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General Provisions as to Runs.
Existing leases on expiry to be sold at auction.
119. Subject to the provisions hereinbefore contained in respect of runs within the Land Districts of Canterbury and Otago respectively, and to any rights subsisting under any enactment repealed hereby,—
All Crown lands which at the time of the passing of this Act shall be occupied for pastoral purposes by virtue of any lease, license, or other authority may, on the
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determination or surrender of any such lease or license, if the Governor in Council shall see fit, be exposed to auction in runs of such extent as we shall approve.
All unoccupied Crown lands, and all Crown lands the
Also leases of unoccupied lands.
license for which may be forfeited or surrendered, may in like manner be exposed to auction as aforesaid.
No larger extent of such land than will be sufficient,
according to the estimate of the Board, to carry all the year round five thousand sheep or one thousand head of cattle shall be offered at auction in one lot under the provisions of this Act.
120. Before any run shall be exposed at auction, the
Rent to be advertised before sale.
Board shall determine the upset amount of rent at which the same will be put up at auction, and notify the same by advertisement, and notice of such auction shall be given in the same manner in all respects as herein enacted with regard to town and suburban lands about to be sold by auction.
121. The license shall be for such term not exceeding
Term for ten years, subject to twelve months' notice.
ten years as the Board shall fix, subject to be determined at any time in manner next hereinafter provided, if the Governor shall be of opinion that the land therein comprised, or any part thereof, is required for sale as agricultural or pastoral land.
It shall be lawful for the Governor at any time and from time to time to cause to be given to the licensee twelve months' notice in writing that the whole or any part of the land comprised in any such license is so required, and at the expiration of such notice the license in respect of the land then specified shall determine and be void.
If part of the land only comprised in any license is affected by any such notice, it shall be lawful for the licensee at any time, either before or after the expiration of such twelve months' notice as aforesaid, on giving not less than six months' notice of his intention to do so, to surrender his license as to the whole or part of the land therein comprised but not affected by such first-mentioned notice.
No licensee shall be entitled to any compensation in consequence of his license being determined as aforesaid as to the whole or any part of the land therein comprised.
Provided always that in the Land District of Otago such licensee shall be entitled to compensation in respect
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of improvements on land, as mentioned and determined in amount in section one hundred and sixteen of this Act, the license of which shall be so determined, if, having been the occupant of such land before the expiration of the old lease, he has received no compensation for improvements made by him during the currency of the old lease, or if bee has paid to the Receiver of Land Revenue valuation for such improvements under the provisions of clause one hundred and fifteen of this Act, or of "The Otago Waste Lands Act, 1872."
First year's rent to be paid in advance.
122. The person who shall pay the highest sum by way of annual rent for any such run shall be entitled to receive a license to occupy the same for pastoral purposes, provided be shall pay the first year's rent in advance at the time of such auction; and in default of such payment the run shall be forthwith again put up to auction.
123. Every license of a run purchased at auction as aforesaid shall, if the run is held under license at the time of sale, bear date on the next first day of March following the determination of such license, and in respect of lands not held under license shall bear date on the next first day of March
Rent for intermediate period between purchase and license.
following the date of such auction: Provided always that the purchaser of the license shall pay, over and above the first year's rent required to be paid in advance, and at the same time as such rent is paid, a further sum equal to the amount of rent that shall be payable in respect of the run described in such license for the whole period that may intervene between the date of the auction and the date of the license.
If no bidders, rent may be reduced and again offered.
124. If there be no bidder at such auction, the Board may reduce the amount of the rent; and the run shall be again exposed to auction, after notice of the same shall have been given in manner hereinbefore provided, and so on from time to time until the license of the said run shall be sold.
Rights granted by pasturage license.
125. A pasturage license shall entitle the holder thereof to the exclusive right of pasturage over the lands specified therein, but shall give no right to the soil or timber or minerals, and shall immediately determine over any land which may be proclaimed a hundred, or which may be licensed, leased, purchased, granted, or reserved under this or any other Act. Such roads and rights-of-way as the Governor or the Board may deem necessary
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may at any time be taken through any run without compensation.
126. The interest in a run held under any license which
License may be transferred
may be issued hereunder to occupy for pastoral purposes shall be deemed to be a chattel interest for all purposes.
Such interest may be transferred in writing attested by a Justice, either endorsed upon the license or on a separate document; and the person to whom such interest shall be transferred shall be entitled, upon payment of a fee of ten pounds, to receive a license to occupy for pastoral purposes: Provided that the person making such transfer shall be liable for the instalment of rent which shall become due next after such transfer.
Every transfer of the interest in a run held under a license to occupy for pastoral purposes shall be registered at the office of the land district; and until such registration has been made as aforesaid the said transfer shall have no effect or operation, and no interest, either at law or in equity, shall be transferred thereby.
127. Every license issued under the authority of this
Conditions to be contained in license.
Part of this Act shall contain the following conditions:—
(1.) A condition for the payment of the rent at the times herein mentioned;
(2.) A condition that if the licensee, or any person claiming an interest through or under the licensee in the run for which the license has been issued, shall make or cause to be made any agreement or contract, or shall give or cause to be given or taken any negotiable security, for the purpose of defeating or evading the provisions of or shall in any way whatsoever directly or indirectly commit or be privy to a fraud upon this Act, the license shall be liable to be forfeited and revoked in manner hereinafter provided: And every license shall contain such other conditions and provisions, not inconsistent with the provisions of this Act, as the Board shall approve of and shall direct to be inserted therein.
128. If at any time while any such license is in force
On violation of conditions license may be revoked.
it shall be shown to the satisfaction of the Board that any condition of such license has been violated, the Board may forfeit and revoke such license, and may dispose of the run to which such license applied as if such license had never
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been issued; and such licensee, and bits executors, administrators, and assigns, shall be taken to have forfeited all right, title, and interest under such license, and to be, as against the Crown or the Board, or any person claiming under the Crown or the Board, a mere trespasser or mere trespassers; and the production of a copy of the
Gazette containing a notice, purporting to be signed by the Commissioner of Crown Lands, of the forfeiture and revocation of any such license, shall be evidence that such license has been lawfully forfeited and revoked.
129. The licensee of any run may with the sanction of the Board, and upon payment of a fee of ten pounds for every subdivision, divide such run, and the Board shall determine the amount of rent to be paid in respect of each subdivision of the original run, so that the rent to be paid for the whole of such subdivisions shall not be less than the rent paid for the run when undivided.
And the Board shall issue licenses authorising the occupation for pastoral purposes of each run into which the original run shall have been so divided, at the rent so-determined by the Board as last aforesaid: Provided always that no preemptive right to purchase or lease shall be exercised after such subdivision.
Where runs are diminished by Board, rent to be abated.
130. If the area of any run shall be diminished by reason of any portion thereof being proclaimed a hundred, licensed, leased, purchased, granted, or reserved, the license of the run shall be revoked to the extent that the same shall thereby be diminished, and the rent to be paid in future in respect of such run shall be reduced to an amount proportionate to the area over which the license has been so revoked.
Licensee may purchase land on run for homestead.
131. It shall be lawful for the Board to permit the original holder of a pastoral license issued under this Act to apply for and purchase in one block, and at such price as the Board may determine (not being less than the upset price of land in the district), an allotment of land not exceeding three hundred and twenty acres on which to erect buildings, yards, or such other improvements as may be necessary for working the run: Provided that any licensee who has at any time heretofore purchased or become the owner of a preemptive right in such run shall not be entitled to purchase hereunder.
Certain lands may be excluded from application for license.
132. The Board may refuse to receive any such appli-
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cation for any land supposed to be auriferous, or to contain any mineral or metal, or which in the opinion of the Board may be required for the site of a town or ferry or for any reserve or public purpose; and such application if received shall be surveyed in all respects in conformity with the regulations as to roads and frontages in force in the land district.
133. Notwithstanding that the Board may have received
Board may refuse application, and refund money.
such an application, it shall be lawful for the Board after the survey of the land has been made, if to the Board it shall see fit, to refuse to grant the application either as to the whole or as to part of the land applied for, and to return the moneys (if any) paid on account of purchase-money or surveys, or such part thereof as has been paid on account of the portion of land the application for which shall not be granted.
134. The rent payable in respect of any run shall,
Rent payable half-yearly in advance.
except as is hereinbefore provided in respect of the first year's rent, be paid in equal parts, half-yearly in advance, on the first day of March and the first day of September in each year.
135. The rent may be recovered in like manner as any
Rent recoverable by distress on order of Commissioner.
rent is or shall be recoverable by law, and, in case the same shall be levied by distress, an order of the Commissioner of Crown Lands shall be a sufficient warrant and authority to distrain, any law or enactment to the contrary notwithstanding.
136. If the occupier of any run shall not pay the rent
Penalty on occupier in arrear of rent.
within fourteen days after it shall become due, be shall be liable to a penalty of one pound for every day that such rent shall be in arrear after the day when it became due, to be added to the amount of the rent due: Provided always that, in case of the death of the lessee before the rent becomes due, the time of payment may be extended by the Board to three months.
137. If such rent and penalty be not paid within one
Run forfeited if rent three months in arrears.
month after such rent became due, the said Board shall cause to be inserted in the
Gazette a notice to the occupier of such run that the same is liable to forfeiture; and if such rent, together with the full amount of the penalty, be not paid within three months after the date of such insertion, the Commissioner of Crown Lands shall forthwith declare such run forfeited, and after any such declaration
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the interest of such occupier in such run shall cease and determine.
Disputes as to boundaries of adjoining runs settled by arbitration.
138. When any difference exists or shall arise between the occupiers of adjoining runs as to the common boundary thereof, the Board may, by an order in writing, direct that the same shall be ascertained by some competent person to be appointed in such order, and by two other persons, one to be appointed by each of the said occupiers, and such three arbitrators or any two of them shall make their award in writing of and concerning the premises on or before the day named for that purpose in such order, or on or before such further day as the Board shall by writing indorsed on the same order appoint, and such award shall be transmitted to and deposited in the office of the Board, and shall be binding and conclusive on Her Majesty and the said occupiers respectively, and the cost of such arbitration shall be borne by the said occupiers in such manner or proportions as the said arbitrators shall direct.
Arbitrators to mark boundaries on the ground.
139. It shall be lawful for the arbitrators who may determine the boundary as aforesaid to mark on the ground such boundary, and such boundary so marked shall be held to be the boundary of such runs. And it shall be lawful for the said arbitrators, or any authorised officer chosen by the Board, to certify, by his or their signature duly attached to any plan representing such boundary, the accuracy of such representation, and such plan shall thenceforth become and be legal evidence of such boundary.
Board may hare runs surveyed to ascertain area.
140. When the area of any run has not been ascertained with sufficient accuracy, the Board may cause such run to be surveyed for the purpose of ascertaining its area, and in consideration of the expense of such survey may charge to the licensee of such run a sum not exceeding thirty pounds, and the sum so charged shall be taken to form a part of the rent payable during that year in respect of such run, and may be recovered in the same manner as such rent is recoverable.
Runholders not entitled to compensation if Act altered or repealed.
141. No occupier of land for pastoral purposes shall be entitled to any compensation by reason of this Act being hereafter repealed or altered.
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determination or surrender of any such lease or license, if the Governor in Council shall see fit, be exposed to auction in runs of such extent as we shall approve.
of improvements on land, as mentioned and determined in amount in section one hundred and sixteen of this Act, the license of which shall be so determined, if, having been the occupant of such land before the expiration of the old lease, he has received no compensation for improvements made by him during the currency of the old lease, or if bee has paid to the Receiver of Land Revenue valuation for such improvements under the provisions of clause one hundred and fifteen of this Act, or of "The Otago Waste Lands Act, 1872."
may at any time be taken through any run without compensation.
been issued; and such licensee, and bits executors, administrators, and assigns, shall be taken to have forfeited all right, title, and interest under such license, and to be, as against the Crown or the Board, or any person claiming under the Crown or the Board, a mere trespasser or mere trespassers; and the production of a copy of the Gazette containing a notice, purporting to be signed by the Commissioner of Crown Lands, of the forfeiture and revocation of any such license, shall be evidence that such license has been lawfully forfeited and revoked.
cation for any land supposed to be auriferous, or to contain any mineral or metal, or which in the opinion of the Board may be required for the site of a town or ferry or for any reserve or public purpose; and such application if received shall be surveyed in all respects in conformity with the regulations as to roads and frontages in force in the land district.
the interest of such occupier in such run shall cease and determine.