thos; Wailkius, Timothy ; Waite, Wm W ; Wnkily, Joseph ; Walters. HS; Wall, Ed ward; Wnliis, Thomas; "Waikir, James; Walker. Wm; Wa'ker, David; Walker, Robert; Walker, W T; Walter, John Hi.pkins; Walton, JF; Ware, Geo B (2); Wnrminton Wm; Washington,'Geo; Waters, Samuel T; Watson. T; Watson, Chas; Watson, J S (3); Watson, Wm ; Watt, Wm S; Watts, James; Waugh, Robt (-2); Webb, Wm; Webb, Mark; Wcdgewood, Edwin Henry; Woiumin, Jakob; Weir, Andrew; Weller, Wm ;* Werner, Jacob ; West, Wm ; Wharton, Geo; Wholburne, Mr (3) ; Wickham, Win; Will;-. J C; Wilkie, James; 'Williams, Peter; Willi;; , G; Williams, Benjamin; Williams, George; V. ..iiams, Jeremiah: Williams, SamiH ; Willisoh,.John ; Wilson, Chas'; Wilson. Alex II ; Wilson, John (2;; Wilson, Tlios (2) ; Wiifon, W;' Witton, Jas; We.od, W ; Wood, Margaret. H ; Woolloy. Jas; Worrall, Dr: Wren, Thos; Wright, Jas Mates; Wright Jas; Worm, Henry. V—Young, Alex : Yonnst, Catherine; Young, Fnink; Yoiins. Harry; Young, T. N. 7.— Zillis, Conrad. Initials—A. B. P. 0., Dunedin. RETURNED LETTERS. Ames, Capt., London. Barker, T. Livingstone, Chas. Thos., London. Oliver, Alex., Caithness. Stevens, Johnsenr.. ilarwie.k, England. LETTERS DETAINED FOR PAYMENT OF POSTAGE. Black, Geo., Richmond; Barker, Mrs. P., Emerald Hill; Brewer, Mrs., liallarat ; Bourne, Mrs., New-castle-on-Tyne, England ; Bailey, Miss Nelly, Sydney. -■•■ Chalmers, John Henry, New York; Campbell, J. Logati, Melbourne; Curtis, Catherine, Sandhurst; Curtis, Maria, Cornwall. Davis, Geo., lileiiionoie ; Dritty, Thos.. Canada West, N. America : Develing, Thos. Cornham, Melbourne ; Dalvcon, H ugh, Adelaide. Frost, Fred., Beiidigo ; Fiintofffc Co., Melbourne; FaWjuhar, Alex.,' Liiiiriceston. G—Garriek, Mis=. Cornwall ; Graham, J W, Mai-y----h.-K-<>;i!rh, Victoria; Giacey,M O,Melbourne; Giliiee, James, New Norfolk, Tasmania. ll—Hodge, J, '''Herald" Office, Melbourne; Hoane, Mrs., St. Kilda,-Melbourne. K—Kinnear, Hon. W B, New Brunswick; Knox, Arch., Burnt Wand- Scotland. L—Led, Aron, London; Leith, John,' Ayrshire, .Scotland; Liiseombe, Mrs. W, Melbourne; Lucas, Isaac, Plymouth, United States; Learinoiit, Captain, New York. M—Mais, Edw., Jamaica, W I; Milnnr, Mrs., London; Mitchell, Richard, Fifeiiire, Scotland; Moniiaws, A, Peebles, Scotland; M-'Nab, Mrs., Jiallarat; M'lntyre, Duncan, Melbourne; M'Pherson, Donald, Hamilton. Victoria. N—Neil, Mi*., Bal'.arat. P—Postmaster, Castlemaine ; Postmaster, Ballarat; Proudfoot, Mrs. Marion, Melbourne. S —Secretary G P O, Melbourne; Symes, George, Barker's Creek, Victoria; Sissworth, Mrs., Melbourne ; Short, James, Constable, Melbourne. ■'.;.. T—TurnbuH, Wm., Guernsey; Turnbull, Gregon and Co., Glasgow; Turner, Wm, GPO, Melbourne; Thomas, C as, Me!bourne. W —Waiting, Margaret, Black Forest; Williams, Agnes, Hobart Town; Watson, Thomas, Melbourne; Wilson, Hugh, ilothenvell, Scotland. ARCH. BARR, Chief Postmaster. Chief Post Office, Dimedln, 16th January, 18G2.
It X G U L A T I (.) N S FOlt THE DISPOSAL, SALE, LETTIXC AND OCCUPATION or the WASTE LANDS OF THE CRO^ > T IN THE PROVINCE OF CANTERBURY : AS AMENDED. 1. A LL Regulations now in force in the Prox\ vince of Canterbury for the sale, letting, disposal, and occupation of the Waste Lands of the Crown are hereby repealed. 2. All such Waste Lands shall, from and after the day on which these Regulations shall come into force-, he'soltl, 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 with the advice of his Executive Council for the time being, and such advice shall be recorded on the minutes of the Council. II. —THE WASTE LANDS BOABT). 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 five other Commissioners, all of whom (except, such one ns shall be appointed to act as Treasurer) shall be appointed and be removable by wan-ant under the hand of the Superintendent. 5. One member of the Waste Lands Board shall also be the Treasurer thereof, and such member shall be appointed and removable by the Governor. 6. The Waste Lauds Board'shall sit at 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 shall be 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 thosi' present at any meeting of the Board, shall preside thereat, and shall have" a casting vote in all questions cominrr before the Board.
8. All questions coming before the Board shall be decided by a majority of the Commissioners present thereat.
0. All meetings of the Board shall be attended by at least three Commissioners, mid 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 sitting thereof. 11. The Board shall have power to hear and determine all dilutes between the holders of PnsturBg'C 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. XI., No. 10." 12. All the routine business of the 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 d urine; office hours at the Land Office, hi 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 applimtions in the order in which they shall appear in the application book. Provided that if any person shall not appear himself or by some person duly authorised on his behr.1 *" before the Board when called in his turn, his app ..'ation shall he dismissed until his name shall appear again in the Book in order. Provided flko that if two or more persons shall apply at the same time to write tht,:'- names in the Application Book the Chief Commissioner shall bracket their isames, and shall initial the bracket; and when they shall appear before the Board, the Board shall determine the priority of right to be hard by lot. And it shall not be lawful for "the Board to hear any application except such as shall be made in accordance with this regulation. 14. The Board shall keep true and detailed minutes 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 the Board ; and such minutes shall be sien. -*d by all the Commissioners present at any meeting. And such minutes shall be open to the inspection of all persons desiring to inspect the same, at all reasonable hours, on payment of the sum of two shillings and sixpence for every such inspection. 111. —SURVEYS. 15. There shall be a Chief Surveyor who shall be appointed and removable by Warrant tinder the hand of the Superintendent, and as many! distant Surveyors as shall he necessary, who shall ue appointed and removeable by the Superintendent upon the recommendation of the Chief Surveyor. 16. All surveys shall be conducted in such manner as the Board by any regulations to be made in that belialf shall direct. IV. —THE hXyp REVENUE. 17. All payments to be made in respect of land shall be made to the Treasurer of the Board dining 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 Waste Lands of the Crown all the costs, charges, and ex- ■ penses incident to the collection, management, and receipt thereof; and also to pay out of the said revenues such sums as shall become payable under certain^ other provisions therein contained. The Treasurer of the Waste Lands Board shall, therefore, pay out of all ■the funds coming- into his hands under these regulations all such sums for the above-named purposes, in «uch manner and to such persons as the Governor shall direct. V. —PHBHC ItESERYES. 19. Reserves for the uses of the Provincial Government and for otfter public purposes may, upon the recommendation of the Provincial Council, he made •by the Superintendent; and shall not be alienated from the specific purposes to which they shall have keen severally dedicated, except under the provisions of an Act of the General- Assembly, entituled the " Public Reserves Act, 1854 .;" and a full and 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 Government Gazette of the Province, and set forth on the authenticated maps in the Land Office. Provided that the Superintendent may, if the Provincial Council be not then sitting, temporarily reserve land for such purposes until the next session of such Council. i 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 same. 21. The Superintendent may temporarily reserve any land for the preservation or sale of the timber thereon; but such land may at any time cease to be «o reserved upon a resolution of the Provincial Council. 22. The Superintendent may, upon the recommendation of the Provincial Council, by proclamation iv the Government Gazette, reserve from the operation 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 of according to regulations hereafter to be issued and published in that behalf; in the same manner :Bud under the same authority as these present regulations. VI.—TOWN LANDS. 23. The 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 he 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 and place of every auction sale shall lie fixed by the Superintendent, and shall be notified in the Government Gazette, and one or more newspapers of the Province, at least thirty days before such sale shall take place. 26. No such notification of any sale ot town ..lands 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 tar as laid out, showing the sections to be submitted for sale, and the public reserves in connection with them. 37. Town sections may he put up to auction, either by order of the Superintendent, or upon the application ot 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 tie made, be considered as the deposit upon the sale At such'public auction. 28. If any section shall be purchased by other than the original applicant, the 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 nhall be published in the Government Gazette, and one or more newspapers of the Province. 30 Every auction sale .of land shall be held by the Commissioners in open court as hereinbefore pro■Vl(ai!*The person who shall be declared the highest hifi er at such auction shall immediately pay a deposit often per cent, of the purchase money to the Fi-efi-•suror, and in default thereof, the section shall he again *%ss&s£ "^wiMnn
the day of sale: and, in default thereof, the purchase 'shall forfeit hi* deposit money, and also all right or title to the lr.nd ; iiui! the section maybe soli! to any person sipplyiii-r for the same for the price fit which it was knocked down at tlie auction; and, if not so sold, the section may bo again put up to auction at any future sale. 33. UpoTi payment of the purchase money in full, the purchaser shall receive from the Commissioners a " License to Occupy," in the form 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. —RTJItAIi LASD. 34. AH lands not included in any of the foregoing regulations shall be open for sale as rural land, at an uniform price of forty shiilinirs per acre. 3-5. Save as hereinafter provided, no section ot 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 the mode ot sale, and payment of purchase money to be as nearly as innv be in accordance with the regulations herein contained applicable to the sale of Town Land. Provided neverthe!ess, 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. 30. Every section of rural land shall be Ml one block, mid, except as hereinafter provided, of a rectangular form, and if hounded by a frontage line, shall lie of a depth of half a mile (or 40 chains) from such frontas'o. Note.—A frontage line shall be taken to mean the boundary of a road, river, or public reserve, or any stream o*r 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 from 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 rhe section shall be determined as nearly in accordance with these rules as, in the judgment of the Board, circumstances will admit. ' 38. In sections of lands not adjacent to or bounded by a frontasre line, all Ihe sides may bo equal, but one side may nof be less than one-third of the other; and such section shall not be less than half a mile distant from a frontage line. 39. Any person possessing a section of land may at any time' select another adjacent thereto, of such ibrm 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 purchaser in his application us these regulations will admit; provided that whenever the lands selected lie without the surveyed dis4ricts, the expense of the survey and ofconnectiiiff 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 be made as soon as practicable, by order of the Chief Surveyor. Provided always, that should any section when surveyed prove to dilTer in any respect from 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 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 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, he.amended by the Commissioners, in accordance with the 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 issued. 41. Any person making a ditch and bank fence to lands adjoining Waste Lands of the Crown may take out of such lands half the land required for the ditch and bank : provided that, no ditch or bank shall be more than six feet in width. VIII. —COMPENSATION IjANDS. 42. Whereas it is desirable that private persons should be enabled to receive portions of Waste Land in exchange for private lands 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, upon application to the Waste 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 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 or in respect, of such damaare as aforesaid. 43. If any person shnll 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, furnishing such security as the Superintendent may require for the due completion of such contract, and shall select such portion of rural land as be shall be willing to accept by way of payment or compensation, or byway of part payment or compensation for such work; it shall be lawful for the Superintendent to reserve such portion of land from public sale for such given time but no lonaer; and such person shall, on the completion of such contract, he 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 sterling which the Superintendent shall certify to the Waste Lands Board to be the bond , fidi. -value of the work so done by such oerson according to the prices for work and materials at 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 10 of these Regulations. No such reservation shall continue in force tor a longer period than twelve calendar months from the date on 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 the option of purchasing such land in the manner prescribed in clauses G4 and GO 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 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 land sold under these Regulations ;' provided also that no application for less than 20 acres shall bo received under this clause, but, that where any amount of compensation awarded by the Board shall be of less extent than 20 acres of land, the person entitled may pay the balance in cash upon the same terms as other applicants for the purchase of rural lands 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 shall, upon application to 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 a free "-rant not exceeding 30 acres of the 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 discharge 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
4G. Any person applying for n pasturage liconse shiiUgtate to the Commissioners what are the 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 each applicant shall be at the rate of 1:20 acres to every head of great cattle, and 20 acres to every head of small cattle. The words " great cattle" shall be construed to mean horned cattle, horses, mules, and asses, male and female, with their offspring- above six months of age ; and the words "small cattle" shall be construed to mean sheep, male and female, .with their weaned oft--48. rEvery pasturage run shall be in one block, and, as far as cireumstanci s 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 *bllowin«" rates :—For every run containing less than 1000 acres, tweiity shillings fin- every hundred acres ; ibr every rim containing 1000 acres, and not less than /3000 aci 35, two-pence per acre for the first thousand, null one penny per acre for every'acre in addition. For every run containing 5000 acres or upwards,
one farthing per acre for the first ami second years, one half-penny per acre for the third and fourth years, tbree-liirtliings per acre for the tilth and every subsequent year ; provided that the first year shall be tnken 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 the 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 20th 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 sis abandoned. 52. livery pasturage license shall be in the form set forth in the Schedule C to the Waste Lands Regulations, and shall be transferable by endorsement iii 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 Lauds Board, and not before. A pasturage license shall entitle the bolder thereof to the exclusive right of pasturage over the land specified rt-vein upon the terms above stated. Such license s.i.-:.; be renewed by endorsement from year to year, until the laud 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. 531 If 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 ofthe.se 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. 11l 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 oftiie.se 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 that he possesses within the Province the requisite amount of stock, and will undertake to place the same on the run at the expiration of such pcoiod.
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.
50. Every run or portion thereof which shall have been forfeited, as above provided, shall be put up by the Waste Lands Hoard to public auction, after an advertisement in the Government Gazette, and oue 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 !i. ense 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. 58. The above rules in respect tostocking a run, and to the lodgment of deposit money with the Treasurer, shall not apply to runs continuing less than 5000 acres. 59. Every 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 exceeding2os. for every thousand acres.
00. Every holder of a pasturage icense shall, upon application to the Waste Lands Board, be entitled to a pre-emptive right over portions of bis run, as follows:—For a run of not less than 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 station. And for all runs, over all lands occupied by any buildings, enclosures, plantations, cultivations, or any sueirother improvements as shall in the judg--nn- tr'of the Wasste Lands Board -be deemed sufficient '■>■■■ l !ie purposes of this clause, together with fifty ;. •..< s comprising and circumjacent to the lands so occupied or improved.
01. The License shall 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 the authenticated Maps in the Land OiHce.
02. The lands included in such pre-emptive right may be of such form as the applicant shall choose: but any lnnd purchased by him in the exercise of such right shall be subject to the regulations as to form and frontage herein Contained. 03. 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.
G-L The right of pre-emption hereby given shall be exercised within one week for all lauds within twenty miles of the Land Office, at Christchurch; and 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 Wastelands Board, setting forth a copy of the application for any of the lands included in the pre-emptive 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..
05. The applicant for any rural land included in any pre-emptive riarht 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 biino- granted, or forfeit such deposit. Such deposit, however, shall bo immediately 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. GO. If the holder of the pre-emptive right deckle 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 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.
If the Wider of any pre-emptive rip-ht other than those created by clause (iO of the Waste Lands Resrulations shall neglect or refuse to purchase any portion of the land applied for, such portion shall from and immediately sifter sueli neglect or refusal be released from all right of pre-emption and opwi to purchase on the terms of these Regulations, as if the same had not been included in any pre-emptive rig-lit. 07. 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 hinds included therein, upon tlic terms of these Regulations, with a preemptive right over all Such land, to be exercised subeet 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 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 rie-ht.
CB. 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 liconsc under tiie Canterbury Association or the Crown shall 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, 60. If any person exchanging his license shall tor any period included in the new license have paid rent at a higher rate than would be payable under such license, such overpayment shall be adjusted at the next, payment of rent. 70. In the event of improvements having been effected by the licensee of a run on any land which shali be ri'serv'ed by the General Government or by the Provincial Government under these Regulations, the liconseee 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 land fund. 71 All payments on account* of pasturage runs shall in future be made on or before the first day of May in accordance with clause 51, at the Land Ofliee. at Christchurch, and the Waste Lands Board shall sit at that place for the Treasurer to receive the same.
72 All payments to lie made on account ot p<nsturar>e runs before the first day of May next ensuing shall be inside 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 tlje amount of the license fee and the stock required to be on the run,, the year commencing on the said first dsiy of May shall be deemed to be the same year as that for which such part payment shall have been made.
74. Notwithstanding anything contained in these regulations, it shall be lawful for the Governor, upon the recomraendationgof the Superintendent.and Pro
vincial Counil, at.any time, and from time to time, by] proclamation in- the CfODirrnitunit 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 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 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 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. 70. 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. 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 montldy license, and of £/> 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 j)it 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 tl"> permission of the person making the same first obtained; provided that if such road shall not be used at any time for 90 consecutive days, it shall 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 be proved before the Waste Lands Board to have offended against any regulations herein contained re^ specting timber, or'to liave wilfully or negligently injured 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 the Board to refuse to issue another timber license to the same person. SCHEDULES. Schedule A. Province ) of [ Canterbury. ) LICENSE TO OCCUPY TOWN LANDS. Whereas of hath been duly declared the purchaser for the sum of pounds, shillings, and pence, of the section of the Waste Lands of the Crown hereinafter described, and hath this day paid to the Treasurer of the Waste Lands Board of the Province of Canterbury, the said sum of pounds. shillings, and pence, the receipt whereof is hereby acknowledged, NOW KNOW ALL MJSN AND THKSK presents witness, that We, in pursuance of the powers vested in us as Commissioners of the said Waste Lauds Board, do hereby authorise and empower the said his heirs or assigns, at any time after the date hereof, to enter upon all that section of land situated in street, in the town of marked, No. in the authenticated map of the said town in the Crown Lands Office and containing acres, or thereabout-, being the section of land so purchased as aforesaid, and to hoid and enjoy the same for his and their absolute use and benefit. Given under our hands at the sitting of the Waste Lands Board held at on the clay ot 18 Schedule B. Province, ~) of \ Canterbury. J LICENSE TO OCCUPY RURAL LAND. Whereas of hath been duly declared the purchaser for the sum of pounds, shillings, and pence, of the section of the Waste Lands of the Crown hereinafter described, and hath this day paid to the Treasurer of the Waste Lands Board of the Province of Canterbury, the said sum of pounds, shillings, and pence, the receipt whereof is hereby acknowledged, NOW KNOW ALL MEN AND THESE presents witness, that We, in pursuance of the ! powers vested in us as Commissioners of the said i Waste Lands Board, do hereby authorise and empower i the said his heirs or assigns, at any time after the date hereof, to enter upon all that section of land situate and bounded ns hereinafter described, that is to say ; and to hold and to enjoy the same for his and their absolute use and benefit, subject neverI thcless to the Regulations now in force for the sale, I letting, disposal, and occupation of the Waste Lands ! of the Crown within the Province of Canterbury. Given under our hands at the sittingof the. Waste Lands Board, held at on the day of 18 Schedule C. Province ) of \ Canterbury. ) LICENSE TO DEPASTURE STOCK. Whereas of hath been duly declared to be entitled to a license to depasture stock upon the Waste Lands of the Crown within the Province of Canterbury, upon the terms and upon the conditions hereinafter mentioned : Now therefore We, in pursuance of the powers vested inns as Commissioners of the Waste Lands Board to the said P«h vince, do hereby grant to the said the exclusive license, from and after the date hereof, until the first day of May next, to depasture sfook upon the land situate and bounded as hereinafter described, that is to say— and containing acres or thereabouts. Subject nevertheless to all the provisions and conditions contained in the Waste Lauds Regulations now in force within the Province of Canterbury. Given under our hands at the sitting of the Waste Lands Board, held at on the day of 18 Endorsement. I, the within-named for valuable consideration to me paid by of do hereby transfer to the said the within written Pasturage License, and all my estate and interest therein. Witness my hand this day of 18 Witness APPENDIX I. Clauses 3o and 43, which were repealed by the Waste Lands Regulations Amendment Ordinance, Sex*. VII., No. 2, 1856, originally stood as follows: —
35. No section of rural land shall be sold containing less than twenty acres ; provided that 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 shilling's per acre; the time and place of sale, and the mode ot sale and payment of purchase money to be as nearly as may be in accordance with the regulations herein contained, applicable to the sale of Town Land. 43. If any person shall at any time have made and completed at his own cost any public road or bridge or any public main drain, or any part of such road, bridge, or drain, such person shall, upon application to the Waste Lands Board, be entitled to a free grant of rural land in such situation as he shall select, subject to the conditions as to form and frontage in these regulations contained, to such an extent as the Board shall adjudge, not. exceeding one acre for every four pounds sterling which he shall prove to the satisfaction of the Waste Lands Board that he shall have actually expanded in the construction ot such road, bride, cr drain. ProviV-i always ciiat it shall be proved to the satisfaction of the Board that the money so expended by the applicant has been beneficially expended for
he use and advantage, of the public. Provided aUo hut no application for kss than twenty acres shall be received under thi* clause, but that where any nmount of compensation awarded by the Board shall bo of a less amount than twenty acres of land, the party entitled may pay the balance in cash upon the same terras as other" applicants to purchase rural lauds under these regulations. Clauses 07 and 08, which were repealed by proclamation of the Governor, dated Uth August, 1856, published in the Provincial Government Gazette, Vol. 111., No. 17, p. 03, ith September, 1856, originally stood as follows: — 67. Holders of pasturage licenses with pre-emptive right in connection with purchased lands, whether under the Canterbury Association or the Crown, shall be entitled to claim pasturage licenses over the lands included therein upon the terms of these regulations, with a pre-emptive 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 pre-emptive right shall ho included within the limits of a run held by license under clauses 50 and 53, the holder thereof, on paying rent for the same, may take credit for the amount paid by him in respect of lands covered by such pre-emptive light. 08. Nothing in these Regulations shall be interpreted to alfect the legal riglits or equitable contracts made by the Canterbury Association or the Government with holders of the pasturage licenses; but if any person holding- a license under the Canterbury Association or the Government, shall voluntarily resign the same to the Government, 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. APPENDIX 11. Clauses Nos. 33, 51, 52, 05, 00, and 71, rohich were repealed by the " *• aste Lands Regulation Amendment Ordinance, Sess. IX., JVo. I," originally stood ns follows: — 33. Immediately on the payment of the purchase money in full, the purchaser shall receive ft-om the Commissioners a " License to Occupy," in the form set forth in the Schedule A hereto annexed, which he shall return again to the Commissioners when he shall receive the Crown Grant of the Land. Such " License to " Occupy" shall be transferable byendorsement, in the form set forth in the Schedule. 51. The fee shall be paid to the Treasurer tha a Waste Lands Board every year, in advance; for the first year on the issue of the License, and for the second and every subsequent year on the first day of May; and every pasturage license not renewed by payment of the required the on 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 bandfooned. 52. Every pasturage license shall be in the form set forth in the Schedule C hereto annexed, and shall be transferable by endorsement in the form set forth in the Schedule;'and shall entitle the holder to the exclusive right of pasturage over the lands specified therein, upon the terms above stated. It is intended that such license shall be renewable from year to year until the land specified therein shall be purchased, granted, or reserved, under these Regulations; and, if so renewed, the fee to be paid in respect of such licenses shall not be altered until the first of May, 1870. Such license shall give uo right to the soil or to the timber, and shall immediately determine over any land which may be purchased, granted, or re-sei-ved under these Regulations. A reasonable right of way shall be allowed through all pasturage runs. 65. 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, anil 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 pre-emptive right shall purchase any portion of the land applied for. 60. If the holder of the pre-emptive right decide upon purchasing any portion of tlie laud applied for, he shall forthwith pay to the Treasurer of the Waste Lands Board a deposit of 4s. per acre of the purchase inouey 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 rig-lit or title to the land. 71. All payments on account of pasturage runs shall in future be made on the fii-st day of May, at the Land Office, at Christchurch, and the Waste Lands Board shall sit at that place for the Treasurer to receive the same. ._.. ~...-, ■■..
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Bibliographic details
Otago Daily Times, Issue 62, 27 January 1862, Page 1 (Supplement)
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11,401THE PRIVATEER SAVANNAH. Otago Daily Times, Issue 62, 27 January 1862, Page 1 (Supplement)
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