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REGULATIONS

FOX TUB DISPOSAL, SALE, LETTING AND OCCUPATION OP THE WASTE LANDS OE THE CROWN IN THB PROVINCE OE CANTERBURY: AS AMENDED. 1. A LL Regulations now in force in the ProXI. vince of Canterbury for the sale, letting, disposal, and occupation of the Waste Lands of the Crown are hereby repealed. 2.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 wliich these Regulations shall come into force, besold, let, disposed of, and occupied according to these Regulations, ond 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 fbr the time being-, and such advice sliall be recorded on the minutes of the Council. II.—THE WASTE LANDS BOABD. 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 as shall be appointed to act as Treasurer) sliall be appointed and be removable by warrant under the hand ofthe Superintendent. 5. One member of the Waste Lands Board shall also be the Treasurer thereof, and such member shnll be appointed and removable by the Governor. 6. The Waste Lands Board shall sit at the principal Land Office of the Province, at certain stated times to be determined by the Superintendent, aud shall also sit for special purposes at such places and at such times as the Superintendent shall direct; of whicli 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 those present nt any meeting ofthe Board, shall preside thereat, and shall have a casting vote in all questions coming before the Board. 8. All questions coming before the Board shall be decided by a majority of the Commissioners present thereat. .

9. AU meetings of the Board shall be attended by at least tliree Commissioners, and shall be open to the public. 10. All applications for Land nnd 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 disputes between the holders of Pasturage and Timber Licenses respecting the boundaries ot 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 provision's 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 during office hours at the Land Office, in which the name of every person desiring to make any application to the Board Khali be written in order by lumself or any person duly authorised on his behalf. And the Commissioners shall, during the sitting of the Board, consider and determine all applirations 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 authorisd on his beiml f before the Board when called in his turn, his appi.'ation shall be dismissed until his ntune shall appear again in the Book in order. Provided also that if two or more persons shall apply at the same time to write thtlv names in the Application Book the Chief Commisvpner shall bracket their ames, and shall initial the'bracket; and when they all 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. 34. 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 sigi.'id 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 horn's, on payment of the sum of two sliillings and sixpence for every such inspection. ill. —surveys. 15. There shall be a Chief Surveyor who shall be appointed nnd removable by Warrant under the hand of the Superintendent, and as many ssistant Surveyors as shall be necessary, who shall oe appointed and removeable by the Superintendent upon the recommendation of the Chief Surveyor. 10. All surveys shall be conducted in such manner as the Board by any regulations to be made in that behalf shall direct. IV. —THE UND REVENUE. 17. All payments to be made in respect of land shall be made to the Treasurer of the Board during the sitting thereof, and the Treasurer shall thereupon give receipts for the same. 18. —By the 6'ind 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-J

penses incident to the collection, management, and receipt thereof; and also to pay out of the said revenues 7 such sums as shaU 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 tbe above-named purposes, in such manlier and to such persons as the Governor shall direct. V. —PUBLIC 11ESEKVES. 19. Reserves for the uses ofthe Provincial Government and for other public purposes may, upon the ecommendntiuu ofthe Provincial Council, be made by the Superintendent; and shall not be alienated from the specific purposes to which they shall have been severally dedicated, except under the provisions of an Act oi" 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 sliall, as soon as possible after it shall have been made, be published in the Government Gazette ofthe 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. 20. Reserves for public highways, bridle-paths, and foot-paths, shall be made by the Superintendent, nud 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-patlis, and foot-patlis, and dispose of the land theretofore used for the same. 21. The Superintendent may temporarily reserve any land for the preservation or sole of the timber thereon; but such laud may at any time cease to be so reserved upon a resolution of the Provincial Council. 22. Tlie Superintendent may, upon the recommendation ofthe Provincial Council, by proclamation in 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 and under the same authority as these present regulations VI.—TOWN LANDS. 23. Tlie sites of towns shall be determined by the Superintendent, upon the recommendation of the Provincial Council, aud shall be notified by proclamation in the Government Gazette of the Province. 24. Town Lands shall be sold by public auction, in sections, the stee and upSet price of which shall be determined by the Superintendent aud the Provincial Council; and having been so determined, for each town severally, shall iiot 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 news- ' papers of tlie Province, at least thirty days before such sale shall take place. 26. No such notification of any sale of 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 tlie 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 ofthe Superintendent, or upon tbe application of some person who shall, at the time of making such application, deposit ten per cent, of the upset price witli the Treasurer ofthe Waste Lands Board. Such deposits shall, if uo advance on the upset price oe made, be considered as the deposit upon the sole 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 shall 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 provided.

31. The person who shall be declared the highest hider at such auction shall immediately pay a deposit of ten per ceut. of the purchase money to the Treasurer, 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 ofthe purchase money shal Ihe' the day of sale j and, in default thereof, the - pur 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 wluch 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 fi-om 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. —RURAL LAND. 34. All lands not included in any of the foregoing regulations shall be open for sale as rural laud, at au uniform nrice 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 coi.tain less than twenty acres may be sold by auction at the upset price of forty shillings per acre; tbe time and place of sale, aud the mode of sale, and payment of purchase money to be as nearly as may be iv accordance with the regulations herein contained applicable to the sale of Town Land. Provided, nevertheless, that if auy 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 in 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 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 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 ofthe 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 ofthe other; and such section sliall not be less than half a mile distant from a frontage Hue. 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 requfred for a single section under the foregoine rules. 40. Immediately on the payment of the purchase meney, 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 hi 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 cost of such surveys with the Treasurer of the Waste Lands Board, wliich 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 iv auy respect from that intended by the purchaser, the Government will not be responsible for any loss or inconvenience whicli 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 hi tlie selected locality falls short ot the quantity paid for by tiie purchaser, the Treasurer shall repay so much of the purchase money as exceeds the price ofthe land to|be conveyed. 'The "License to Occupy " shall, in any such ease, be 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 tbe Commissioners when the Crown 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 flitch and bank: provided that no ditch or bank shaU be more than six feet in width. VIII.—COMPENSATION LANDS. 42. Wbereas it is desirable that private persons should be enabled to receive portions of Waste Laud 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 lor such purposes, such person shall, uuon appli- ' cation to the Waste Lands Board, be entitled to a ; grant of rural land in such situation as he shall select, 1 subject to the conditions as to form and frontage in these regulations contained, to the extent of one acre t for every two pouuds sterling of the amount of comf pensation which the applicant shall be entitled to ■ receive hi respect of the land taken for such purposes - »r_in respect^of such damage as sforwsW.

43. If any person shall contract with the Superin- | tendent 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 foi- the duo completion of such contrnct. and sliall select such portion of rural land as he shall bo willing to accept by way of payment or compensation, or by way 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 longer; and such'person shall, on the completion of sucli contract, be entitled to a free grant of such land, or so much thereof as the Board shall adjudge, not exceeding one acre for eveiy two pounds sterling wliich the Superintendent shall certify to the Waste Lands Board to be the bond fide valueof the work so done by such person according fo 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 bo published in the Government Gazette of the Province, as directed in clause 19 of these Regulations. \ No such reservation shall continue in force for a longer period than twelve calendar montlis fi-om 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 beeu allowed the option of purchasing such land in the manner prescribed in clauses 04 and GG 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 ofthe Provincial Council. Provided always that every parcel of land so granted shall be subjected to the same *otiditions as to form and frontage as any rural lana so t under these Regulations ; provided also tha i no application for less than 20 acres shall be 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 sen-ice in consequence of wounds or loss of health incurred iv 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 fiom the proper authorities as to sueh'discharge or death, bo entitled to receive a free grant 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 tlie 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 wknt are tlie 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. Tlie 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 months of age; and the words "small cattle" shall be construed to mean sheep, male and female, with tlieir 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 one-half the depth. 49. Tlio 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 thau 5000 acies, two-pence per acre for the first thousand and one penny per acre for eveiy acre in addition. For every run coiitninincr 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 to the first 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 Laud 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 as abandoned. 52. Every pasturage license shall be in the form set forth in the Schedule C to the Waste Lauds 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 fi-om year to year, until the land specified therein shall be purchased, granted, or reserved under these regulations; and tho fee to be paid in respect of such license sholl not be altered until the Ist May, 1870. Such license shall give no right to the soil or to the timber, and sliall immediately determine over any land which may be purchased, granted, or reserved under these regulations. A reasonable right of way shall be allowed through aU pasturage runs. 53. It at any time during the first four years after the issue of the first license the quantity oi' 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 time 3 that amount, the Waste Lands Board may declare the whole or a portion of such run to he forfeited; provided always.that with regard to runs granted prior to the issue of these Regulations such first period of four years shall commence fi-om 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 whicli a runholder can prove 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 witlun the Province the requisite amount of stock, and will undertake to place the same n the run at the expiration of such peoiod. 55. Eveiy 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 fake 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 sliall be deemed to be an original license. Upon appeal from any person whose run has been forfeited, within 60 days from the date of such forfeiture, it shall be lawful for the Superintendent to reserve or suspend such forfeiture cither wholly or in part. 57. Eveiy person taking out a license 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 be sliall 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. Tiie above rules in respect to stocking a run, and to the lodgment of the money with the Treasurer, shall not apply to ruus 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 of his run at a rate not exceeding2os. for eveiy thousand acres. t 60." Every holder of a pasturage license shall, upon application fo the Waste Lands Board, be entitled to a pre-emptive right over portions of his run, as follows: —For a run of not less ban 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 judg- I ment of the Waste Lands Board be deemed sufficient for the purposes of this clause, together with fifty acres, comprising andcircunyacent to the lands so occupied ot improved

61. The Licensee shaU at the time of his application to the Board give a sufficient description of the lands over whicn ho claims such pre-emptive right, to the satisfaction of the Chief Surveyor. And the samo shal) 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 him iv the exercise of such right sliall be subject to the regulations as to form and frontage herein contained.

63. The Waste Lands Board shall not reccivo nor entertain any application to purchase, from any person other than the runholder, the aforesaid block around the homestead or principal station whicli does not include the whole of such block.

Gl. The right of pre-emption hereby given shall be exercised within one week for all lands within twenty miles of the Land Oflicc, 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 lauds 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. 65. The applicant for any rural land included in any pre-emptive right shall dep«oit 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 laud 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 ot such portion; and, if ho shall not \yiHsfei Bix weeks thereafter have paid the remainder of uiG pnrchase 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 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. 67. 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, he taken and deemed to be pasturage licenses over the lands included therein, upon the terms of these Regulations, with a preemptive right over all such land, to be exercised subect to these Regulations as regards notice of application, payment of deposit, purchase money, price ot land, and size and shape of blocks. It 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 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 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. 69. If any person exchanging his license shall 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 which shall be reserved by the General Government or by the Provincial Government under these Regulations, the licenseee shall receive payment of the value of such improvements, such value to be decided by arbitration under direction of the Waste Lands Soard, 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 Oftce, 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 made 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 and 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 anytliing contained in these regulations, it shall be lawful for the Governor, upon the recommendation o) the Sirperin ten dent nnd Provincial Couuil, at any time, and from time to time, be proclamation in the Government Gazette of the Province, to reserve for the purposes hereinafter mentioned any lands within the Province, adjacent to or in the neighbourhood of any town, now or which may hereafter be formed, a;nd to declare that on and from a day to he 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 hot removed-within such time may be again put up to public auction. 76. 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 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 timlfbr 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 permission 4f the person making tho same first obtained; provided that if su,ch 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 therearter 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 helonging to the Crown, such license shall he, and shall be immediately declared to be forfeited, and it shall he at the discretion of the Board to refuse to issue another timber license to the same person. SCHED ULES. ,Schedule A. Province ~l of > Canterbwy.) LICENSE TO OCCUPT TOWH LANDB. Whereas of hath been duly deared the purchaser for the sum of pounds, shillings, and pence, of the section of the Waste Lands of the Crown hereinafter described land hath tins day paid to the Treasurer of the Waste Lands Board of the Province of Canterbury, the said sum ot pounds, shillings, and pence, the receipt whereof is hereby acknowMgvi, K«W JE.H9W AM, HH A*» XHHIB

presents witness, that We, in pursuance of the powers vested in us as Commissioners of the saidWaste Lands Board, do hereby authorise and empower thesaid his heirs "v assigns, nt any time niter the date herefore, to enter upon all that section of laiid situated in street, in the town of

marked, No. in the authenticated map ofthe said town in the Crown Lauds Office aud containing acres, or thereabouts, being the soction of and purchased as aforesaid, and to hold and enjoy the same for his and their absolute use and benefit

Given under our hands at the sittiug of the Wasto Lands Board held at ou the day ot : Schedule B. Province ) of [ Canterbury. J LICENSE TO OCCUPT RURAL LAND. Whereas of hath been duly dor dared the purchaser for the sum of pound*, shillings, and pence, of the section the Waste Lands of the Crown hereinafter described, and hath this day paid to the Treasurer of thr 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 .-HEN AND THESIS presents witness, that We, in pursuance of the powers vested in us as Commissioners of tho said Waste Lands 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 laud situate and bounded as hereinafter described, that is to say . ; and to hold and to enjoy the same for Ids and their absolute use and benefit, subject nevertheless to the Regulations now in force for the sale, letting, disposal, and occupation of the Waste Lands of the Crown within the Province of Canterbury. Given under our hands at the sitting of the Waste Lands Board, helu at on the day of 18 Schedule C. Province 1 "f \ Canterbury. J LICENSE TO DEPASTURE STOOK. Whereas of Imth been duly declared to bo 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 : How therefore We, in pursuance of the powers vested in us as Commis' sioners of the Waste Lauds Board to the said Pro * 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 stock upon the laud situate and bounded as hereinafter described, that is to say— and containingl acres or thereabouts. Subject nevertheless to all the provisions and conditions containing in the Waste Lands 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 01 18 Endorsement. I, the within-named for-valuable consideration to me paid by of tlo hereby transfer to the said the witliin written Pasturage License, and all my estate and interest therein. Witness my.iiand this d y of 18 Witness APPENDIX Clauses 35 and 43, which zeere repealed by tht Waste Lands Regulations Amendment Ordinance, Sess. VII., No. 2, 1856, originally stood asfolloics: — 35. No section of rural land shall be sold containing less than twenty acres ; provided that any section so limited by fi-outage 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 may be iv accordance with the regulations herein containedj 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 ruralland in such situation its 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 expende&'in the construction of such road, bridge, or drain. Provi!J::l always that it shall be proved to the satisfaction of.the Board that the money so expended by the applicant h.is been beneficially expended for he use and advantage of the public. Provided al hat no application for less than twenty acres shall be received under this clause, but that where any amount of compensation awarded by the Board shall be of a less amount than twenty acres of land, the party entitled may pay the balance in cash upon tho same terms as other applicants to purchase rural lands under these i-egulations. Clauses 67 and CB, which were repealed by proclamation of the Governor, dated Uth August, 1856, published in the Provincial Government Gazette, Vol. 111., No. 17, p. &,■ 4th 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 be 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 tha amount paid by him in respect of lands covered by such pre-emptive right. 68. Nothing in these Regulations shall be interpreted to affect the legal rights or equitable contracts made by the Canterbury Association or the Government with holders of the pasturage licenses; but i any person, holding a license under the Canterbury Association or the Government, shall voluntaril resign the same to the Government, he shall be en titled 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, 65, 66, and 71, winch, to. repealed.by the " Waste Lands liec/ulati Amendment Ordinance, Sess. IX., 'No. 1 originally stood asfolloivs: — 33. Immediately on the payment of the purchase money in full, the purchaser shall receive from tha Commissioners a " License to Occupy," in the fona set forth in the Schedule A hereto annexed, which ho shall return again to the Commissioners when he shall receive the Crown Grant of the Land. Such " License to " Occupy" shall be transferable by endorsement, in the form set forth in the Schedule. 51. The fee shall be paid to the Treasurer of the Waste Lands Board every year, in advance; for the first year on the issue of tho License, and for tho second and every subsequent year on the first day of May; and evcrv pasturage license not renewed by payment of the required lee on the first day of May shall, unless good cause to the contrary be shown • 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 tho 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 thess 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 no right to the soil or to the timber, and shall immediately determne over any land which may be purchased, granted, or reserved under these Regulations. A reasonable right of way shall be allowed through allpasturage runs. 65. The applicant for any rural land included ia any pre-emptive right shall deposit with the Treasurer of the Waste Lands Board a sum equal to 4s. pet aero 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 te immediately returned on demand' if the holder of the pre-emptive right shall purchasa any portion of the land applied for. 66; If the holder of the pre-emptive right decide npon purchasing any portion of tb.3 and 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 forleit such deposit together with all right or title to the land. f 71. All payments on account of pasturage run shall in future be made on the first day of May at the Land Office, at Christchurch, and the WasU Lands Board shall sit at ti^at placo tor tha Treiwura to rewire the »«atj

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https://paperspast.natlib.govt.nz/newspapers/ODT18620502.2.20

Bibliographic details

Otago Daily Times, Issue 144, 2 May 1862, Page 7

Word Count
7,836

REGULATIONS Otago Daily Times, Issue 144, 2 May 1862, Page 7

REGULATIONS Otago Daily Times, Issue 144, 2 May 1862, Page 7

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