REGULATIONS
POR THE " DISPOSAL, SALE, LETTING AND ° OCCUPATION I OP THE „ ■ WASTE LANDS OF THE CROW? 1 p IN THE . PROVINCE OF CANTERBURY : c AS AMENDED. r 'I. A LL Regulations now in force in the Pro- s ' xjL vince of Canterbury for the sale, letting, a disposal, and occupation of the Waste Lands ol i' the Crown are hereby repealed, fl ' ?. All such Waste Lands shall, from and after tlie i day on which these Regulations shall come into force, J ( 'be sold, let, disposed of, and occupied according to s these Regulations, and not otherwise, *- ; 8. Every Act wluch the Superintendent is hereby S1 . authorised or required to perform he shall perform v solely in accordance with the advice of his Executive Council fbr the time being, and such advice shall be recorded on the minutes ofthe Council. n lI.—THE WASTE LANDS BOABI). v 4. There shall be established a Board to be called the Waste Lands Board, to consist of one Chief Com- * missioner, and of not less than two nor more than five a' otber Commissioners, all of whom (except such one P as shall he appointed to act as Treasurer) shall be ap- " pointed and he removable by warrant under the hand P of the Superintendent. si 5. One member of tlie AVaste Lands Board shall X also be the Treasurer thereof, and such member shall Cl be appointed and removable by the Governor. v 6. The Waste Lands Board shall sit nt the principal s' Land Office of the Province, at certain stated times c; to be determined by the Superintendent, and shall ®- also sit for special purposes at such places and at sucli '' times as the Superintendent shall direct; of which P sittings due notice shall he given in the Provincial Government Gazette, and one or more newspapers b published in the Province, j 1 7. The Chief Commissioner when present, and in J? his absence then some member selected by those pre- "■ sent at any meeting ofthe Board, shall preside thereat, and sliall have a casting vote in all questions j* coming before the Board. *1 8. Jul questions coming before the Board sliall be j* decided by a majority of the Commissioners present '' thereat. .. 9. AU meeting's of the Board shall he attended by " at least tlirec Commissioners, and shall be open to the n. public. " " 10. All applications for Land and for Pasturage ° and for Tim! er Licenses shall, after hearing evidence- f when necessary, he determined by the Board at some l 1 sitting thereof. . 11. The Board shall have power to hear ond de- " termine all disputes between the holders of Pastur- * age and Timber Licenses respecting the boundaries *' of runs and districts, and sliall have and exercise all " the powers wliich may be lawfully had and exercised by any Commissioner of Crown Lands, under the pro- jj: visions of the " Crown Lands Ordinance, Sess. X., " No. 1;" and the "Crown Lands Extension Ordinance, S( Sess. X1.,"N0. 10." ' ■ . w 12. All the routine business of the Land Department sliall be transacted by the Chief Commissioner, a ' subject to such regulations as may be made by- the si Board in that behalf. ii - 13. A book to be called the " Application Book " tl - shall be kept open" during office hours at the Land b ■ Office, in which the name of every person desiring to c make any application to the Board shall be written ii - in order by himself or any person duly authorised on p his behalf. And the Commissioners shall, during the tl 1 sitting ofthe Board, consider and determine all appU- o cations in the order in wliich.they sluill appear in the si application book. Provided that if any person sliall o not appeal- hhns&f or by some person duly authorised o r on his behalf before the Board when called in his I ' turn, his app Nation shall be dismissed until his name a . shall appear again in the Book in order. Provided a also that if two or more persons shall apply at the t j same time to write their names in. the Application 5 6 Book the Cluef Commissioner shall bracket then t< n ames, and sliall initial the bracket; and when they n 0 all appear before the Board, the Board shall deter- t mine the priority of right to be hard'by lot. And it f ■ shall not be lawful fbr the Board to hear any applica- 1' t tion except such as shall be made in accordance witb f :, this regulation. f 14. The Board shall keep true and detailed minutes c of all applications made to the Board, and all decisions s thereon, and of idl sums of money paid to the Trea- c surer, and generally of all the proceedings of the ( '. Board; and such minutes shall be sigxid by all the t ' Commissioners present at any meeting. And such t 1 minutes shall be open to the inspection of all persons s desiring to inspect the same, at all reasonable hours, on payment ofthe sum pf tTjvo shillings apd s&penct 1 ~ for every such inspection, < d UI,—SURVEYS, i * 15. There shall he a Chief Surveyor who shall he 1 appointed and removable by Warrant under the hand s> of the Superintendent, and as many J distant Surveyors as shall be necessary, who shall, ue appointed 1 and removeable by the Superintendent upon the re- i rt commendation ofthe Chief Surveyor. 1 10. All surveys shall be conducted in such manner n as the Board by any regulations to be made in that ~1 behalf shall direct. IV.—THE LAUD REVENUE. ' 17. All payments to he made in respect of land shall " oe made to the Treosurer of the Bonrd during the l' e sitting thereof, and the Treasurer shall thereupon to (jive receipts for the same. 18.—By the 62nd clause of the Constitution Act a the Governor is authorised and required to nay out o the revenue arising from the disposal of the Waste ' Lands ofthe Crown all the costs, charges, and expenses incident to the collection, management, and receipt thereof; and also to pay out ofthe saidrevcnue& such sums as shaD become payable under certain - other provisions therein contained. The Treasurer ol tlie Waste Lands Board shall, therefore, pay outof all a the funds coming into his hands under these regulations all such sums for the above-named puiposes, in such manner and to such persons 89 the Governor obeli direct,
V. —PUBLIC RESERVES. 19. Reserves for the uses of the Provincial Govcrnn e:it and tor other j üblic purprsts may, upon ihe ecouimendution of tie Provincial Council, be nutde by the Superintendent; and shall not be aliei:atid from Ihe specific pillposs to which they shall have h- en severally d< d c ted, excej.t um'er the provisions f an Act oi' the (jinernl Asscml ly, eutituled thr ' Public Reserves Ac.t, 1^54;" and a full and compete description of eveiy such reserve and of the nurnoscs to which it shall lmvp I'Cen dedicated shall. a soon as possible after it sh: 11 have been made, he i.uhli: h (1 in the C ovi'minent C a ette of the Province, and set forth on the authenticated maps in the Land Office. Provided that the fuperintt ndent may. it the Piovincial Council b» not 1h usitting,temporarily reserve land for sueli j urposcs uatil the .next session of such Council.
20. R. s ives fjr public highways, bridle-paths, and I foot-path*, shall be made by the Superintendent, and shall he set forth on the authenticated maps in the Land Office. The Superintendent and the Provincial Council may by Ordinal cj alter the line of any such highways, bridle-paths, mid foot-paths, and dispose of the laud 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 so reserved upon a resolution of the Provincial Council.
22. The Superintendent may, upon the recommendation of the Provincial Council, by proclamation in the Government Gazette, reserve from the operation of these regulations any tract of country in which the precious metals mny 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 and 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 be determined by the Superintendent and the Provincial Council; and having been so determined, for each town severally, shiJl 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 Gazette, and one or more newspapers of the Province, at least thirty days before such sale shall take [>lace. 20.: No such notification of any sale of town lands ■shall be published until a map oi 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 far as laid out, showing the sections to be submitted for sale, and the public reserves in connection with them.
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 such application, deposit ten per cent, of the upset i price with the Treasurer of the Waste Lands Board. Such deposits shall, if no advance on the upset price oe 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 clays at least before any such auction sale, ja list of all the sections about to~be offered for sale shalFbe published in the Government Gazette, and one or more newspapers of the Province. 30. Every' auction sale of land shall be held by the i Commissioners in open court as hereinbefore provided.
31. The person who shall be declared the highest hider at such auction shall immediately pay a deposit often per cent, of the purchase money to the Treasuror, and in default thereof, the section shall be again immediately put up to auction. paid to the Treasurer in full, within one week after 32. The remainder of the purchase money slial Hv the day of sale: and, in default thereof, the pu; chase shall forfeit his deposit money, and also al right or title to the land ; and the section may be sold to any person applying for the same for the price at wliich it was knocked down at the auction; and, if not so sold, the section may be again put up to auction at any future sale. 33. Upon payment of the purchase money in full, the purchaser shall receive from the Commissioners a " License to Occupy," in the form get 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 puichased. VII. —RUBAI, LAUD, 34. All lands not included in any of the foregoing regulations shall be open for sale as rural land, at an uniform mice of forty shillings per acre. 35. Save as hereinafter provided, no section of 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 of sale, and payment of purchase money to be as nearly as may be iii accordance with the regulations herein contained applicable to the sale of Town Land. Provided, nevertheless, 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. 36. Every section of rural land shall be m one block, and, except as hereinafter provided, of a rectangular form, and if bounded by a frontage line .shall be of a depth of half a mile (or 40 chains) from such frontage. Note.—A frontage line shall be taken to mean the boundary of a road, river ; or public reserve, or any stream or watercourse winch 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 rom 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 the 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 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 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 form that the two together, being considered as one section, shall be in,the form required for a single section under the foregoincr 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 laud shall be laid off by a Government Surveyor, as nearly in accordance with the description given by the purchaser in his application as these regulations -will admit; 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 amount of the estimated cpst of such surveys with the Treasurer of'tli'e Waste Lands Board, which shall be made as soon as practicable, by order of the Chief Surveyor. Provided a'ways, that should any section when surveyed prove to differ 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 tlje 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 ca^e, be amended by the Commissionei's, 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 pi'O^vn Grant shall be ssued.
41. Any person making a ditch and bank fence on 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 ditcli *or bank shall be more than six feet in width. VIII. —COMPENSATION LANDS.
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, unon application to the Waste Lands Board, be entitled to a gTant 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 eveiy 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 damage as aforesaid. 43. If any person shall contract with the_ Superintendent to make and complete, within a given time, any public road, bridge, or drain, or any part of any sucb road, bridge, or drain, furnishing such security aB 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 compensation, or by way of part piiy-
nient or compensation for such work; it shall bo law-j ful for the Superintiiiflcnt to reserve such portion of land from pubiio tale for such given time but no longer; ami such pi rcon shall, on the completion of -uch contract, be entitled to a free giant of such land, or so much thereof us the lionrd sha'l adjudge, not exceeding' one acre for every two pounds sterling which the Superintendent shall certify to the Waste Lands Board to be the bonri jide value of the work so ■lone by such person according to the prices for work and materials at the tinia 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, us directed in clause 19 of these Regulations.
No such reservation shall continue in force for 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 04 anil |J6 to these Regulations. No greater amount of land than 250 acres shall under the provisions of this clause be reserved or "ranted 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 lana so i under these Regulations ; provided also that no application for less than 20 acres shall be received under this clause, but that where any amount of compensation awarded by the Board shaft 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 ns 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 fjj'ant 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 same.
46. Any person applying for a pasturage license shall state 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 120 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 montlis 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 one block, and, as far as circumstances will admit, of a rectangular form: the frontage, under ordinary circumstances, shall not be greater than oner-half the depth. 49. The fee to be paid for the license shall be at the ollowing rates:—For every run containing less than 1000 acres, twenty shillings for every hundred acres ; for every run containing 1000 acres, and not less than 5000 aei ra, two»pence per acre for the first thousand and one penny per acre for every acre in addition. For every run rontaininer 5000 acres or upwards, one farthing per acre for the fust and second years, one half-penny per acre for the third and fourth years, 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 tp the first day of May next following. 50. Kfo pasturage license shall be granted for a less annual/lee 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 g^)od cause to the contrary be shown to the satisfaction of the Waste Lands Board, be considered as abandoned. 52. Every 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 endorsement from year to year, until the land specified therein shall be purchased, granted, or reserved under these regulations; and the fee to be paid in respect of such license shall not be altered until the Ist May, 1870. Such license shall give no right to the soil or to the timber, and shall immediately determine over any land which may be purchased, granted, or reserved under these l-egulations. A reasonable right of way shall be allowed through all pasturage runs. 53. It 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 tliree 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 of 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. In any case in which a runholder can proye 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 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 pf stock', and will undertake to place the same n the run at the expiration of such peoipd. 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. 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 forfeited, within CO 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 not stocked will be required to deposit wilh the Treasurer the sum of ten shillings for every hundred acres included hi 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 i ■• respect to stocking a run, and to the lodgment of t< l money with the Treasurer, shall not apply to ru I. '.containing 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 ol his run at a rate not exceedinef2os. for every thousand acres.
CO. 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 run of not less lian 1,000 acres and not more than 5,000 acres, over a block of land comprising and circumjacent to his homestead to the 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 such other improvements as shall in the judgment 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 occupied or improved. 61. The Licensee shall at the time of his application to the Board give a sufficient description oi the lands over whicn he claims such' pre-emptive right, to the satisfaction of the' Chief Surveyor. And the same shall be marked oft'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 him in the exercise of such right shall be subject to the regulations as to ibrm and frontage herein contained.
G3. The Waste Lands Board shall not receive noi entertain any application to purchase, from nnj person other than the runholder, the aforesaid blocn nrouud the homestead or principal station which doe.not include the whole of sucli block.
G4. Tl:e right of pre-emption hereby given shall bt exercised wifliin one week for all lands 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 Waste Lands 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 personalty 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 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 lie 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.
CO. If the holder of the pre-emptive right decide upon purchasing any portion of the land applied for, lie 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 purehiise 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 00 of the Waste Lands Regulations shall neglect or refuse to purchase any portion of the hind 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 not been included in any pre-emptive right.
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 nnd fifty-six, be taken and deemed to be pasturage licenses over the lauds included therein, upon the terms of these Regulations, with a preemptive right over till such land, to be exercised subcct to these Regulations as regards notice of application, payment of deposit, purchase money, price oi laud, and size and shape of blocks. If the land covered by such pre-emptive right shall be included witliin the limits of a run held by license undei-i 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 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 license under the Canterbury Association or the Crown sh-.ill 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. 69. If any person exchanging his license shaJl for 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 ot improvements having been effected by the licensee of a run on any land wliich shall be reserved by the General Government or by the Provincial Government under these Regulations, the licenscee 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 o 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 I same.
72 All payments to be made on account ot pasturage runs before the first day of May next ensuing shall be made for the portion of the year only whicu shall elapse between such day of payment and the said first day of May.
73. In calculating the amount of the license fee and the stock required to be on the run, the yew 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 t>< the Superintendent and Provincial Counll, at any time, and from time to time, be proclamation in the Government Oazette 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 Cx-own within such reserved districts. TIMBER, 75. If any tract of lgnd 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 witliiD such time may be again put up to public auction. 76. No person sh,all, without a license, cut or remove any timber from any Waste Lands or 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 cosfe of recovering the amount of the same. 77. Every license for cutting or removing timber shall be issued for one monOi, 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 yeariy 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 Iransferable.
79. A license to cut timber shall extend only to the! district named therein.
j 80. If any person duly licensed shall have established a saw-pit for the purpose of sawing timber, no other person shall cut timber within 50 yards of such pit without consent of the person first occupying such saw-pit; provided that if the person establishing such pit shall not use the same, and shall not cut timber within such distance as aforesaid from the pit for 28 consecutive days, it shall be lawful for any other holder of a license to enter thereupon, and to cut timber as though such pit had not been established.
; 81. If any person shall, for the purpose of removing timber, have made a road upon land being the Waste Lands of the Crown and not being a highway, it shall not be lawful for any other person to use the same without the pel-mission 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 shall be lawful for any holder of a license at any time therealter to use the same.
82. If any person holding a timber license shall be proved before the Waste Lands _ Board to Jiavt offended against any regulations herein contained respecting timber, or to have wilfully or negligently inured or destroyed by fire or otherwise any timber belonginjr to the Crown, such license shall be, and shall be immediately declared to be forfeited, and it shall bt at the discretion of the Board to refuse to issue another timber license to the same person.
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Otago Daily Times, Issue 132, 18 April 1862, Page 7
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6,312REGULATIONS Otago Daily Times, Issue 132, 18 April 1862, Page 7
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