REGULATIONS

Otago Daily Times, Issue 158, 19 May 1862, Page 6

REGULATIONS

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penses incident <otl]e-(;6llec'tii>iifmnn!if,'eiiM inti:^anli-| receipt thereof; and also to pay out of the said revenues such sums as sliall \become_; payable under certain other provisions therein contained.' "The' Treasurer of the Waste Lands Bcaid sliall, therefore, pay out of all the funds coining into.his.hands umlet- these regnlations all such sums for the above-named purposi-s, in such manner and to sucli persons as the Governor ishall direct. - T. —FUBIIC RESERVES.-----19. Reserves for the uses of the Provincial Government and for other public purposes may, upon the ecommendation of the 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 tlVe provisions of an. Act of the General. Assembly, entitulcd. the " Public Reserves Act, 1854;" and a full and complete description of every such reserve and of the purposes to Which if shall have been -dedicated shall, as scon as possible after it shnll have been" made, be published: in the Government Gazette of the Province, and set forth on the autJicr.tientert 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. Reseives for public highways, bridle-patlis, and foot-pntlis, shall be made by the (superintendent, and shall be set forth on the authenticated maps in the Land Office. The Superintendent and the Provincial Council may by Ordinance alter the line of any such highways, bridle-patlis, and foot-paths, and dispose of the land theretofore used for the same. 21. The Superintendent may temporarily reserve any land for the preservation or sale of the timber thereon; but such land may at any time cease to be 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 may be found to exist: and the land within such tract of country sliall be disposed o 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 Supcrintenirent, 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 sliall be determined by the Superintendent and the Provincial Council; and having been so determined, for each town severally, shall not again be altered. 25. The time and place of every auction sale shall be'fixcd by the Superintendent, and shall be notified ill the Government Gazette, and one or more newspapers of the Province, at least thirty days befor» such sale shall take place. 26. No such notification of any sale of town lands sliall be published until a map of'the town, signed by the Chief Surveyor, shall have been laid open fpr public inspection in the Land Office; and such map sliall set forth, accurately delineated, all the town sections numbered consecutively, so fur 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 unction, either by order of the Superintendent, or upon the application ci some person who shall, at the time ofmakingsuch application, deposit ten per cent, of the upset .price with, the Treasurer of the Waste Lands Board. Such deposits shall, if no advance on the upset price do mode, lie 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'he forthwith returned on demand. 29. Ten days at least before any such auction sale, a list oi all the sections about to he oft'ered for sale shall be published in the Government Gazette, and one or more newspapers of the Province. 30. Kvery auction sale of land shall be held by the Commissioners in open court as hereinbefore provided. . 31. The person-who sliall be declared the highest liider 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 B*2. The remainder of the purchase money slial ll><" the dnyofsnle: and, in default thereof, the purchase "shall forfeit his deppsifc money, and also al right or ii-.le to the land; and the section maybe sold to a*iy person applying for the same for tjic price at which 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 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. —KUItAL J,A3)D. 34., AH Innds not included in any of the foregoingregulations sliall be open for sale as rural land, at an uniform price of forty shillings per acre. 35. Save as hereinafter provided, no section of Rural Land shall be sold, containing loss than twenty acres; but any section so limited by frontaga lines or private lands as to contain Icps thmi twenty acres may be sold by auction at the upset price of forty shillings per acre; the time and place of sale,'nnd the mode of sale, and payment of purchase money to be as nearly as may be in accordance with the regulations herein contained applicable to the sale of Town Land. Provided, nevertheless, that if any section so limited shall be included in a Pasturage License with Preemptive Right, the liolder of such License shall be entitled to exercise such Pre-emptive Right under these Regulations upon payment of tlia 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 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 ijjflt f]>o fwo'-iotkctlisv, being considered as one section,' shall be in the form required for a single section under the fpregoing rul.eg. •" 40. Immediately ofi the payn'ieait c,i' the purchase . money, the purchaser shall receive from.the Commissioners a " License to Occupy," in the form set forth in the Schedule B hereunto annexed; and as soon thereafter as conveniently may be, the land shall be laid off by a Government Surveyor, as nearly in accordance with the description given by the purchaser in his application 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, which shall bo made as soon as practicable, by order of the: Chief Surveyor. Provided a 1 ways, that should any section v/hen surveyed prove to differ in any respect from that iptejidgd by the purchaser, the Government will not be responsible for any Joss or inconvenience which the purchaser may experience, nor will the purchase money be returned. Provided also, that if the 'Surveyor shall find that the whole extent of land in the selected locality falls short of the quantity paid for by the purchaser, the Treasurer ■shall repay so much of the purchase money as exceeds the price of the land to be conveyed. The "License to Occupy" shall, in any such Cfi.se, be amended by the Commissioners, in accordance with the report of the Surveyor, and the Crown Grant sliall' be made out in accordance therewith; and the "License" shall'be returned to the Commissioners when, the Crown Grant shall be ssucd.' ■ ' 41 i 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 arid 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 lauds taken for roads or for other public purposes; if any person shall be entitled to receive any compensation m 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 grant Of rural land in such situation as he shall select, subject to the conditions as to form and frontage in these regulations contained, to the extent of one acre for every two pounds Sterling of tlie amount of compensation which the applicant" shall ""be entitled to receive in respect of "the land takenibrsuch purposes -'irrare'speet-rfsuch.iiamageasaforesaid. ■:"-■■■ • . - -

.\z^T43~-'lt any person-shall contract with" tlieiSuperiutondent to make and .•complete, within a given time, any.public road, bridge,, or., drain, or any part of any sueii road, bridge, or drain, furnishing such security as the Superintendent may require for thedue completion of such contract, and shall select such portion of rural land as he shall be willing to accept by wav of payment, or compensation, or by way of part, payment or compensation for such workj it shall be lawful for the Superintendent to reserve such portion o land from public sale for such given time but no longer; and such person shall, on the completion oi such contract, be entitled to a free grant of such land, or so much thereof as the Board shall adjudge, not exceeding one acre for every two pounds ..sterling which the{'.'Superintendent shall certify to the Waste Lands Board to be the bond Jide value of the work so done by suclrperson according to the prices for work and materials at the time of performing such contract current in the district Every; such reservation of land from public saleshall be* 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 months from the date on which it s}iall 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 lutve been allowed the option of purchasing such land in the manner prescribed in clauses 04 and 60 to these Regulations. No greater amount of land than 200 acres sliall under the provisions of this clause be reserved or granted to any person under any such contract, unless in payment of work for which a vote has been passed by* the Provincial Council. No greater amount of land than 1000 acres in the aggregate, shall, in any one year, be reserved or granted under the provisions of this clause, without the special sanction of the Provincial Council. Provided always that every parcel of land so granted shall be subjected to the same conditions as to form and frontage as any rural lano. so ('under these Regulations; provided also tba ".no application for less than 20 acres shall bo received under this clause, but that where any amount of compensation awarded by the Board shall be of less extent than 20 acres of land, the person entitled may pay the balance in cash upon the same terms as other applicants for the purchase of rural lands under these Regulations. IX. —NAVAI, AND MII.ITAIIIf BOUNTIES. 44. Whereas the Superintendent and the Provincial Council and other the inhabitants of Canterbury are desirous to aid in making provision for the maintenance of such persons of Her Majesty's land and sea forces as may be discharged as unfit for further service in consequence of wounds or loss of health incurred in the present war with Russia, and also for the maintenance of the widows of those who may be killed in such war:— Any such person or widow slall, 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 frceVrant not exceeding 30 acres of the Waste Lands withm 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, grantee!, or reserved for public purposes as herein provided, the Waste Lands may be occupied for pasturage purposes by persons holdinglicenses from the Waste Lands Board to occupy the same. 46. Any person applying for a pasturage license shall.sfato to the Commissioners what are tlie boundaries and extent of the run applied for, and tlie 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 sliall 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 Rattle" 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 one-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 eyery run containing 1000 acres, and not less than 5000 3ci ss, two-pence per acre, for the first thousand and one penny per acre for every acre in addition." For overv run opntfiininfr TtfiflO aorf-i or unwards one farthing per acre for tlie'first find second years, one half-penny per acre for the third and fourth years, three-farthings per acre for the fifth and every subsequent yenr; provided that the first year shall be taken to be the time elapsing from the date of tlie original license to the first day of May next following. 50. No pasturage license sliall be granted for a less annual fee than £2 10s. 51. Tlie 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 20* th 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 fust day of May,1 shall, "unless good cause to "tlie contrary be shown to the satisfaction pf {lie 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 exciusW right pf pasturage over the land specified therein upon the terms above -stated. Supli jicense shall be renewed by endorsement'from .year'to year, until the land specified therein sjiall be purchased, granted, or reserved under these regulations; ,-md the fee to be paid in respect of such license shall not be al? tered until the Ist May, 1870. Such license sliall give no right to the soil or to {lie'timber, and shall imnudiately determine over any land which may be purchased, granted, or reserved under these regulations. A reasonable right of way shall be allowed through all pasturage runs. 53. It at any time during the first four years after the issue of the first license the quantity of stock for the run sliall bo less than that originally required, or during the\next three years less than twice that amount, or during any subsequent period less than three times that amount," the Waste Lauds Board may declare the whole or a portion of such run to be forfeited ; provided always that w;ith 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 a3 one run. 54.- In any case n which a runholder can prove to thesaUsf/tettoii'bTthc Wjiste Lands Board that be 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 sliall be sufficient if he prove to the satisfaction o.f the Boar;] that he possesses within the Province the requisite amount of stock, and will undertake to place the sarae n the run at the expiration of such peoiod. 55. Every holder of a Jicense 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 vyhose'run has'been forfeited, within 60 days from the dnte of sucli ioriefrjii'e, it sliall 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 with the Treasurer .the sum often shillings for every hundred acres included in the license, which will be returned without interest as soon as he shall have fulfilled the conditions hi respect to stocking the run. within the prescribed period; but if such conditions be not-fulfilled such deposits shall be forfeited ss. The above rules in respect to stocking a run, and to the lodgment of the money with the Treasurer, shall hot apply to runs containing legs than 5000 acres. 50. 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 exceedinq-203. for every thousand acres. ■ 60. Every liolder of a pasturage license shall, upon application to the Waste Lands Board, be entitled to a pre-emptive right over portions of his run, as follows :—l;or a run of nut less han 1,000 acres and not more than 5,000 acres, oyer a block of land comprising and circumjacent to his homestead to the extent :of 5 per cent of tlie 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 Mich 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 cirounijacGHt to the lands so occupied or improved. ~ -■-■ - ; ■ , . , ,

:i::61. The Licensee shall at the time of his application j to the Board give a sufficient description of the lands over wiiicn he claims' such, pre-emptive right, to the .satisfaction of tlie'"Chief Surveyor. And the; same sliall lie marked off on. he 'authenticated Maps in the Land-Office.' , ■ ,02/ The lands included in sueh1 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 snail be subject to tlie regulations as to form and frontage herein contained. 63. The Waste Lands' Board shall not receive nor entertain any application to' purchase, from any person other than the runholder, the aforesaid block arouml.the homestead orprincipal station which does not include the whole of such block. G4.. The right'of pre-emption hereby given shall be exercised within one week for all lands within twenty miles of the Land Office, at Cliristchurch; and within one month for all .lands at a greater distance therefrom; such time being reckonji' from the date of service of a written notice fyQiflTlic Waste Lands Board, setting forth a copy of t)i<s application for any of the lands included in the pre-emptive right. Sucli 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 sliall deposit with the Treasurer of the Waste Lands Board a sum equal to 4s. per acre of the purchase money, and tbo 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. 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 purelmse money of such portion ; and, if lie sliall not v 'S' y\ Bix weeks thereafter have paid the remainder of,u.ts j*jrchase 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, be 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 laud, to be exercised subcct to these Regulations as regards notice of application, payment of. deposit, purchase money, price of land, and size and shape of blocks. If the land covered by such pre-emptive right shall be included witliin the limits of a run held by license under clauses 50 and 53, the holder thereof in payingrent 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 resigii 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 of improvements having been effected by the licensee of a run on any land which sliall be reserved by the General Government or by the Provincial Government under these Regulations, the lieenseee sliall receive payment of the value of such improvements, sucli value to be decided by arbitration under direction of the Waste Lands Boai'd, 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 firsfday o May, in accordance with clause 51, at the Land Office, at Cliristchurch, and the Waste Lands Board sliall sit at that place for the (Treasurer .to receive the same. . 72 All payments to be made on account ot pasturage ifins" before the first day of May next ensuing fjhall lie made for tlje 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 tlie stock required to be on thp run, the year commencing pn 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. Notwitlistanding anything contained in these regulations, it shall be lawful for the Governor, upon the recommendation ot the Superintendent, and Provincial Coiinil, 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 pr in the neighbourhood of any town, now or which fjiay hereafter be formed, and to declare that on and from a day tp, bs named in such prpclamatipn all depasturing -licenses issued under ih&yi.iiegnTations, in respect of such reserved lands, sliall cease and be oi' 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 f^ands Act, upon the recommendation of the Superintendent and Provincial Council, to regulate the occupation qf the Waste Lands of the Crown within such reserved districts. TIMBER. 75. If any tract of land shall have been reserved withe sale of the timber thereon, such timber may be sold by public auction at an upset price and subject to conditions to bo fixed by the Superintendent, and the purchaser slinll agree to remove the same within a certain time; ami all the timber not removed within such time may be again put up to public auction. 76. No person shall, without a license, cut or 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 the1 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 nanied therein to cut cjpiyn standing timber, but it will authorise him to employ any number of persons, during the term of the license, to saw, split, or'remove (he timber so cut.; and supli license' shall not be iransferable. 79. A license to cut timber shall extend only to the district named thepeint 80. If any person duly licensed shall have established a saw-pit for the purpose of sawing timber, no other person sliall cut timber witliin 50 yards of such pit without consent of the person first occupying such saw-pit; provided that ir the person establishing such pit sliall 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 tlie Crown and not being a highway, it shall not be'laivfur for any other person to use the same without the permission qf the persdTi miiking ths same first obtained; provided that'if such roail 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 sarae. 82. If any person holding a timber license shall be proved before the Waste Lands Board to have offended against any reg-ulations herein contained respecting timber, or to have wilfully or negligently inured or destroyed by fire or otherwise any timber belonging to-the Crown, such license shall be, and shall be immediately declared to be forfeited, and it shall be at the discretion of the Board to refuse to issue another timber license to the same person.