REGULATIONS
FOR THE DISPOSAL, SALE, LETTING AND OCCUPATION OF THB iVASTE LANDS OP THE CROWN IN THE PROVINCE OF CANTERBURY: AS AMENDED. I. A LL Regulations now in force in the Prox\. vince of Canterbury for the sale, letting, lisposal, and occupation of the Waste Lands of he Crown are hereby repealed. 2. AH such Waste Lands shall, from r.nd after the Iny on which these Regulations shall come into force, >c sold, let, disposed of, and occupied according to hese Regulations, and not otherwise. 3. Every Act which the Superintendent is hereby mthorised or required to perform he shall perform :olely in accordnnce with the advice of his Executive Council for the time being, and such advice shall be ■ecorded on the minutes of the Council. II. —THE WASTE LANDS BOARD. 4. There shall be established a Board to be called :he Waste Lands Board, to consist of one Chief Commissioner, and of not less than two nor more than five )ther Commissioners, all of whom (except such one w shall be appointed to act as Treasurer) shall be apjointed and be removable by if arrant under the hand >f the Superintendent. - 5. One member of the Waste Lands Board ihall dso be the Treasurer thereof, and such member shall je appointed and removable by the Goyernor. 6. The Waste Lands Board shall sit at the principal Lr»nd Office of the Province, at certain stated times ;o be determined by the Superintendent, and shall ilso sit for special purposes at such places and at such limes as the Superintendent shall direct; of which sittings due notice shall be given in the Provincial Sovennncnt Gazette, and one or more newspapers published in the Province. 7. The Chief Commissioner when present, and in lis absence then some member selected by those present nt any meeting of the Board, shall preside thereit, and shall have a casting vote in all questions joining before the Board. 8. All questions coming before the Board shall be lecided by a majority of the Commissioners present thereat. 0. All meeting-s of the Board shall be attended by lit least three Commissioners, and shall be open to the public. 10. All applications for Land' and 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 of 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 provisions of the " Crown Lands Ordinance, Sess. X., No. 1;" and the "Crown Landg Extension Ordinance, Sess.XL, 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 shall be written in order by himself or any person duly authorised on his behalf. And the Commissioners shall, during the sitting of the Board, consider and determine all applications in the order in which they shall appeal- in the application l>«ok. Provided that if any person shal not appear himself or by some person duly authorisd on his behalf before the Board when called in his turn, his nppi.'ation shall be dismissed until Ins name shall appear again in the Book in order. Provided also that if two or more persons shall apply at the | same time to.write thtir names in the Application Book the Chief CorinnUo'oher shall bracket their ames, and shall initial the bracket ; and when^.they all appear before the Board, the Board shah" 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 witli this regulation. 14. 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 sigfid by all the Commissionersipresent'at any meeting-. And such minutes shall be open to the inspection of all persons desiring to inspect the same, at all reasonable hours, on payment of the sum of two shillings and sixpence for every such inspection. ill. —surveys. 15. There shall be a Chief Surveyor who shall be appointed and removable by Warrant under the hand of the Superintendent, and as many ; «iistant Surveyors as shall be necessary, w}ip 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 nifuje in that behalf shall direct. ■ IT.—TIIISUKD XETEJIUB. ' 17. All payments to be made in respect oflandshall 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 02nd 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 cUarges, rod ex-
ponsei incident to the collection, management, and n ceipf tueieof, and also to pay out of the snd rfvenm s such suml? ls sh ill Ik tome pi\able under cm tain olh.Pi pio\wnn? tutuni coniamed The Tiensuici of the W iiste Laiitu Hobml ■-had, tlierrfjre, paj out of all the luaus coming into ins Hands under these regulntions all such sums for the above-named purposes, in such manner ;ind to such persons as the Governor shall direct. i -:.■. : .T.r-IUBMC RESERVES. ' 19. Reserves for the uses of the Provincial Government mid for other public"purposes may, iipon the ecomrnendatipn 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 of 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 shall, as soon as possible after it shall have been made, be published in the Government Qazette of the Province, and set forth on the authenticated maps in the Land Office. Provided that the Superintendent may. ii 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, 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-paths, 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 tlie precious metals may be found, to exist: and the lancf within such tract of country shall be disposed o according to regulations hereafter to be issued and published in that behalf; in the same manner aud under the same authority as these present regulations VI. —TOWN LANDS. 20. The sites of towns shall be determined by' the Superintendent, upon the recommendation of the Provincial Council, and shall be notified by procla-' mation in the Government Gazette of the Province. 24. Town Lands shall be sold by public auction, in sections, the size and upset price" of which shall be determined by the Superintendent and the Provincial Council; and having been so determined, for each town severally, shall not again be altered. 25. The time and place of every auction sale shall be fixed by the Superintendent, and shall be notified in the Government Gazette, and one or more newspapers of the Province, at least thirty days before such sale shall take place. 20.. 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 the Land Office; and such map shall set forth, accurately delineated, all the town sections numbered consecutively, so far as laid out, showing the sections to be submitted for sale, and the public reserves in connection with them. 27. Town sections may be put up to auction, either by order of the Superintendent, or upon the application of some person who shall, at the lime of making such app'-icatien, 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 oe made, be considered as the deposit upon the sale at such public auction. 28. If any section shall be purchased by other than the original applicant, the deposit money shall be forthwith returned on demand. 29. Ten 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 cent, 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 82. The remainder of the purchase money shal Ibe 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 maybe Bold to any person applying for the same for the 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 pm-chaser shall receive from the Commissioners a " License to Occupy," in the form set forth in Schedule A to the Waste Lands Regulations, and sucli License shall be restored to the Commissioners upon receipt of a Crown Grant of the land purchased. TIL—RURAL LAND. 34. All lands not included in any of the foregoing regulations shall be open for sale as rural land, at an uniform urice 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 cpntain less than twenty acres may be sold by auctipn at the Upset price of forty shillings per acre; the time and place of sale, and the mode of" sale, and payment of purchase money to be as nearly as may be 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 holder of such License shall be entitled to exercise such Pre-emptive Right under these Regulations u]>on payment of the sum of forty pounds for such section. 3(3. 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 tlie 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. 3H. In sections of lands not adjacent tp, or bounded by a frontage line, nil the sides niay be equal, but one side may not be less than one-third of the other j and such section shall not be less than half a mile distant from a frontage line. 39. Any person possessing a section of land may at any time" select another adjacent thereto, of such form that the two together, being considered as one section, shall be in the form required for a single section under the foregoing rules. 40. Immediately on the payment of the purchase money, the purchaser shall receive from the Commissioners a "License to Occupy," in the form set forth in the Schedule B hereunto. annexed; and as soon thereafter as conveniently may be, the 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 home 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 be made as soon as practicable, by order of the Chief Surveyor.. Provided a'ways, that should any section when surveyed prove to differ in any respect from that intended by the purchaser, the Government will not be responsible for'any--loss 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 ot 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. Tlie " License to Occupy" shall , in' any such case, 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 the 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 ditch and bank: provided that; no ditch or, bank shall be more than six feet in width. VIII.—COMPENSATION LANDS. 42. Whereas it is desirable that private persons should be enab|ed to receive portions of. Waste Land in exchange for private lands taken for roads or for other public purposes; if any person shall be entitled to receive any compensation in respect of any land which shall have been taken for the purposes of a road or of any other public work, or in respect of any damages' done to his property by the taking of such land for such purposes, such person shall, unon,application to the Waste Lands Board, be entitled to a grant of rural land in such situation as;'he shall select, subject to the conditions as to form i and frontage in ;| these regulations contained, to.the extent of one acre Tor every two pounds sterling of the amount of cpmpensation'which.' tlie"*applicant shall,be .entitled to receive in respect of- the land takeh'fof siicli purposes or m rcup^ ef such thmrage as sforertft,
43 Ifanv person shall contract with tlie Superinterdent to make and t omplete, within a given time, an\ public road, bnd"v. oi dram oi mw part of any such roid, bnum, or di un, fuun lmi<, such security as the Supermtuidu t imy ltnniif for the due completion of such contract, mid clmll select, such portion of rural liind us he shnll-be willing.to nrcppt by wny 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 o land from public sale; for such given; time but, no longer; and such person shall, on the completion of 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 bondjide value of the work so done-by such person 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 sale shall be published in the Government Gazette of the Province, as directed in clause 19 of these Rcgula- : tions. No such reservation shall continue in force for a longer period than twelve calendar months from tlie date on which it shall have been made. No land included in a Pasturage License with Preemptive Right shall, as against the holder of such Pre-emptive Right, be so reserved or granted until he shall have been allowed the option of purchasing such land in the manner prescribed in clauses 64 and 60 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 of the Provincial Council. Provided always that every parcel of land so granted shall be subjected to the same londitions as to form and frontage as any rural lana so under these Regulations; provided also that no application for less than 20 acres shall be received under this clause, but that where any amount of compensation awarded by the .Board shall be of less extent than 20 aei'es 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 MJJMTAItY BOUNTIES. 44. Whereas the Superintendent and the Provincial Council and other the inhabitants of Canterbury ore'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 sh-all, upon application to .the Waste Lands Board, and upon the production of .satisfactory evidence from the proper authorities as to such discharge or death, be entitled to receive a free tyrant not exceeding- 00 acres of tlie Waste Lands within this Province, subject to the conditions as to form and frontage contained in these Regulations; provided always that sucli application shall be made to the Waste Lands Board by such person or widow in person within three years after such discharge or death. , X. —PASTURAGE. , 45. Until sold, granted, or reserved for public purposes as herein provided, the Waste Lands may be occupied for pasturage purposes by persons holdinglicenses from the Waste Lauds Board to occupy the same. 46. Any person applying for a pasturage license shall state to the Commissioners wkat 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. The extent of run allowed to eacli applicant shall be at the rate of 120 acres to every head of great cattle, and 20 acres to every head of small cattle. Tlie words " great cattle" shall be construed to mean homed 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 their weaned offspring. 48. Every pasturage run shall be in one block, and, ;as far «s circumstances will admit, of a rectangular I form: the frontage, under ordinary circumstances, slmll not be greater, than one-half the depth. 49. The fee to be paid for the license sliall be at the ollowing rates: —For every run containing less than 1000 acres, twenty shillings for every hundred acres; for every run containing 1000 acres, and not less than 5000 aciss, two-pence per acre for the first thousand I and one penny per acre for every acre in addition. I Wir pverv run containing- 5000 acres or upwards, one fartlung per acre for the first 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 lQs. 51. The fee shall be paid to the Treasurer of the Waste Land Board every year, in advance; for the first year on tlie 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 tlie contrary be shown to the satisfaction of the Waste Lands Board, be considered as abandoned. 52. Every pasturage license shall be in the form, set forth in the Schedule C to the Waste Lands Regulations, and shall be transferable by endorsement in the form set forth in such Schedule, and such transfer shall be deemed to be complete upon notice thereof being duly given to the Waste Lands Board, and not before. A pasturage license shall entitle the holder thereof to the exclusive right of pasturage over the land specified therein upon the terms above stated. Such license shall be renewed by endorsement from year to year, until the land specified therein shall be purchased, granted, or reserved under these regulations; and the fee to be paid in respect of such license shall not be altered until the Ist May, 1870. Such license shall give no right to the soil or to the limber, and shall immediately 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 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 three times that amount, the Waste Lands Board may declare.the whole or a portion of such run to bo forfeited; provided always that with regard to runs granted prior to the issue of these Regulations such first period of four years shall commence from the date on which these Regulations shall come into operation: provided that one or more runs held by the same individual or firm may for the purposes of this clause be considered as one run. ;, -
54. In any case n which 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 liis own run, it shall be sufficient if he prove'to the satisfaction'of the Board that he possesses within the Province the requisite amount of stock, and .will undertake to place the same, n the run at the expiration of such peoiod. 55. Every holder of a license shall, at any time, upon a written order from the V/aste Lands Board to that effect, make a true and complete return of all the stock on liisrun; -"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 originallicense. 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 either wholly or in part. 57. Eyery person takingout a license for a run which', is npt stocked^ will be required to deposit with the Trear surer the sum of ten shillings for every hundred acres included in the license, which will be returned without Interest as soon as lie shall have fulfilled the conditions ,in respect, to stocking the run within the prescribed period; but if such conditions be riot fulfilled such deposits shall be forfeited ~-.-■ 58. The above rules in respect to stocking a run, and to the lodgment of the money with the Treasurer, shall not apply to^nms 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 every thousand 'acres. . .. . ■ : .- -,•■ ' ;„■ i--::'.- ---!-. f 60- Every holder of a pasturage license shall, upon application to the Waste Lands Board, be entitled to a pre-emptive right over portions of-his run, as follows :—Pot a run of not less ban 1,000 acres and iiot moretlian 5,000 acres, over a block' of land comprising, and circumjacent to, his homestead to the extent of 5 per cent oftlie 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. l And for all runs, over all lands occupied by any buildings; enclosures,, plantations, cultivations, or any such other improvements as shall in.the judgment of the Waste Lands Board -be deemed sufficient for the purposes of this clause, together with fifty acres comprising and circumjacent t» the lauds so eccupied «r Hupmed-,
61. The Licensee shall at the time ofliis application to the Board give a-sutneient- description of the lands over whicn he claims such pre-emptive right, to, the satisfaction of the Chief Surveyor. And the same shall be marked off on he authenticated Maps hi the Land Office. 62. The hinds included in such pre-emptive righ may be of such -form as thn applicant shall choose ; but any land purchased by him in the exerciseof such rig-ht sliall be subject to the regulations a« to form and frontage herein contained. ■. ■; ■• . ■ ■ 63. The Waste Lands Board shall not receive nor entertain any application -to-purchase, from any person-other than the runholder, the aforesaid block around the homestead or principal station which does not include.tlia.whole.of such block . 64. The right of pre-emption -hereby given shall be exercised withinone week'for'all Tnn'ds witliiri twenty miles of the Land Office, at Christchurch; and within one month for all-lands at, a greater distance therefrom; such time being reckoned from the date of service of a written notice from the Waste Lands Board, setting forth a copy of the application for any of the lands included in tlie pre-emptive right. Such notice may be served cither 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. Tlie applicant for any rural-land included in any pre-emptive right shall deposit with the Treasurer of the Waste Lands Board a sum equal to 4s. per acre of the purchase money, and the remainder lie shall pay within one week from the date of his application being granted, or forfeit such deposit. Such deposit, however, shall' be immediately returned on demand, if the holder of the pre-emptive right shall give notice of his intention to purchase any portion of the 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 he shall not wilhia six weeks thereafter have paid the remainder of xlie pareliase money, he shall forfeit such deposit, tog-ether with all rigiit or title to the land. ' If the holder of any pre-emptive right other than those created by clause 60 of the Waste Lauds 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; bo 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. 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 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 lj^lding a license under tlie Canterbury Association or the Crown shall voluntarily resign the same, he shall be entitled to receive a license under these Regulations, and sliall 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^n the new license have paid rent at a liigber 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 licensees shall receive payment of the value of such improvements, such value to be decided by arbitration under direction of the Waste Lands Board, and to be paid by the Treasurer of the Waste Lands Board out of the land fund. 71. All payments on account of pasturage runs shall in future be made on or before the first day o May, in accordance with clause 51, at the Land Office, at Christchurch, and the Waste Lands' Board shall sit at that place for the Treasurer to receive the same. 72 All payments to be made on account ot pasturage runs before the first day of May next ensuing slmll be made for the portion of the j'ear 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. Notwitlistanding anything contained in these regulations, it shall be lawful for the Governor, upon the recommendation o) the Superintendent and Provincial Counil, at any time, and from time to time, be proclamation in the Government Gazette of the Province, to reserve for the purposes hereinafter mentioned any lands within the Province, adjacent to or in the neighbourhood of any town, now or which may hereafter be formed, and to declare that on and from a day to be named in such proclamation all depasturing licenses issued under these regulations, in respect of such reserved lands, shall cease and be orf 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 tho Superintendent, and the purchaser shall agree to remove tlie same within a certain time; and all the timber not removed within such time may be again put up to public auction. 76. No person shall, without a license, cut or 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 coats 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 tha district named therein. . --....,- ---80. If any person duly licensed shall have established a saw-pit for the purpose of sawing timber, no other person shall cut timber within 50 yards of such pit without consent of the person first occupying such saw-pit; provided that if the person establishing such pit shall not use the same, and shall not cut timber, within such distance as aforesaid from the pit for 28 consecutive days, it shall be lawful for" any other holder of a license to enter thereupon, and to cut timber as though such pit had not been: established.. , 81. If any person shall, for the purpose 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 ojf the person making the same first obtained; provided that if such road shall not be used at any time for 90 consecutive da-s, it shall be lawful for any holder of a license at any time therealter to use the same. . ,'.'".■ 82. If any person holding a timber license shall be proved before the Waste Lands Board to haveoffended against any regulations herein contained respecting timber, or to have wilfully or Jiegligentlyin-. ured or destroyed by fire or otherwise! anytiniberbelohging 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 mother timber license to the same person.; ; '■■'■"', . '
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Otago Daily Times, Issue 161, 22 May 1862, Page 3
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6,150REGULATIONS Otago Daily Times, Issue 161, 22 May 1862, Page 3
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