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REGULATIONS

FOIiTHE; DISPOSAL, SALE, LETTING AND OCCUPATION -1' ' .'' ''' ' ""■ '' OF THE ■'.'" WASTE LANDS; OF THB CKOWJT •■- ■■■'.■■ IRTHE ■-■■■■ "■: -• ' PROVINCE OF CANTERBURY: :AS JLMENDEp. ; . ''•■..-.'.,.' 1. A. LL Eegulations.now in fbrce in the Ero~ J\. r Tince orCanterbury for the sale, Jetting,; disposal, and occupation of, the : .Waste Lands ot tlie CroTvri. are, hereby repealed..;.; . .'-. ■■■,'.> ■. ' 2. All such Waste Lands shall, fi-om and after the day on which these .Regulations shall come into force, be sold,. let,. disposed of, and occupied according to: these Regulations, and not otherwise. 3. Every, Act which the Superintendent is hereby authorised or required to perform he *ball perform i solely iii accordance with the ndyice of his Executive; Council for the time being, and such .advice shall be recorded on the minutes of.the Council. lI.—,THB VABTK LAlips BOAlfp. , Bqard'tp be called; the Waste Lands Board, to cqnsist of one Chief Commissioner, and of not less f l}an t\vp npr njore th.an five other Commissioners',''all qf whom' (except such one; as shall be appointed tP act as Treasurer) shall be appointed and be'removable by waiTant under tlie hand of the "Superintendent; :. ■ - ■o. One membpr of the Waste Lands Board shall also ho the Treasurer thereof, and such member shallbe appointed and removable by the Governor. ; •. The. Waste Lands Board shall sit.at the principal i Land Office.of the Pi'ovince, at certain stated; times! ..to be determined, by, the. Superintendent,'and shall also sit.fqr special.purposes at such places and at such times' as jtliC; Superintendent shall, direct;..of.winch 1 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 . liis absence then some meniber selected .by, those.present at any mfieting of the Board, shall preside there-: at, and shaHhave a casting- vote mi all questions: coming before tlie Board; '.■'-. '.■ ;■■ ■ 8. All questions coming before the Board shall be decided by'a'hiajoriiy" Of"the Cpmniissipners presentthereat. -9V AH mpetijngs flf the Bpard shall be attended by: at least three Commissioners, a,nd shall be open to thepublic.l '■ '• ■■-' -•• ■ ■ ■'■' ■■■-'■ ■■?: '■ . 10. All applications for Land and fpr Pasturage and for Tiniber Licenses shall, nfter hearing evidence; when nepessaryj be'determined'by .the Board at some sitting therepf, .-.■■■ ■' - .11: The Board shall have power to hear and de-; tennine 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 ;V and the "CrownXands 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 bo 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 wTitten 'in order by himself or any person duly-authorised on his bebalf. And the CommissioViers'shalli djirmg thp sitting of the Bpard, cpnsider aiij} de|p'rjnnip jvir*sipli-: "I'ations'in the order in T,vhich they shall appear iii the application'book: Provided that if any perspn shpl not appear himself or by some person dulyaiithprisd on liis belir.'f before the Board when called jn his' turrij his appi.'atimr shall be dismissed until his name sliall appe.ir again in the Book in. order; Provided also that if. two or more persons shnll apply at the same time, to write their names in the Application Book the Chief Commis»'oner shall bracxet their ames, and shall initial .the-*, bracket ;r 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. , ',:;.,. 14. The Board shall keep true and detailed minutes of all applications made to tlie Board, apfl all dppislp'fly thereon, a.nd qf!UJs«iiis pfnipppypiiid to the Treasurer, f>nd generajly of all the proceedings of the Bbfird; flild suchi minutesshall 'be sigxfid bj' all, the Commissioners present' at anyrmcetinjf.'- And such minutes shall beopeii to'the inspection of all persons desiring tqjnspect.tbe^ame, at...all,reasonable:.hours, oii payment of the sum of two shillings and sixpence for every such.inspection. .. ... • •■■••■■•• .-: ii;.—sOßyn'xs'.' / "•"■-.' 15. Tliere'Bhall be a. Chief Surveyor who shall be appdirited^arid removable by'Wai-rant under the hand of the Superintendent, aiid as many ■••listant Surveyors as shall be necessary, who shalr oe appointed and removeable by. .the Superintendent upon the recommendation of the Chief Surveyor. ■ 16. All surveys shall be conducted in such manner m the Board by any regulations tor be made in' that behalf shall direct.' ' , ".....' . ........ .... '' I - T-^iTHK-I,Aiip :r'RETENUE; iI ''" 17. All payments"-to be made in respect ofkhd shall be made Jo the .Treasurer of the Bpard dlifjnjr tlfc sitting tjiereiifi' and^ih'e'.Tixasu'rpr shall.tlie^-eupon give receipts.forthesame;: ~,; , ■ ■' ! ; , 18:—Bytheie2ud,.clause^ofijlie.Constitutiort Act . tlic.'Goyeriipr isautlioi'ised *nd requiretl;to.pay out of the revenue. Arising, from-the /disposal of the-Waste Lands of the Crown *11 tfeeacsta jmd ex r

penscs incident to thftrfc^ltectxwri} management, and rt'pßipt t.hi'rpnt'; -TliH ntuf> fi\ p;w r>pf i>ftj)psnifl rp.I'CTIUPS such sums"aaCsli!ill be^>nie^payabTt'":!uri3cr certain otbcrtpKaYisiuds JrlieKeix&uiitameil. i iTCe TIS-^isu^er pf tlieWastfiLaiuls Board ajuill, ilicrefor£i pay.piit DfAll tlie funds coiniim.in'to.hjs liamli,under,these regular tiQns,all suchssuiiis.'for.theab,pv.e-na'inei..purjioses, .in siicH m'aniier aiiil to such person's as :tiie Cioveriibr shall direct* iif<" nt *.ua«\>..vr. ..TJI.V- -> ..V.V >r^iju3Bi;tC"kß.«EßVßS. ~: ,^l9. Bfsci^es fur'.'tli'd uSes of-tlic P4ovincial.GoTCrameht'auii^.lorrWllff^'puiSip'TJitrjiSiW raajCuphnAfle •Jieomriienaafifin'ortjip lVovhtcfal Cotihoilj->.e mads? by t^e ■ sTi'qlPao'f Be- Hlrefaat<>d frViii tlie Spkftic^puvpWS to.'Vr&idh beeii.sevei-all^ ilptlnSiteclJ'fcScejit.'.uViaer tl^rjH^stcVite 6f;M-~Act.'i)t -tfte Gcia'rtil 'Assciiiblyi-entitu.led |t% " Public Reserves Act, 1864;" audj-tf full; and Sflm^ 'pJ^dcsai^tio^«f--wcry;«uelV.'i^e^e.]a'njdt.«fi'i^tlie "pur^mscs to which jt shalHiavc been dedicated slinllj as soon as possible after it shall have been lnadc^fbe ptiblish^a ; -*ii ithe vG6X'efti«Hen«:Gr^i««e of the Province, arid 'SetftiiiluJJi tluj'Mtlientiented maps in., the Land Office. ProvideiHtliat tbe; .Supwhifendcnt may. ii tlw. Provincial;CoiincifbeTiiot^fliensitting, temporarily reserve'land for such purposesnntil-the.neitfersessiwi of such Council. '^,-ii y.:.- ■■■■'..w ~.'.isS 2<J.i.ncsotves/oi'iHiWicliigliways, bridle-patlis, and Toof-pa'th^sl»all^iiia?^yw]tg§'!^Hi)Bi4nt«^e'nt, and . ; shoiyj.e;s6t"iorHi; on autheiiiicated -.maps jy,,\ tlje Lanu oiHcel;:. Tho^^^SqjiQrf^eud«Ht and the Prqyiiiiigil Council may by Ofdihance alter the line 6|f.any-siich high-s\'»j!» lirJQ^e-natl^^and foot-paths, and dispose of the land nieretofore used for the same. iTi "Tire 'Siiperintcrtdcnt,nan,jl.temporarily reserve any land .for the'^&ibiivhtioKf-.'^r./^te of the tijnber 'flvar.eMtl'n'fcsuclrland'may aHi'iiy- firtic .tea's^- fdi'in au ''reserved:Hipoti"a" resdiution'of ihe;; : ErbVincßil Council. .....i.,,-,.,.,. .1.- •_j~^--'-f 4 V"22. .^lie maj:, ;upon the^resonii^nenifntipjiij)f the^^^•ovijiciarigouiTcilj.tyjjr^clarhatijjn in tlie Government Gazette," reserve from theiojjei'ktion of these regulations any tract of country in which, tbe preewus^metftl^nfa^ and the' larjd ; \>iUunjVfh tract of countiy shall be disposed o aceorcSiiigifo- regulations hereafter to .be issued and ipubllshodi riit.atlia'ti;. behalf^'- -iaiijthe;: siimia I Jiiiannei1-. and under the same authority as these;, prescatregiiliitißii^v^.;. t!£.td\.wi ■ Yt\x<\.a't'i • " j 'r;?>!u'H- ili^l^XQjWNrrljATSipSyi- *rJ:i'»*t;V; •■ &i_23> 'i^he'site^of-tovfns, sImiIJ bY dpterniiirieid ,l)^ftjje iSupcri«tenden|j; "uppii tlie r recqmmendajiqii^of rjje Provincial Council, and s'hhlr be nbtiJipd, byt l3J'gc)iy. matiou in theJ3.qy,erijmenfe.(?flzej!^i;.U}er^rOTipi^. 24. Town Lands'slitULbfe^qlflbyiiUblJc'aticlioiv; i}i sections, the size and upset'-pi'ice'6f':viihie;hshair-be. determined by the Superintenderttand th'e'Pi'ovin'dlrti Council; and having been so dcterniiriedi,"ißi'';eacli "tdwii severally, shall not againTia altered." "~~ "'"' 25. Tlie 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 befor» such sale shall take place. ■i' 26. No such notification of any sale of tqwTi lands shall be published until a map of'the town, signed by the Cliiet Surveyor, shall" liuve' 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 but, 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 ot some person who shall, at the time of making such 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 oe made, be considered as the deposit upon the sale at such public auction. 28. I r any section shall be purchased by other than the original applicant, the deposit money .shall be forthwith returned on demand. ■f. ■: .. 29. Ten days at least before any such auction sale, a list ol all the sections about to .be oflered for sale shnll 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.'Tlie-person who shall be declared the highest hider at such auction shall immediately pay a deposit often per cent; of the purchase money to the Treasuror, and in"default thereof, the section shall be again immediately put up to auction. ■. ■ ,- -^ paid to the Treasurer in full, within one week after 32. The remainder of the purchase money filial lhe the daj' of sale:,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 sold 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'purchaser shall receive lrom 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. TiI.—RURAL -LAND. . ; '■■■■: ; ' 34. All lands not included, in any of the foregoing regulations shallbe qpen:for sale as ; rural:land, at an uniform price of fort-v'shilling-sper acre.. 30. Save ;as hereinafter ■ proyiyed, no section of Eural Land shall be sold, containing less than twenty acres; but any.section so limited by frontage lines or private lands as to contain less than twenty acres may be sold by auction.at the upset price of forty shillings per acre ;> the tjme 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. Prodded, nevertheless, that if any section so limited shall be included in a Pasturage License 'with Preemptive Kight, 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. '" , '• ■ ." '■••■',- ---30. 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 houndary of a road, river, or public, reserve) or any stream or. watercourse which shall liaYebee^v declared by notification in the Government tyizeite to constitute a frontage tor the'purppse of selectjpn. 37. Wliei-p. friim the1 frpiifage npt being a straight line or rqni the iiiterfprence of othev frontage lines, natural features; or the boundaries of private lands, the abqvc rules jn respect of fbrmqannqt be accurately observed, the form of the section shall he determined as nearly jn acogrdance with- these rules as, in the judgment'of the Board, circumstances will admit.' r 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; arid such section shall not be less than half a mile distant -from a frontage line. ; ■;.-■■ : . ■ 39. Any person possessing asection of landmay 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 sectionuuder the foregoine; 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 sooii thereafter as conveniently may be, the land shall be laid off by a Government Sui-veyor, as nearly, in accordance with the description given by-thc purchaser in bis application as these regulations ivrfu admit j provided;thatVlieneyer the lands selected, lie without the sufyeyed t^i^trictg, tlie expense of the survey and of connecting such survey with the existing surveys shall be borjip by the purchaser, who shall-at the time of purchase dcposit-tiie amovint of the estimated cost of-such -surveys:-\ritb,--the'-Treasurer of the.Waste Lands Board, which shall be.made as soon as practicable, by, order of the Chief Surveyor. Provided ahvays, that should any section when surveyed prove to difier iv 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 sboi-t otthe quantity paid,for.by the purchaser/ the Treasurer shall repay so much of the purchese money as exceeds the price of t?ie land, to,be conveyed. . The " License tp. Oppupy" shall, in any guch cti^e, bs amended by the,.Comniissioners,,in accordance with the report of the Surveyor; and tlie Crowu 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 pei-son making a ditch and bank fence on lands adjoining Waste Lands of the Crown may. take out of such lands half the land requU'ed for the ditch and bank that no ditch or bank shall be more than six feet in width.. ■ • .... VIII.—COMPENSATION LANDS.,! :; 42.-Whereas it is desii-able that private, persons should beeuabled ;to receive portions of, Waste .Land in exchange for private lands taken for roads or for lOther public purposes J if. any- person shall be entitled to receive any compensation in respect of; any land which I shall Fiave • been taken for the purposes of a road or of any other public work, or in respect of any damages; done to his prppprty by the taking of such . land for such purposes, such person shall.; u,upn application to'fhe Wasfe'La'tids Board, be entitled ,to a gi'aftt of'ru'ral ldnd- ii"isuch situation as he shall select, nubjecttp!theconditions as to.form.and frontage in these regulations contained, to the extent of one.acre: for every Wo^pounds steriing!of .jthf'ampunt of^com-; pensation which tbe applicant .shall Joe entitled to receive-in respect of. L theland.taken for such purposes or in respett ef such damssfc w a&retaid.

43. If any person shalkoontract with the Superin- : tendent to make and iiiiy public rojuf, lindgej "or"drain,"or"n;iy pm-tof."any sucbTiSatf, )%ifrie, x6i» ftrhinj'filriiiSfifiii!-^Ut'h* sefcurity sis the Superintendent may require for tlm ilno comspletion of such'cbfttfnftt;HrfkifriiSir&rlcc&suoh portion of nn-a! land as lie shall be willinir to nncppt by wny :of payiimm. oi- cniiipciisufinn, or )>v way of part' pay- ; main or compensation for sue): work; it shall be law- < iul.toyfhcVSnpeViiEtfiffdiAiryß) WisefSelstiVh* jftirtiol} o ■ hind from public sale for such given time but no longer; and such person shall, on the completion of S such contract, be entitled to a free grant of such land, i or so much thereof as the Bemud shafr'aajud-geiT not j exceeding oner^reVtfory.e.Vlery'two pounds sterliiig i which the Superintendent shall certify tpthe :W.aste > Lands Board to be the bomljidi value of the work so ilone by such person accoqdingrt.o'fthe-. prices; foj'/jft'ork \ and materials at the time bf performing such contract | current in the district. >' ?v:^. "*r >;* ; 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 Regula-tioll9t-"*'*-r-'- <■'■». *;..■....,>,.-„■. >.!..■ Jt .:•;.. ~vt..,,i:,;-.j /v<ir s i No such reservation shall continue in force foilo longer-periPd-tban twelve- 'calendar -months, from1 the" date on which it shall have been made. No land included in n Pasturage License with Pro-1 I'iuptive Right shall, as against the holder of such Pre-eniptiv(S*Uig-ht/ilbe?vs|r* rcServecb'-op' granted until he shall have been, allowed the option of purchasing: such land in the manner prescribed in clauSevs<64l and OC to these Regulations. No greater ithan' 2ofl» acres* shall under the provisions of this clause be reserved or granted to-ahypei'son--iiiKle-r-.anyanchcenti'act, unless in payment of work for which a vote has been passed by the Provincial Council, -^./a •«■-,-,-.&, No greater amount of land than 1000 acres in the aggregate shall, iii«an-y>'onc~ycan,"be-<rescJvcd or frranted under the provisions oi this clause, without the special sanction of the-ProvineiM-Goiiiiqiji Provided always that every parcel of land so granted shall be>*ubjeelieuV.t6t te'-kune'-'-'SoridiUbns as to form and frontage as.any rural lano so ' under these Rcjtulstionsj.provided also that no application for less "than 20 acres shall be received under this.ciause, but that wheve<aiiy > ,aj»iouh6oficQiiifK)jisrttion awarded by the Board shall be of less extent than 20 awes of land, ithe person enAitlcuYroaji pay thje balance in cash upon thfe' sfixtw tsrmfrJßsi o\h<Sv /■agiljcaiits fijr>tli& pupclmsd of rural lanusi'ui)dfij;itli,es<3':Reguliitiuns slJ ,'; <4 i i.a3s.- ? i'.NAyAL-.ANi)..j,t.j,i 4 x!r,).R:Y l ßX).cNsiEa» * ,S44..ft'Vy4liar«is tlie Bupfjruiteiidt'nt andKtbo JfeovinV. ciiil 'Gou.itcjljaitd.othei.tln; ialudMtori^ofr Gantdrliu.o' aiT>.(}csJa)ua;to.aii'l-.i>';^ I'r1'rfij»S'-pi.?Qvision.ibc flicum.fdjiT; ten,a.»&, of. snch jievsoris <3f Her ]W.ajc.«ty r :s, aai.ul,anilsea'forces as may be disaliKr.geJVaa.jUnrlfcibi'.i'ua'tiiia'. service in consequence of v/onnds or loss of health incurred in the prefseri't war wifli Russia, and also for the-main'tenShfe •ofi tfffi widows'of'thpse^vho^jiiayTje .'killed-in such war i— i;;" '::'- ij ■*■■'■■ v"':';- &:•>■■{ »:1 ; Any such person or widowSl'aH;] lipon appfidatfon; (6 the Waste Lands Board, and ujfon^the'production" of satisfactory evidence fima the proper aufhoritieV^nS to such discharge-or death, be. 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 the Waste Lands Board by such person or widow in person within three years after such discharge or death. . .. ~ .., , ..,-..., ~ ■■ " X.—PASTUKABE.. ~'. 45. Until sold, granted, or reserved for public purposes as herein provided, the Waste Lands maybe :occupied.for. pasturnge■ .purposes, by,.persons, holding licenses from* the 1 Waste Lands Board to occupy tlie .same... ..,•., ~.-...- ..: ..■-■■' .-., ;. ■..-..'...>■.. :, .'46. Any. person applying for a pasturage license, shall state to the Commissioners what are the boundaries, and, extent of the run applied for, and. the litlmber and description, of the stock which hepos- :- sesses, or will undertake to place upon the run within twelve months from the date, of the license. 47. The extent of run allowea ,to each applicant shall he 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" shail 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 bo 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 every run containing 1000 acres, and not less than SQOO acres, two T pence per acre for the first thousand and one penny per acre for every acre in addition. For every run containing -5000 acres: or upwards, one farthing per acre for the fust land second 'years, one half-penny per acre for the third and fourth years, three-farthings per acrefor thtJ fifth and eyery subsequent, year; provided that the first year shall be taken to be the time elapsing from the date of the original license tp.-the first day'of May next following. 50. No pasturage license shall be granted for &' less annual fee than £2-10s. •-, - .. : . ; - ; 51.-The fee shall be paid to the Treasurer of the Waste Land Boaid every yeni-, 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: nasturage;license not renewed hy 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 1» the .Waste: Lands Regulations, and shall be transferable by endorsement in the form set. forth,in.such Schedule, and such transfer shall hp deemed to be complete upon notice'thereof being duly given, tothe Waste Lands Board, and notbefore. 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 endorsemerit from year to year, until the land specified therein shall -be^ purchased, granted, or reserved under these regulations; and the tee 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 timboiy and shall.immediately determine over any land which may be purchased, granted, or reserved under these regulations.' , A reasonable right of way shall be allowea through all pasturage runs. , r . •, .,■ - ; ; ■ ' 53. It at any ; time during the first four ycais after the iP3iie 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 thatamount, 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 be forfeited; provided always that with regardto runs granted prior to the issue or these Regulations such first period of'four years shall' commence from the date on' wliich 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. "sirTri'Bny"cas^-'nlvlucKlo"'runHoMer"can"]pr6ve~Sß "the satisfaction of the Waste Lands Board that, he is precluded by arrangements eivtered into previous to the passing' of these regulations from actually, for a given period, placing his stock.on his o\yn run, it shall be sufficient if he prove to the satisfaction, of the Board that lie 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 Waste Lands Board to that effectj 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.r '• ■

06.■-Every run or portion' thereof wliich shall have been forfeited,1 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 originsV?ipenseUpon appeal from.any person, whose ruii has been for-feited,-within ,60 days frpm the date of such forfeiture, it shall beliyyyfijl jar the to resei"ye or suspend sucji forfeiture either wholly or.in part.... pi. Every person taking; out a lirense lor arun 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 he shall liave fulfilled the conditions hi respect to stocking the run within the prescribed period; but if such conditions be not fulfilled such de-posits-shall be forfeited '. ' ''"_■-_-■'}' ;:''•'' .58." The above rules in respect to stocking arun, and to the lodgment of: the money with the Treasurer^ 9liallnot apply to nins containing less than 5000 acres. 59. Every holder of si license may be required at any time to pay for the actual cost of the survey of his run at a late not exceedirii;2os. for every thousand acres.; • •'■' ■ • '-" -! ■■ -'■ .'' ■ ■ ■■■:■''■: ■ ■■■■■-."■

. 60. Every holder of a pasturage license shall, upon application^to the' Waste Lands Board, lac entitled to a pre-emptive right over portions ofhis run, as folto\ys:— For a run of iiot less' lian. 1.000 acres and notl morethaii s,ppO' acres, byer a-bloclt of land compris-j ing ana circumjacent to his homestead to the extent of 5 per centof the acreage of the' riini For "a run of: 5,0,00 'acres and upwards, oyer SSO acres of laridcom-, prising and circumjacent to hi 9 homestead or principal station. And for all runs,'over all lands occupied by; 'anybuildings,^-enclosures) plantations;!'cultivations,! or any such other improvements asshaJliin.iTiejudgi-! ment of the Waste Lands Board be deemed iuttjcientj for the purposes :of rthisrclause,:together -with fifty! acres comprising- and circumjacent to the loads so oc-i cupiedorlmpreTed. .. .... ; ; •>

Cl. The.Liiie^if'efc-^iiilWitj^wrtlhtei^f his application to the-Board-gi.v'f a suthcientJde'scriptum.oi.uie-laudis. over whic,i)te^»|>y«.,such^pre-ejiip^ye^huio the satisfattion 6f; the Gl"«t«,f>[iijvexK?'v''jf 41??' «'psi»"ip. sliall beinarVea <jiP"3u'! lie-aiitlientieatedfMapVin tlfc Lniid<lffi<;e/ . • j-':'.- ■ :(,7-/'". 1/'■'"■•.;*-. * X\ (>"2. The larirTs'iTicliJiTed :ifl.jsiicli p'fe-eihpfive rigli niny be of sucl^fijrnr as4th"c 'ftWlicaut^shall choose ; but. any lariiTpiircliaseifby hiiu in fU'e-e^erdßebrsuch right slialj^e s^bjoetto the regulatiojisoe to form and fr6ntag(!hereii)[t;ontained. i ■*';, 63. TJjl^nsie Lantlt^Jjj.^.liTviii'iitit receive npr entertai)i;,,ftiiiXJ|ipp]icati6n' to ■'■ purejtas?, from any pereon otheJtt.tltSJiJjltßirijnJjolijer^f^te^qilbresaid block around the'lioyriestead or principal station^hich does not include^the wholeiiiffticHWck. 6^j'Tlig"Hg^t^frpre-emptiqn'hVe.Ky '^Sfen shall be exerci&d wiftiin ofie.■sy^k-ibr allvfa'Ms Miffiin twenty miles of the La'nff tMcs^W-'airisf^fehAirch; and i within tnie month for. airlands at a greater ilistance j tTigf,efi:Qi^;isuch'tinie¥eHig!rfiekMied ! of servife&Sfjji 'Smttefi' noti.ee'froin Uie^aste.Lanjli Board,' settiiiig.'forl]i(a":"cbpy pf' the'apjjlieStibn'fof-aliy | or'ttie lancls i»tluile.<Vm'the j^lil*.;' Sufeji noticeniayi.be "seW''ed-4iflier pers^iially' '6n: tite'r^Xnholder, o^'by'lcaving the' savne'at liiss'last'-kii6^vn nlace-of abode within the Province, or atilicprincipal hoft'&tcSU:^■•■Statibil'dutiiyhihV^^ Ui->. &&-i^K; ;" 65. The applicant tfm-i«HyAmiraH'laind included in i' OMS l>i;e-emp.ti\^right>j^ll dqposit \vitlt#c.jTxeas v urer of thejWflste f Landsooai;d.a:sui)^eq,ualjtoi i>er $crß : pf j tjie".piir<;ha§e < iinongy,'' apd; tf'oi.WfPfni^'-'isfe^t' pay within one wdek from th&date'.<>f ;}na jmfiliCQt&ii' being granted, or forfeit such' deposit. Snch deposit; ' however, shall be inunediatehc returned on demand; , if the holder.of;Uic Tp.ife-ein'jitiv/3 ? i!ig33'i^ia]l piye notice of his itrteirtib'ii to \)urbliase%a^y land applied for, and pay-the-requisite-deposit. s-*^..-Iftthe'holde]l-«fUhe-'pre-empti,ve-'riglit^d<!gide ; upon purchasing; any portion of the: lafidvi appk«l«&i>y ■ he shall forthwith pay to the .Treasurer:of.tlie Waste ; Lands.B.o,av<l;ta, deposit. giV-te..^wi(aavQ;;a6iUflij>il'-rf'liase ; money ot such p_QiJign,; .and, if he slmjl.ngljvjfiyi^ix : wpelcs tlieVeaFtej'liave paid 'tlie'r3iMfi).dejpi.ife itfpt ; el!aseYMon^y/Tie"slfallforieitjs|l.c]L , wiiji^U.r^lif^^tjtl^tp'th^laJnd/j'''^1 ••; fl ly; ; ff,jfj If the holder of any pre-emptive right other than those created by clause 00 of the- Waste Lands Regulations shall negfectWr'JfuseHdpuf'cliase any_ portion of the l land ) ap]«it»d ibr> -eiueJi portion sJiaUiirpfn and immediately after such neglect or refusal be released from all right of tifV-einptiotl "aiild "open to purchase on the terms of these Regulations, as if the same had noJk been hijCluded, jn any jjre-emptjye, right. c;; , > t j VJp7-!'.^ifHuroS|.iftfiS.seV rtithl-j]jre^eißpllvir.VJg"( |i conuecyop_ivijlf.])}irc,}iasisd: lands,; w;SetherAi;n(lei,i;tJ;e Ciiiit;eit)ufy ;Afsog:atiqn ; or the fcrOw.i), s)jaljj fipin \ fjpd 'afieijT.the.fjrsJ; day ipi~ April,,; ojie ; thoitiamlj;;eigjif l^incjfgd'^ijdj^fty^Xjijbb.-t^l^iit-.aild^^defm^drtft.li? pastiu^e'iicsu.ses pyqr ,t,he iiindjs. included:,ther_ej3i uiion^jici'.ter^ioifth'esi^Re^-jitiit.to^^ emptivc right over ;a|j such land, to^e^xercised subect to these Reg'uKjions as regarilsiiotice of application, payment.pt;. deposit, purchase''jHJoney, price ot land, and siz'e'-aiuij shape of blocks'.;; If the land covered by such-pre-emptive right;.<°<sltall be included within the"limits'bf a run held"lij'"license under clauses 50 and- 53, the llolderi^t}Jei'eoir'iiHrip:ayisig 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 oi their contract with, the Canterbury Association or the Crown, as the case may, be; but.if any person holding a license under, tlie Canterbury Association or. the Crown shall voluntarily1 resign the same, lie shall be entitled to receive a license under these Regulations, and shall from the date of such exchange hold his ruu at the rate and on the conditions specified in these Regulations. ' ' . ' " ; .' ,'.'" 69. If aiiy person exchiinging his license sliall for any period included in the new license have,paid rent at a higher rate than would be jiayable.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 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 Board, and to be paid by the Treasurer of the Waste Lands Board out of the land fund.1 71. All payments .on account of pasturage runs shall in future be made on ■or before ihefirstday o May, in accordance with clause 51> attheLand Office; at. Christchurclv and!. the Waste Lands Board shall sit at that place for. the Treasurer to receive the same.-.! :•■•->■;•-:.'.•;•' --.;■ ■;.-••:.:•.? y.r.'l ":- ■'■ ~'~:~i 72- All payments to be- made on account of pasturage' runs before the first day of >Ajay next ensiling shall be made for, the; portion of the year only which shall elapse between such day of payment'and the said-first day of'Mayir - . -■'- ■■ .■ ■■■[ r-i-i.-:-,-- ■' ■■•>■ :''\H ; • 73. In calculating the amount of the 'license fee and the stock required to-be on therurij the'year'comi mencing on the said first day -of May shall be deemed torbe.the same year,.as that for /which, such part pay^ merit shall have been.made.; !,j,..." " ~74. Notwithstanding anything contained in.tliese regulations, it shall be lawful for the, Goveriior, upon the recommendation _nl the Superintendent and Provincial Couhil, at any timie,and from time to time, be proclamation in the Government Gazette of the Province, to reserve for the purposes - hereinafter mentioned any lauds within 'the"Province, adjacent to or in the neighbourhood.-i of any ■tp\vn,'nowfor" wliich may hereafter be formed, and..to declare that on and from a day to be'named in,such ,proclamation all ,depasturing licenses issued under, tliese, regulatibrisj in respect of such reservied;lands^" shall cease and be of no effect; on.a^<l 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, hereaftor,' by regulations' td be issued in that behalf, according, to the.provisions of the Waste Lands Act, upon (tlie recpinmeiidatipn_pf 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 \ thereop,;■;' such timber may .be sold by public' auction atari' upset price iyidsubjefet to conditions to be fixed' by the Superintendent, and tlie purchaser shall agree; to remove tlw same within a certain time; and all the timber not removed within such time may beagairi piitup to'public auction. 76. No persoii sliall, - without! a; license, cut or remove any timber from any, Was,te Lands of the Crown (except timber whicli lie shall have purchased .under the last clause);' and any; persons so 'cutting or removing timher shall,be liable to pay the cost of such license for oneydar together "with thecosts offefeoyeping the arnoun.t of the same.' ' "'".'■ "' '■"/'_' ',: ". ' : Every iiceiise for cutting oirrembying timber shallbe issued for one mpnth," or for one year, at the request of the nerson applying for the same"; and a fee of 10s. shall be paid upon, eyery inoathly license, and of £5 upon eyei-y yearly license, - 78. A license. shall entitle up/pue.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, td saw, split, or f empye the timber so" cut; and such' license shall/not tie transferable.' . ... ; '. ,' _'~.'• .' y',' ■'~".' '.;.'.-'.'.;, . 79. A license to cut timber shall extend only tothe district named therein. -,_■■■ ;-- x .•'■, :'■_ -~;. <.■ / 80. ■ If any person duly licensed shall have established a saw-pit for the pm-pose-.of ;sawing timber>'no other person shall ..cnt-. timber wthi.n.soyards-ofsuch.;pit without consent of the person .first.occupyingsiich saw-pit; provided thatirthe,persqflestalDlwliingsuch pitshaU not use the same; ond'shall ,npt;cyt tjinber ,withiu,such-.distance4is mfpresai.d. ;fcain..theLpit..for_2.B consecutive days, for any other holder of ajiccjac.e .tp,tater, thereupon,, and, to cut timber as though si^cU pit had not been.cstablislied;:; '"'' B^. If any .person'sh«il. fqr ;/ the purpose ,of removing timber, liavc inade.aroad.upbn.land,being the Waste Lands of the.Crown,and liot being :a liighway,' it shall not "be" lawful for any' other perepn,:to'us<j the same without the permission ,d£the person'making tlie same; "firstibbtaincU;; 'provided -fliaf if 'sucli road'shjiill'not be used at'aiiy'time'for 90 consecutive dars;'it shall be la\vfulfpr any liplder'of a.licenie at anytime .th&'i^a^er'tP.useVtlie^scija^' ';:;'" t ,;;',';:. :<^\\%u:\'-.''^% ' 82 .'.it any. person hoTdihg;'a" timber' license, shpll ije proved before tlie -Waste ' Lands Board to Kcffie offended against any regulations herein contijiifed jre6pecting'tiinber,'or^to'haye w.lfijlly'brnegligentKin/Tired or. destroyed by fire or othei-wise' aliy timbei* b?- ---■ lpijging to tlie Ciwnj1 such" liderise shall be,: tupdj^SiO'l be unmediately declared to be .forfeite'^'aßd it sliaTt'oe at the discretion of the B6^rto'ref^se.toissueTat(oinßr timber license to the sajnp perspn^.i: ;'' ';• '■'' ~*.'^

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https://paperspast.natlib.govt.nz/newspapers/ODT18620523.2.19

Bibliographic details

Otago Daily Times, Issue 162, 23 May 1862, Page 7

Word Count
5,470

REGULATIONS Otago Daily Times, Issue 162, 23 May 1862, Page 7

REGULATIONS Otago Daily Times, Issue 162, 23 May 1862, Page 7

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