OTAGO LAND REGULATIONS.

Otago Daily Times, Issue 139, 26 April 1862, Page 7

OTAGO LAND REGULATIONS.

As considerable uncertainty seems to prevail re. specting the exact provisions of the Land Regulations of the Province of Otago, we have thought it advisable to lay before our readers such an obstruct of them as may serve to guide intending purchasers. By proclamation, published in the " Now Zealand Gazette" onthe 12th February, 1856, and afterwards published in the " 0ta.30 Provincial Government Gazette/ a series of Land Regulations was issued, to supersede any previously in force. The first ami second clauses provide merely for the repeal of former regulations; and the substitution of the new ones. Clause 3 provides for the division of the Waste Lands of the Crown into the two classes of Rural Land and Town Land, reserving to the Superintendent and his Executive Council the power to declare that any land shall cease to belong to either class, and be considered as belonging to the other :— TOWN LAND. 5. All town land shall be sold by auction according to the Regulations hereinafter prescribed for auction". The upset price of allotments of such land shall be fixed by the Waste Land Board, subject to the approval of the Superintendent and his Executive Council. .Note. —Town Lands are sold in allotments or sections of one quarter acre each, and the usual upset Erice is £12 10s. per quarter section. By the Town and Sales' Ordinance, 1857, the Waste Land Board has power to deviate from rule No. 5, and to sell town lands without putting them up to auction, but to sell to any person petitioning and showing cause at a price to be fixed by the Board, with the conseht of the Superintendent. In practice this course is only resorted to where land which has been rural land and remaining unsold has been laid out as a town, and persons have houses or improvements erected upon such land; or where, for public convenience, permission is granted to erect buildings before a town can be surveyed. In such cases the price fixed by the Board is the average price for which the adjoining sections have sold at auction. By the same law the Board has power to sell to religious bodies one acre of town land, for the site of a church or other building for religious purposes at the upset price. RURAL LAND. 6. AH rural land shall be sold at a uniform price of LI per acre, subject to the conditions hereinafter contained. / Note.—Prior to the Ist November, 1860. the price of rural land was 10s. per acre. This alteration was made by proclamation of the Governor, in accordance with a resolution to that effect, passed by the Provincial Council of Otago. The conditions alluded to in clause 6 are embodied in the following clauses. 7. Every applicant for the purchase of rural land shall, except as hereinafter provided by clause No. 13 on payment of LI per acre for the land specified in his application, or for such part thereof as shall be granted to him by the Waste Land Board, receive from the said Board a certificate entitling him to take possession of the land therein specified under an obligation as a condition of purchase to lay out upon the said land within four years from the date of such certificate, in money or labor, for all improvements including buildings and fences, a sum equal to 40s. per acre. 8. Every holder of a certificate as aforesaid snail be entitled to demand and receive a Crown grant in fee of the land specified in such certificate, so soon as he shall have proved to the satisfaction of the Waste Land Board that he has fulfilled the conditions of purchase hereinbefore provided by clause 7. 9. No holder of a certificate as aforesaid shall be entitled to assign the land specified therein until he shall have obtained the consent of the Waste Land Board, and on such consent being given the person to whom such land shall be assigned shall, on payment of a fee of 20s, be registered by ■ the said Board as the proper occupier of such land, and shall be entitled to a Crown grant as aforesaid, so soon as all the conditions and obligations incumbent on the original grantee shall have' been fulfilled. . 10. Every application for the purchase of rural land shall be made to the Waste Land Board, in a form to be by it prescribed, and its decision on such application shall be given on such day as it shall appoint, at which time the applicant shall deposit LI per acre for the land applied for him. 11. In the event of two or more persons having made application for the same land on the same day, such land, if the Board shall decide that it should be sold, shall be put up for sale by auction at an upset price of LI per acre, the said applicants alone being allowed to bid for the same. ' Note. —In reference to this clause it is necessary to observe that the original intention was that each pei-son should apply only for the particular lot he intended to purchase, bnt owing to the inconvenience of this arrangement the practice has arisen of each applicant applying for the whole block and then bidding inly for the allotment he requires. The putting in an application involves no responsibility, as the applicant may if he choose refrain from bidding. 12. No application for a less quantity than 10 acres of rural land shall, except as hereinafterprovided by clause 19, be granted by the Waste Land Board, and the land specified in every application shall, so far as the features of the country and the survey of the Province will admit, be of a rectangular form, and, when fronting a river, lake, road, or coast, be of a depth not less than twice the length of the frontage ; provided always, that under special circumstances, the Waste Land Board may deviate from such rule, and may also permit proprietors to comple their properties by the purchase of adjoining lands ofjrregular shape and of small extent, provided such purchase shall not unduly interfere with the advantageous division of the adjoining land into convenient allotments. 13. Phe Waste Land Board at the time of any- application for unsurveyed land being granted, or as soon as conveniently may be thereafter, shall inform the applicant that the land applied for by him will be surveyed at the expense of the Government; or, that the applicant must have the land surveyed at his own expense by a surveyor to be autorised by the said Board, and every survey made by such surveyor shall be approved by the said Board before the applicant shall receive a certificate entitling him to take possession of the land specified in his application. 14. In every case when an applicant shall have had land surveyed at his own expense as aforesaid, he shall be entitled to receive an allowance at the rate of ten acres for every 100 acres so surveyed, as compensation for the cost of survey. 15. Every survey to be performed at the expense of an applicant shall be completed and delivered at the Waste Land Office within six months after the day on which his application was granted; and in default thereof it shall be lawful for the Waste Land Board either to have the land surveyed and charge the expense to the applicant, who shall pay the same befere lie shall be entitled to receive a certificate ns aforesaid, or it shall be lawful for the sajd Board todispose of the said Land to any other applicant, and in such latter case che money deposited by the first applicant shall be returned to him, on demand after one tenth part thereof as a forfeiture for his default; or in case the first applicant shall refuse to accept the said land after it shall have been surveyed the money deposited shall be returned to him on demand, after deducting one tenth part thereof as a forfeiture for his default, and such further sum as may be necessary to cover the expense of such survey Note.—These clauses 13, 14, and 15, hove fallen into disuse, the Provincial Council having resolved that it was not advisable to sell land previous to its being surveyed. All land is now surveyed liy the Government prior to its being offered for sale, and the practice of the Waste Land Board is to advertise that » particular block of land has been surveyed, laid off in sections, nnd will be open for application on 8 given day, stated in the advertisement, being between one and two months from the date of advertising, and that the maps may be seen at the Land office. The object of this rule is, that the whole-of the public may have an equal opportunity of making selections nnd of examining the land before applying, an advantage which would otherwise be only possessed by those acquainted with the exact state of the work in the Land and Survey departments. On the day stated in the advertisement, application are made at the Land officn, and as the land in the newly surveyed district is in great demand, selling often considerably beyond the upset price, it has become the habit of the applicants to apply for the whole of the sections in the block, in order that they may have the opportunity of bidding for any section should they fail to obtain the one they particularly desire, which could not be done had only one section been applied for. The Waste Land Board by clause 33 of the regulations is bound to post all applications in a room at the Land Office, open to the public, for a period of not less than ten days; and nny person may object to the granting of an application, in-which case the application, instead of being decided by the Chief Commissioner as a matter of routine, is referred to a meeting of the Waste Land Board. For the public convenience, the particulars of the applications received are advertised in the local papers, as well as being posted in the Laud Office and a day is stated on -which the decision will be given. In the case of two or more applications being made on the same day, the decision must, by clause 11, be, that the land be put up to auction between the applicants. On the day of decision the applicants must attend personally or by a duly authorised agent, and the highest bidder becoming the purchaser, must pay down the full amount of purchase nioney. Should there be but one applicant for any quantify of land, it is granted to the applicant as a matter of routine, at £1 per acre. Should there be no applications for a newly surveyed block on the day on which it has been advertised as open for application, it remains open for nppiiration at any time, the Applicants having priority according to the date of their applications. ; 16. It shall be lawful for the Superintendent,_with the advice and consent of the Provincial Council, to reserve from sale and set aside for public uses, any land within the Province of Otago, and such reserves shall be dealt with by Ordinance of the Superintendent and Provincial Council. .: 17. It shall at any time be lawful for the .Waste Land Board, with consent of the Superintendent and Executive Council, to offer for sale' by auction, or to diapos#»f bj lease, w hewijwftw provided, »nyl«jd

which shall be depmed to possess special value, as containing mineral?. . 18. It shall be lawful for the Waste Land Board, with the consent of the Superintendent and his Executive Council, to refuse to grant the application of any person for any land- if it shall appear to the said Board that the sale of such land would be injurious to the public interests : Provided also 1 that it shall be lawful for the said Board, with the like consent, to receive and grant applications from any person for the purchase of any rural laud upon which timber shall be standing in such quantities as the saidßqarid shall see fit; and at the same price per acre as is hereinbefore fixed for the sale ot other rural land. MINERAL LAND LEASES. 19. It shall be lawful for the Waste Land Board with the consent of the Superintendent andhis Executive Council, to grant upon the following terms and conditions, and upon such other terms aud conditions as they shall deem necessary, to any person applying for the same a lease of laud containing, or supposed to contain, minerals : — 1. That the lease shall comprise so much land, not being less than five nor more than eighty acres, as shall in the opinion of the Waste Land Board be necessary for Hhe efficient working of the minerals. # '■'"■ 2. That the term to be granted shall be any number of years not exceeding twenty-one, at the option of the lessee. . 3. That there shall be reserved a royalty 6r rent of one-fifteenth of the minerals to be raised, except on coal, in respect of which the royalty or rent shall be nominal, provided the object of such lease shall be to have coal brought to market in abundance, and at the lowest price. 4. That the lease shall contain the usual clauses introduced into mining leases—l. Por securing payment of the royalty or rent. 2. For enabling some personon the part offthe lessor from time to time, to enter and examine the mine. 3. For securing the regular, proper, nnd efficient winning and working of the minerals. 4. For making void the rlease on breach by the lessee of the covenants therein contained. 5. For delivering up the property at the termination ot the lease iv good tenantable repair. 6. For enabling the lessee to abandon the working of the minerals whenever he shall find the same unprofitable to work, and to surrender the lease. 20. Every application for a lease shall be sent in by the applicant, anddealtwithbythe Waste Land Board, as hereafter provided by clause No. 36, and intheeventef an auction taking place, the upset priceforanylease not exceeding the term of twenty-one years shall be a royalty or rent (coal excepted, as hereinbefore mentioned) of one-fifteenth of the minerals to be raised. 21. The land comprised in any mining lease may, at the request of the lessee, at any time after an occupation of three years, be put up for sale by auction, subject, to the lease thereof already granted, at an up ? set price to be fixed by the Waste Land Board, with the concurrence of the Superintendent and his Executive Council. "> ■ ; 22. Every applicant for a mining lease shall furnish to the Waste Land Board within a < timer "to be fixed by the said Board after the application shall hirye been agreed to, a plan and description of the land to be leased, which plan and description shall be made and prepared by a surveyor to beapprovedof by the said Board. . AUCTIONS. ' ' i 23 to 26. Regulate the forms of sale by auction. Ten per cent, of the purchase money ?inust be'/depo^ sited at the time of sale, in every instance (excepting in case of auctions between applicants undec. clause 11), and the remainder must be paid within one month, on pain of forfeiture of the deposit. FEES FOR CROWN GRANTS. 27. Fees on Crown Grants shall be paj'ablfebefore the delivery of every Crown Grant, and shall not exceed 20s. in each case. WASTE LAND BOARD. 28. Provides for the adjustment of claims under temporary regulation in force prior to Ist April, 1856. . :; : ; •■■■ 29. Waste "Land Board established to consist of Chief Commissioner, and at least two other Commissioners, to be appointed and be removable by Superintendent. 30. A Treasurer to Waste Land Board to be appointed and removeable by Government. 31. Salaries of officers, 32. All business connected with sale, &c, of waste lands to be transacted by VVaste Land Board. .33. Particulars of applications for sale, &c,, of waste land to be posted at the office of the Board, in a room open to the public, for not less than ten days before application decided on. 34. Before any application shall be decided on any person may give notice in writing to the Waste Laud Board that he intends to dispute the granting of such application, and if such person shall at the same deposit with the said Board the sum of £5 no such application shall be decided on, except at a meeting of the said Board, after an opportunity shall have been given for afull hearing of all parties. "The £5 so deposited, or any part thereof, may be appropriated in payment of costs of either ' party or returned to the person depositing the same, at the discretion of the said Board. 35. Every application in reference to which no such notice shall have been given, shall be disposed of, and all the routine business of the Waste Lands Office, shall be transacted by the Chief Commissioner, subject nevertheless to reconsideration and revision by the said Board. . 36. Every application in reference to which any such'notice as aforesaid sliall have been given, and every dispute and difference relating or incident to the sale, letting, disposal and occupation of the Waste Lands of the Crown, or to any act done under these Regulations, or to the interpretation or meaning thereof, shall be heard and determined at meetings of the said Board. 37. Every meeting of the Waste Land t Board shall be attended by at least three commissioners, and shall be open to the public. 38 v Notice of every such meeting shall be posted in some conspicuous place in the office of the Waste Land Board for not less than three days previous to such meeting. '■ , 39. The decision of the Waste Land Board on all matters to be by it heard and determined shall be final and conclusive; provided always that the said Board may, on the application of any person, grant a re-hearing of any case decided by it, if it shajl think that justice requires it ; and, on such re-hearing, may reverse, alter, or modify any previous decision in the Baine case. . ?■".«" s 40. Board to keep a record of its proceeding's open to public inspection. I 41. Copies of all letters, _&c, to be kept at .Waste Lands Office, open to public inspection. '- PASTURAGE REGULATIONS. 42. It shall be lawful for the Waste Land Board to grant Licenses for the occupation of the Waste Lands of the Crown outside of the boundaries of proclaimed Hundreds for the purpose ot depasturing stock, and tj require every person applying for such license, to deposit with the Waste Land Board the sum of £20 which, so soon as the run applied for shall be stocked to its satisfaction, shall be returned to the applicant; but in the event of the applicant neglecting so to stock to stock the said run within the space of six calendar months from the date of his application, or within such further time, as the Waste Land Board may at the expiration thereof (if it shall see necessary) appoint, the sum so deposited shall be forfeited to the Waste Land Board. 43 to 47. Empower the Board to repel trespasses, and distrain for moneys due, &c. ASSESSMENT CN STOCK DEPASTURED ON CROWN LANDS NOT BEING WITHIK THE LIMITS OF A HUNDRED. 48. No person shall depasture cattle on or otherwise occupy any Waste Lands of the Crown without a license for that purpose iv such form and subject to such conditions as the Superintendent by and with the advice and consent of the Provincial Conncil of the Province of Otago Bhall from time to time prescribe. . 49. Any person depasturing cattle on any of| the Waste Lands of the Crown not being within-the limits of a Hundred, shalhinake or cause to be made to, and deposited with the Waste Land Board in the month of September in every year, a Return according to the form contained in the Schedule hereto annexed marked A, of all such cattle in his possession on the first day of the said month of September. And if any such person shall fail to make or cause to be made, such return at the time so appointed, or shall omit to deposit the same with the Waste Land Board in manner hereby required, he shall forfeit and pay for every such offence any sum not less than forty shillings nor more than twenty pounds, to be recovered in a summary way, And if any person shall knowingly make any false statement in any such return he shall forfeit and pay for every such offence any sum not less than fifty pounds, nor more than one hundred pounds, to be recovered by action in the Supreme Court, at the suit of the said Board. . 50. There shall be levied and paid in advance in each and every year, for and in respect of all cattle depastured and kept upon any such Waste Lands of the Crown, the assessment following, that is to say :— For every head of Great Cattle —Sixpence. For every head of Small Cattle—One penny. Which assessment shall be paid by the person depasturing such cattle to the treasurer of the Waste Land Board, on ,or before the first day of December in every year. ■ . 51. The Waste Land Board shall, on the first day of October in every year make an assessment; of the cattle depastured as aforesaid, and shall make a yearly report therof to the Superintendent, and also to the Treasurer of the Waste Land Board,' in the form and containing the several particulars set forth in the Schedule to these Regulations annexed, marked B ; according to which report such yearly assessment as aforesaid shall be paid at the time and in- the manner aforesaid. % " 52. On or before the first day of November in every year, the Waste Land Board shall cause a, notice, in the form set forth in Schedule C hereunto annexed, requiring payment of- such assessment as aforesaid, to be served upon the person liablo^fQr the pajiatnt of th« tame, or to b« left »t hU wu*s place

f.of abode, or with the overseer or person having the charge of the" cattle in respect of which such assessment shall be wade. 53. In case the sum demanded shall appear to the person:who shall be required to pay the same to be an overcharge, it shall be lawful for such person to appeal 'against such assessment to the Waste Land Board : Provided, that notice, in writing, of appeal and the grounds thereof shall be given to the said ]soard by the person appealing within fifteen days after notice of such assessment shall have been served as ;vforesaid; and the said Board is hereby' authorised and required to hear and determine the matter of such appeal, and to make such ordertherein as to it may seem meet. 54. In.case any person liable for payment of such assessment, of which due notice shall have been served as aforesaid, shall refuse or neglect to pay the amount due within the time prescribed by these Regulations, it shall be lawful for the Waste Land Board to issue a Warrant directed to a Constable to levy the amount so due, with interest at the rate of eight pounds per centum per annum, by distress and sale of a sufficient part of the cattle, or other goods and chattels of the party liable, in like manner as in case of rent in arrear between landlord and tenant. ■■. 55. If at any time the amount payable by any party for any such assessment, shall be in arrear and unpaid for three calender months after the same shall become due, it shall be lawful for the Waste Land Board to declare by notice, to be published in the "Provincial Government Gazette." that such person has forfeited his license, and such person shall thereupon be liable to be proceeded against under the provisions of these Regulations as an unlicensed occupier of Crown Land. .Provided, that such notice may at any time be revoked by the authority of the Waste Land Board; and thereupon such license shall be deemed to be again in full force. Such re-vocation to take effect from such .time as the said Board shall, in that behalf provide in a notice to be published in the "Provincial Government Gazette." MANAGEMENT OF LANDS WITHIN THE LIMITS OP A HUNDRED. 56. Whenever the Governor shall, by Proclamation, have divided the Province, or any part thereof. into Hundreds, the rights of pasturage on Waste Lands of the Crown in any such Hundred, and the apportionment of the same, shall be exercised and enjoyed exclusively by the persons who shall take out a Depasturing License, as hereinafter provided; being pensioners enrolled for service in New Zealand, or persons of the native race, or half-castes, respectively, or others occupying land within the Hundred with the permission of the Government, or of the Waste Land Board. 57. A depasturing license shall be granted to every such occupant who shall apply for the same to the Waste Land Board, on or before the first day of January in each year, provided that he shall have deposited with the said Board a return in the form of Schedule D hereunto annexed, of the number of acres occupied by him as aforesaid. 58. Everey such license shall commence and take effect on the first day of January, and shall continue in force for one year. 59. For every such license there shall be paid to the Waste Land Board the sum of ten shillings. ' . 60. As soon as conveniently may be. after the Ist day of January in each year, the said Waste Land Board shall publish in the " Provincial Government Gazette" a list of the persons to whom and the names of the Hundreds in respect iof which such licenses shall have been granted, and at the same time and in like manner the said Board shall call a meeting of such persons in each Hundred, for the purpose of electing from amongst themselves, by a, majority of votes, any number of persons to act as Wardens, not being less than three, as the said Board shall in such notice direct and appoint; and such persons shall continue in office until the election of their successors, and shall have the regulation and apportionment of the right of pasturage within the Hundred for the then current year, or until some other regulation and apportionment thereof shall be lawfully made in that behalf. 61. The persons whose names shall be comprised in such lists, shall have the exclusive right of pasturage on the Waste Lands of the Crown within the Hundred in respect of which they shall hold such license. 62. At every meeting to be held for the election of Wardens, a person appointed by the Waste Land Board shall preside, and in case of an equality of votes at any such election, such person shall have a casting vote. ' .63. In the event of the death, resignation, or refusal to act of any of the persons so elected as aforesaid, the vacancy shall be filled up by an election, to be conducted iv manner hereinbefore provided. 64. It shall be lawful for the Wardens, at any time within two calendar months after their election, to compute the quantity of cattle capable of being depastured on the Waste Lands of-the Crown within the Hundred, to determine the description of cattle to be depastured thereon; and to apportion the. number of great cattle and small cattle which may be depastured for the then current year by each person holding such license as aforesaid. 65.' The regulations so to be made shall be agreed to by a majority of the Wardens, and a copy of the same under their hands shall, as soon as conveniently may be, be furnished to the Waste Land Board for publication iv the "Provincial Government Gazette." 66. In case the Wardens shall neglect to make such Regulations within the period aforesaid, all the powers hereinbefore given to such Wardens shall be held and exercised by the Waste Land Board. 67. For the purpose of providing for the safety of the cattle to be depastured within any Hundred, for improving- the run, for preventing the intrusion and the depasturing thereon of cattle belonging to, or under the charge of any unlicensed person, it shall be lawful for the Wardens or a majority of them, from time to time to make such bye-laws (not being repugnant hereto), as to them may seem meet, and by such bye-laws to impose any fine not exceeding five pounds, to be recovered in a summary way upon any Eerson offending against the same, and such byeiws shall extend, and be applicable^ not only to persons to whom such licenses as aforesaid may have been issued, but to persons to whom no such licenses shall have Deen issued, and to all unenclosed lands situate within the limits of the Hundred ; provided always that no such, bye-laws sh-ill come into operation until they shall have received the assent of the Waste Land Board. 68. It shall be lawful for the Wardens of any_ Hundred, or the majority of them, to authorise the transfer of any such license as aforesaid, from the person to whom the same may have been issued to any ether person being an occupant of land as aforesaid situated within the limits of the Hundred in respect .of which such License may have been originally issued; provided also that the notice of such, transfer shall be given to the Waste Land Board, 69; It shall also be lawful for the Waste Land Board to issue such Depasturing Licences as aforesaid, on payment of a fee of 10s. at any time for the remaining portion of the then current year. 70. For the purpose of providing the means for carrying into effect all or any of the powers hereby given to the Wardens of any such Hundred, any defraying the expenses incident thereto, in the erection and maintenance of Pounds; the appointment of Bangers or other officers, or otherwise, it shall be lawful for such Wardens, if they shall deem it expedient so to do, to levy and raise for the then current year, for and in respect of all cattle depastured on the Waste Lands, of the Crown within the Hundred, an assessment not exceeding . For every head of Great Cattle ss. For every head of Small Cattle Is. to be paid by the person depasturing such cattle, at the time and in manner to be appointed by the Wardens imposing any such assessment. . 71. In case any person liable for.the payment of any such assessment, shall neglect or refuse to pay the amount due in respect thereof, it shall be lawful for the' Wardens, or any two of them, to issue a warrant under their hands; directed to some constable, to levy the amount so due by distress and sale of a sufficient part of the cattle, and other goods and chattels of the party liable, in like manner as in case of rent in arrear between landlord and tenant. 72. Within one calendar month after the election of the Wardens for any Hundred, the Waste Land Board shall pay over to any person such Wardens may" appoint for that purpose, all moneys that it shall have received for Licenses in such Hundred, which sums shall be applicable under the direction of the Wardens'to all or any of such purposes as the assessment they are authorised to levy may be applied. 73. The Wardens shall in. a book; to be kept by them for that purpose, enter true accounts of all sumsof money by tliem received and paid under the authority of these Regulations, and at the close of the year for which they shall have been elected the said Wardens shall furnish a copy of such book to the Waste Land Board for publication in the " Provincial Government Gazette,", and shall pay overdo the Wardens for the ensuing year the balance of such moneys (if any) remaining in their hands, and shall conform to and observe all such Rules and "Regulations as may from time to time be made by the Waste Land Board for securing the due application of the moneys to be raised under the authority hereof' , . 74. If any person not being so licensed as aforesaid, shall depasture any cattle on the common Waste Lands within any Hundred, or being so licensed shall depastre on such Waste Lands as aforesaid a greater number of cattle than shall havebeenapportionedto him, every such person shall be liable to the same penalties and proceedings as are herein after provided for the unlawful occupation of Crown Lands. 75. If any cattle shall be found unlawfully trespassing upon any lands or public roads within the limits of a Hundred, whether such lands shall be the property, of the Crown, or shall belong to any private person, and whether such lands shall be fenced or not it shall be lawful for any of the Wardens of such Hundred, or for any person authorised by them, to impound the cattle so trespassing in any public pound, to be dealt with according to law..

UNLAWFUL OCCUPATION O? ; CROWN' LANDS. 76. If any person shall occupy any Waste Lands of the Crown, either by residing or by erecting any hut or building thereon, or by clearing-, enclosing, or cul-, tiratinpr any port thereof, or shall fell, remove, or sell the timber growing or being on any such, land, or otherwise unlawfully occupy th»Mtn« without baying

a lease or lice use for such purpose respectively, every such person sliall, on conviction for any of theofFences hereinbefore mentioned, forfeit and pay any sum not exceeding fifty pounds, to be recovered in a summary way ; Provided that no person shall be convicted of any of the qttup'ccs aforesaid, except on the information or complaint of the Waste Land Hoard, or of some person by it duly aut oriscd in that behalf. . 77. If any person so convicted as aforesaid shall, for tha space of one calender month, continue in possession or occupation of such land, or otherwise persist in the unlawful act for which he shall have been so convicted, every such person shall, upon conviction of r.ny such further offence, upon such information or complaint as aforesaid, forfeit and pay any sum not less than five pounds, nor more than fifty pounds, to be recovered in a summary way. 78. Nothing herein contained sliall be construed to prevent any licensed occupier of Crown Lands, or his agent or servant, from cutting for t his own use such tinib-r on the lands so occupied by him as is ordinarily used, and as may be- necessary for domestic purposts for firebote, fencing, stock yards, or other conveniences, for the enjoyment of the said lands, unless such timber be reserved by the Superintendent for public purposes, and the licensed occupier shall have been warned of such reservation. 79. No possession or occupation of any Crown Land had, rr taken by virtue of any license as aforesaid or by depasturing under the provisions^ these regulations or otherwise, shall be construed to give any title whatever against the.' Crown, or to alter or aftect in any respect the rights of Her Majesty, her heirs, and successors iv respect of any such lands. 80. If any cattle shall be found unlawfully trespassing upon any Crown Lauds, whether the same shall be fenced or not, it sliall be lawful for the Waste Land Board or for any nerson by it authorised in that behalf, generally or in the particular case, to impound the cattle so trespassing, in any public pound, to be dealt with according to the law; provided that the Waste Land Board shall not, nor shall any person acting under its authority^ be authorised or required to impound cattle trespassing upon Lands forming any part of any defined Run, unless such cattle be found trespassing in defiance of an adjudication made by the said Board with respect to such land. 81. In any action, suit, or proceeding against any person,. for, or in respect of any alleged unlawful ocenpation, trespass, or use of or upon any Crown Lands, the proof that the occupation or use in question was authorised by the provisions of these Regulations, or of an Order or Regulation made in the pursuance thereof, shall lie on' the Defendant. And the averment that any lands in question are Crown Lands shall be sufficient without proof of such fact, unless the Defendant prove the contrary. And all maps, plans, liceases, certificates, and office copies, certified as true • under the hands of the Government Surveyor or of the proper officer of his Department, or of any member of the Waste Land Board shall, in all matters relating to the said respective offices, be sufficient evidence of their contents without production of original record, and without the personal attendance of such officers, or proof of their signatures. 82. Every licensed occupier of a run shall have a pre-emptive right to acquire by purchase at the rate of 10s. per^acre subject to the conditions of purchase hereinbefore contained, 80 acres of land at one of the Stations and 10 acres of land at each of the other Stations erected upon the said Run; and such land shall not be sold to any other applicant until-the offer of purchase shall have been made to such licensed Runholder, who shall be required to exercise his right of purchase within one month after the date of the offer so made to him, and in the event of the non-payment of the purchase-money within the period' aforesaid the Runholder shall be deemed to have declined to purchase, and the said land maj be sold to any applicant. And it shall be lawfiil'fo'r the Waste Land Board to require such Runholder to exercise any such pre-emptive right at any time after one month's notice, although no person shall have applied to purchase the said land. *83. Whenever any portion of land comprised in any Pasture or Timber license shall be purchased by any-other than the holder of sucb license, it sliall be lawful for the Waste Land Board to delay giving possession of the said land for any time_ not exceeding 3 months, in order to afford such license-holder a reasonable time for the removal of his property. 84. Every act, matter, or thing done by the ChicCommissioner under the authority of these Revelations shall be subject to revision by the Waste Land Board. 85. It shall be lawful for the Governor to pay, or cause to be paid out of the Public Treasury, or for the Superintendent to pay, or cause to be paid out ot the Provincial Treasury, the cost or charges of any suit, action, or other proceeding, which shall be brought by or against any Commissioner, Warden, Justice of-the Peace, Constable, or other person acting under the authority and in the execution of these Regulations. '..'.' 86. In the construction of these Regulations the word Governor shall be taken to include the Officer Administering the Government of New Zealand; and the word "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, goats, and swins, male and female, with their weaned offspring; and the word " Cattle" shall be construed to mean the whole of the aforesaid animals. For the purposes of these Regutions every word importing the masculine gender shall extend and be applied to a female, as well as a male, except where the context excludes such construction.