60. 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 :—l-or.a run of nut less him 1.000 acres and not more than s,ooo.acres, over a block of land compris-ing-and circunvjacent to his homestead to Hie extent of 5 per cent tot the acreage of the run. Tor a run of 5,000 acres and upwards, over 250 acres of land comprising- and circumjacent to Ins homestead or principal station. And for all runs, over all lands occupied by any buildings, enclosures, plantations, cultivations, or any. such other improvements as shall in the iudgment of the Waste Lands Board be deemed sufficient for,", the pin-poses-of this clause, tog-ether with fifty acres comprising and circumjacent to the lands so1 occupied or unproved. i 61. The Licensee shall at the time of his application ftp 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. 62. The lands included in such pre-emptive righ may be of such form as the applicant shall choose; but any land purchased by Mm in the exerciser*'such right shall be subject to the regulations as to form and frontage herein contained. 63. The Waste Lands_ Board shall not receive nor entertain any application to purchase, from any person other than the runholder, the aforesaid block around the homestead or principal station which does not include the whole of such block. 64. The right of pre-emption hereby given'shall be exercised within one week for all lauds within twenty mile 3of the Land Office,'at Christehurch; 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 Waste Lands Board, setting forth a copy of the application for any of the lands included in Uie 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 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 pre-emptive right shall give notice of his intention to purchase any portion of the land applied for, and pay the requisite deposit. 66. If the holder of the pre-emptive right decide upon purchasing any portion of the land applied for, he shall forthwith pay' to the Treasurer of the Waste Lands Board a deposit of 4s. per acre of the 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 holder of any pre-emptive right other than those created by clause 60 of the Waste Lands Regulations shall neglect or refuse to purchase any portion of the land applied for, such portion shall from and immediately after sucli neglect or refusal bo released from all right of pre-emption and open, to purchase on the terms of these Regulations, as if the same had not boon included in any pre-emptive right. 67. Pasturage Licenses with pre-emptive right in connection wilh 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 tlie terms of these Regulations, with a pre- , emptive right over all such land, to be exercised subect to these Regulations as regards notice of application, payment of deposit, purchase money, price of land, and size and shape of blocks. If the land covered by such pre-emptive right shall be included within the limits of a run held by license under clauses 5.Q and 53, the holder thereof in paying rent for the same may take credit for the amount paid by him in respect of lauds covered by such pre-emp-tive right. 08. 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 tho Crown, as the case may be; but if any person holding a license under the Canterbury Association or the Crown shall voluntarily resign" the same, he sUall be entitled to receive a license under these Regulations, nnd shall from the date of such exchange hold his run at the vate and on tho conditions specified in these Regulations, C 9, If any person exchanging his license shall for any period included in tho new license' have paid rent at a higher rate than would be payable under such license, such overpayment shall bo adjusted at the next payment qf rent. 70. In the event of improvements having been effected by the licensee of a run on any land wluch shall be reserved by the General Government op by the .Provincial Government under these .Regulationi, the licenseeo 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 Wiiste Lands Board out of the land fund. 71. All payments on account of pasturage runs shall in future be mado on or before the first day of May, in accordance with clause 51, at the Land Office, at Christchurch, 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 of pasturage runs before the first day of May next ensuing shall be mado for the portion of the year only which shall elapse between such day of payment and the said -first day of May. 73. In calculating the amount of the license fee «nd the stock required to be on the run, the year commencing on the said first day of May shall be deemed to be the same year as that for which such part payment shall have been made*. 74. Notwithstanding anything contained in these regulations, it shall be lawful for the Governor, upon the recommendation ot the Superintendent and Provincial Counil, at any time, and from time to time, be proclamation in the Government Gazette* of the Province, to reserve for tho 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 whicli 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 hare been reserved for the sale of the timber thereon, such timber may be sold by public auction at an upset price and subject to conditions to be fixed by the Superintendent, and the purchaser shall agree to remove the same within a certain time; and all the timber not removed within such time may be again put up to public auction. 76.' No person shall, without a license, cut or re-. move 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 re- . moving 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 monthly license, and of £5 upon every yearly license. 78. A license shall entitle no one but the person named therein to cut down standing timber, but it will authorise him to employ any number of persons, during the term of the license, to saw, split, or remove . the timber so cut; and such, license shall not be transferable. 79. A license to cut timber shall extend only to the district named therein. . ■ ■ 80. If any person duly licensed shall have established a saw-pit for the purpose of sawing timber, no other ' person shall cut timber within 50 yards of such pit without consent of the person first occupying such saw-pit; provided that if the person establishing such , pit shall not use the same, and shall not cut timber within such distance as aforesaid from the pit for 28 consecutive days, it shall be lawful for any other holder, of a license to enter thereupon, and to cut timber as though such pit had not been established. .81. If any person shall, for the purpose ofremoving 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 dajs, it shall be lawful for any holder of a license at any time there-' alter to use the same. . ■ . , 82. If any person holding a timber license shall be proved before the Waste Lands Board to have offended against any regulations herein contained respecting'timber, or to have wilfully or negligently inured or destroyed by fire or otherwise any timber belonging to the Crown, such license shall be, and shall be nnmediately 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. : JProiflTiee V - - - of.: \ ........ Canterbury.) ■ . .- , ~,-,--._. LICENSE TO OCCUPY TOWN LANDS. < Whereas 'of • hath been duly delw«d tht pw«lww Ha th« «wn «f ' pound*,
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https://paperspast.natlib.govt.nz/newspapers/ODT18620403.2.33.5
Bibliographic details
Otago Daily Times, Issue 119, 3 April 1862, Page 7
Word Count
1,798Page 7 Advertisements Column 5 Otago Daily Times, Issue 119, 3 April 1862, Page 7
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