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The Pamphlet Collection of Sir Robert Stout: Volume 44

Special Provisions

Special Provisions.

163. Before any appraiser enters into the consideration

Appraisers to make declaration in all cases.

of any matters referred to him under this Act, be shall in page 144 the presence of a Justice make and subscribe the following declaration, that is to say,—

I, A.B., do solemnly and sincerely declare that I have no interest either directly or indirectly in the matter of [Here state], and that I will faithfully and honestly and to the best of my skill and ability make the appraisement and valuation required under the provisions of "The Land Act, 1877," and I make this solemn declaration conscientiously believing the same to be true, and by virtue of an Act of the General Assembly of New Zealand intituled "The Justices of the Peace Act, 1866."

Outlying pieces of land may be sold to adjacent owners at valuation.

164. In cases in which there may be no convenient way of access to any portion of the Crown land, or in which any portion of the Crown lands may be insufficient in area for public sale, or in which a portion of Crown land may lie between land already granted and a street or road which forms or should form the way of approach to such granted land, or in any other cases of a like kind, the Board may sell such lands to the holder or holders of adjacent lands without competition, and at a price to be determined by an appraiser to be appointed by the Board: Provided always that no such land shall be sold at a less price than two pounds an acre.

Penalty for unlawful occupation of Crown lands.

165. If any person be found in unauthorised occupation of any Crown lands, or shall knowingly and willfully depasture, without authority in that behalf, any cattle or sheep on such land, be shall be liable on conviction thereof to the penalties following, that is to say, for the first offence, a sum not exceeding five pounds; for the second offence after an interval of fourteen days from the date of the previous conviction, a sum not exceeding twenty pounds; and for any subsequent offence after a like interval, a sum not exceeding fifty pounds. But no proceedings to recover any such penalty may be taken except by some person authorized in that behalf by the Governor or the Board.

Removing boundary mark misdemeanour.

166. If any person shall wilfully obliterate, remove, or deface any boundary mark which may have been made or erected by or under the direction of any authorized surveyor, or by any officer of any Land Board, or of any arbitrator as to boundaries, be shall be guilty of a misdemeanour.
page 145
167. Notwithstanding anything in this Act contained,

Governor may withdraw any land from sale or lease. Governor may make regulations for management of reserves, domains, &c.

the Governor, if we shall think fit, may withdraw from sale, leasing, or licensing any land or allotment.

168. The Governor shall have power from time to time to make and alter or rescind rules and regulations for the care, protection, and management of all reserves and public domains not vested in or under the control of any local authority, and for the preservation of good order and decency therein, and all such rules and regulations shall be published in the Gazette, and shall be posted in some conspicuous place in every such domain and reserve; and every person offending against any such rule or regulation shall, on conviction before any Magistrate, forfeit and pay a penalty not exceeding five pounds for each offence; and every person who shall knowingly and wilfully offend against any such rule or regulation, and who shall not, after be shall have been warned by any Hanger of Crown Lands, or any constable, desist from so offending, may be forthwith apprehended by such Ranger or constable and taken before some Magistrate, and shall on conviction forfeit and pay a penalty not exceeding ten pounds.

169. The Governor shall have power from time

Governor may make general regulations as to surveys, boundaries, forms of leases, &c.

to time to make rules, regulations, and orders for the purposes hereinbefore mentioned, to alter or rescind such rules, regulations, and orders, to provide for the mode by which any land or allotment shall be surveyed and boundaries adjusted, for prescribing the form of and the conditions and mode of applying for licenses and leases to be issued under this Act, and the conditions upon which the same shall be issued, for imposing any reasonable charge for surveys or fee for any document issued under the authority of this Act, for providing for all proceedings, forms of leases, licenses, and other instruments, and for the execution of all other matters and things arising under and consistent with this Act and not herein expressly provided for, and for the more fully carrying out the objects and purposes and guarding against evasions and violations of this Act; and all such regulations shall be signed by the Minister, and upon being published in the Gazette shall be valid in law, as if the same were enacted in this Act, and shall be judicially noticed; and all such rules, regulations, and orders shall be laid before both Houses of the Assembly within
page 148
1872. No. 39—"The Otago Waste Lands Act, 1872."
1872. No. 42—"The Nelson Special Settlements Act, 1872."
1872. No. 43—" The Hawke's Bay Special Settlements Act, 1872."
1872. No. 46—" The Southland Waste Lands Act Amendment Act, 1872."
1873. No. 33—"The Canterbury Waste Lands Act, 1873."
1873. No. 34—"The Westland Waste Lands Act Amendment Act, 1873."
1873. No. 45—"The Commissioners of Crown Lands Act Amendment Act, 1873."
1873. No. 65—"The Southland Waste Lands Act Amendment Act, 1873."
1873. No. 66—"The Otago Hundreds Proclamation Validation Act, 1873."
1874. No. 16—" The Auckland Waste Lands Act, 1874."
1874. No. 17—" The Hawke's Bay Waste Lands Regulations Amendment Act, 1874."
1874. No. 18—"The Marlborough Waste Lands Act 1867 Amendment Act, 1874."
1874. No. 19—"The Nelson Waste Lands Act, 1874."
1874. No. 20—"The Otago Waste Lands Administration Act, 1874."
1874. No. 21—" The Taranaki Waste Lands Act, 1874."
1874. No. 22—" The Westland Waste Lands Act Amendment Act, 1874."
1874. No. 23—"The Wellington Special Settlements Act Amendment Act, 1874."
1875. No. 59—" The Gold Fields Act Amendment Act, 1874."
1875. No. 12—"The Southland Waste Lands Act Amendment Act, 1875."
1875. No. 48—"The Taranaki Waste Land Act 1874 Amendment Act, 1875."
1875. No. 67—"The Otago Waste Lands Act 1872 Amendment Act, 1875."
1875. No. 68—"The Auckland Waste Lands Act 1874 Amendment Act, 1875."
1876. No. 51—"The Waste Lands Administration Act, 1876," except the provisions contained in sections numbered respectively two, three, eleven, seventeen, eighteen, nineteen, twenty, twenty-nine, seventy, seventy-one, and seventy-two.