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The Pamphlet Collection of Sir Robert Stout: Volume 44

Part VI. Land Held for Pastoral Purposes. — In Regard to Runs Within Canterbury

page 125

Part VI. Land Held for Pastoral Purposes.

In Regard to Runs Within Canterbury.

98. From and after the first day of May, one thousand

Rent of runs assessed on carrying capacity.

eight hundred and eighty, the rent to be paid by every licensee in respect of a run held under the provisions of any Waste Lands Acts or Regulations heretofore in force within the Land District of Canterbury shall be determined according to the value of the run; such rent shall not be more than two shillings nor less than ninepence for every head of sheep, and not more than ten shillings nor less than four shillings for every head of cattle which such run shall be determined by the Board to be capable of carrying.
99. The Board shall, not later than the first day of

Carrying capacity to be ascertained and gazetted.

November, one thousand eight hundred and seventy-eight, determine the grazing capability of each run held under license in the Canterbury Land District, and shall within the maximum and minimum hereinbefore prescribed, according to the value of the run, decide the rate to be paid on the stock depastured thereon, and shall cause to be inserted in the Gazette a notice of the amount of rent to be paid in respect of each run in such district, and unless appealed against, as hereinafter provided, the amount therein mentioned shall be binding and conclusive upon the occupier.
100. In no case shall a run be determined to be capable

Minimum rate at which estimate of capacity to be calculated.

of carrying a smaller number of stock than the number which was depastured thereon in the year one thousand eight hundred and seventy-six, according to the returns of cattle and sheep respectively furnished in that year for the purpose of striking a rate thereon, under the provisions of the Acts or Ordinances then respectively in force in that behalf, unless the grazing capabilities of such run shall since the date of such return have been diminished in consequence of a portion of such run having been sold or leased, licensed, or reserved, or from some other such cause, and, if so diminished, a proportionate reduction may be made according to the quantity of land by which such run has been diminished.
page 126

Appeal maybe had if either party dissatisfied.

101. If the Minister shall be dissatisfied with the amount of the rent fixed by the Board as aforesaid, be may, in manner hereinafter provided, appeal against such determination; and, if the occupier of any run shall be dissatisfied with any such determination, ho may in like manner appeal there from, on making a deposit of fifty pounds to the Receiver of Land Revenue as a security to the said Board for any cost incurred in connection with such appeal.

Application to Judge to allow appeal.

102. The Minister or the occupier may, at any time within three months after the first publication in the Gazette of such notice, cause a summons to be taken out, returnable before a Judge of the Supreme Court in Chambers, to show cause why, on one or more of the grounds hereinafter mentioned, and which shall be specified in the summons, an appeal should not be allowed against such determination; and if, on the hearing of such summons, it shall appear by affidavit or oral testimony, or both, to the said Judge that the said determination was fraudulent or erroneous or unjust, the Judge shall make an order, without costs, that such determination may be appealed against by the Minister or the occupier.

On leave given, matter on appeal referred to arbitrators.

103. The party in whose favour any such order shall be made may, within one month after the making thereof, give notice to the other party of the intention to appeal against such determination, and in such notice name the person appointed by such party to decide the said appeal; and the other party shall within seven days from the service of such notice appoint another arbitrator, and the two arbitrators shall appoint a third arbitrator; or if they refuse or neglect to do so within fourteen days, or if the party on whom such last-mentioned notice has been served neglect or refuse within the time before-mentioned to appoint an arbitrator, a Judge of the Supreme Court may and shall, on the application of the party in whose favour the order has been made, appoint an arbitrator, to act with the arbitrator or arbitrators previously appointed in the matter of the said appeal, and the arbitrators so appointed shall, after having inspected the run, hear and receive evidence, in a place to which the public shall be admitted, and the decision shall be given within two months after the service of such notice.

Arbitrators may examine on oath.

104. Such arbitrators shall have all the powers which by page 127 any Act now in force can be exercised by any arbitrator appointed by a rule of Court, including the power of examining witnesses upon oath.

Every such arbitrator shall, previously to entering upon his duties, take and subscribe before a Justice of the Peace an oath that be will well and faithfully discharge his duty as an arbitrator, and do right in the matter of the arbitration submitted to him to all persons without fear or favour, affection or ill-will.

105. Subject to the provisions of section ninety-eight,

Arbitrators to fix rent of run.

such arbitrators, or a majority of them, shall determine the amount of rent to be paid in respect of the run according to its grazing capabilities, and shall have power to fix the rent at a higher or lower amount than that fixed by the Board; and the amount so determined shall be the rent to be paid in respect thereof.
106. The arbitrators shall award that the unsuccessful

Arbitrators may award costs of appeal.

party shall pay to the other party the reasonable costs attending such appeal, and also the costs of the arbitrators; but such last-mentioned costs shall not exceed the sum of three pounds for every day occupied by each arbitrator in going to and returning from the run, and in inspecting the same and examining witnesses; and in no case shall the costs to be paid to the arbitrators exceed thirty pounds.

If the amount of rent determined by the arbitrators shall be less than that determined by the said Board by one-tenth only, the party appealing shall not be entitled to recover any costs from the said Board.

If the rent as fixed by the Board be not reduced, it shall apply the deposit to be paid as aforesaid towards satisfaction of the costs incurred.

107. If, before the making of such determination as

Substitution of arbitrators in case of death, &c.

aforesaid, any arbitrator die, or refuse or become incapable to act, the party or Judge by whom such arbitrator was appointed, as the case may be, shall appoint another in his stead; and, if such party fail to do so for the space of fourteen days after notice from the other party in that behalf, such other party may appoint an arbitrator in his stead; and every arbitrator so appointed shall have the same powers and authorities as were vested in the arbitrator in whose stead such appointment shall have been made.
108. If on proper representation the Board shall

Board may increase estimate of rent.

have page 128 reason to believe that the amount originally determined as the rent to be paid in respect of any run or runs "was fixed at too low an amount, it shall be lawful for the said Board, at any time within twelve months after such determination, to increase the amount of such rent: Provided always that notice of the fact of such increase having been made shall within one month thereafter be inserted in the Gazette, and that a copy of such notice be posted to the occupier of such run in a letter addressed to him at such run.

Similar appeal as in former case.

109. Such occupier may appeal against the determination of the Board in making such increase; and such appeal shall be decided in the same manner, and such decision shall have the same consequences, in all respects as is hereinbefore provided with regard to an appeal from the original determination of the Board as to the amount of rent to be paid.

Present run-holders may elect to hold under assessments.

110. Every holder of a depasturing license whose rent has been determined as hereinbefore provided, who shall on or before the first day of May, one thousand eight hundred and eighty, pay the first year's rent in advance, and in other respects comply with the provisions' of this Act, shall be entitled from thenceforth to hold his run as from the first day of May, one thousand eight hundred and eighty, until the first day of May, one thousand eight hundred and ninety, subject to the provisions of this Act, and thereafter the depasturing license and all rights (if any) created thereunder shall absolutely cease and determine.

Licenses may be forfeited.

111. If any holder of a depasturing license shall at any time fail or neglect to pay the rent due in respect thereof, or shall fail to pay the rent which may be determined by the Board or by arbitrators as hereinbefore provided, the Commissioner of Crown Lands shall declare such license to be forfeited, and the run shall then be dealt with as provided by this Act in respect to unlicensed or forfeited runs.

Preemptive rights to cease on 1st May, 1880.

112. All rights of preemption heretofore granted in the Land District of Canterbury shall, on and after the first day of May, one thousand eight hundred and eighty, absolutely cease and determine.

Fencing, buildings, and other improvents may be removed on termination of lease.

113. If the holder of any depasturing license shall have erected or made, or shall hereafter erect or make, any page 129 building, fencing, enclosure, or other improvement on Crown lands included within his license but not included in any preemptive right, and such land shall be purchased by any other person than such holder, be shall be entitled to remove such building, fencing, enclosure, or other improvement within three months from the date of his receiving a written notice of such purchase from the Board.