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The Pamphlet Collection of Sir Robert Stout: Volume 7

X.—Pasturage

X.—Pasturage.

45. Until sold, granted, or reserved for public

Land may be occupied under Pasturage License

purposes, as herein provided, the Waste Lands may be occupied for pasturage purposes by persons holding licenses from the Waste Lands Board to occupy the same.
46. Any person applying for a Pasturage License

Mode of application for license

shall state to the Commissioners what are the 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 each applicant

Extent of run

shall be at the rate of 120 acres to every head of great cattle, and twenty acres to every head of small cattle. The words "great cattle" shall be construed to mean horned 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,

Form of run

and, as far as circumstances will admit, of a rec- page 18 tangular 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

Fee to be paid for licence

the following rates:—For every run containing less than 1000 acres, twenty shillings for every hundred acres; for every run containing 1000 acres and less than 5000 acres, two 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 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

Minimum fee

loss annual fee than £2 10s. 1
51. The fee shall be paid to the Treasurer of the

This clause was repealed by the "Waste Lands Regulations Amendment Ordinance 1858," Session IX., No. 1, and the following clause substituted for it

Waste Lands Board every year, in advance; for the first year on the issue of the license, and for the second and every subsequent year on the 1st day of May; and every pasturage license not renewed by payment of the required fee on the 1st day of May shall, unless good cause to the contrary be shown to the satisfaction of the Waste Lands Board, be considered as abandoned.
51. The fee shall be paid to the Treasurer of the

Payment of fee

Waste Lands Board every year, in advance; for the

1 Except in the case of those Pasturage Licenses hold under the provisions of "The Canterbury Waste Lands Act 1869," the annual rental of which was determined by assessment.

page 19 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 1st day of May inclusive: And every pasturage License not renewed by payment of the required fee on or before the 1st day of May shall, unless good cause to the contrary be shown to the satisfaction of the Waste Lands Board, be considered as abandoned. 1
52.Every pasturage license shall be in the form

This clause was repealed by the "Waste Lands Regulations Amendment Ordinance 1858" Session IX., No. 1, and the following clause substituted for it

set forth in the Schedule C, hereto annexed, and shall be transferable by endorsement in the form set forth in the Schedule; and shall entitle the holder to the exclusive right of pasturage over the lands specified therein upon the terms above stated. It is intended that such license shall be renewable from year to year until the land specified therein shall be purchased, granted, or reserved, under these Regulations; and, if so renewed, the fee to be paid in respect of such licenses shall not be altered until the 1st of May, 1870. Such license shall give no right to the soil or to the timber, 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.
52. Every Pasturage License shall be in the form

Form of license

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

1 Subject to the provisions of "The Waste Lands Board Appeal Act 1867." (See Appendix No. VIZ., hereto.)

Except also Pasturage Licenses held under "The Canterbury Waste Lands Act 1864," and "The Canterbury Waste Lands Act 1869," which if not renewed by payment of the required fee within the time prescribed by "The Waste Lands Board Appeal Act 1867," are declared "forfeited' by the Board, and put up to public auction after forfeiture. (Sec Appendix No. VI., hereto.

page 20 such transfer shall be deemed to be complete upon notice thereof being duly given to the Waste Lands Board, and not before. 1A 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 1st May, 1870. 2 Such license shall give no right to the soil or to the timber, 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, 3

Stock, certain quantity required for run

53. If 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 be 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.

1 Power is given to the Board by "The Canterbury Waste Lands Act 1866" to issue fresh licenses in case of the transfer or sale of a portion of the lands held under license, or, of exchange of right of pasturage over adjoining lands, or where it is desirable to include in one license contiguous lands held, under two or more licenses. (See Appendix No. III., hereto.)

2 In the case of Runs held under "The Canterbury Waste Lands Act 1864" and "The Canterbury Waste Lands Act 1869," the annual rental payable up to the 1st May, 1880, is fixed by those Acts, and cannot be altered until that date. (See Appendices Nos I. and VI., hereto).

3 The Superintendent may, under authority of "The Canterbury Waste Lands Act 1867" direct any holder of a Pasturage License to make such gates or other openings in any fence erected by him on Waste Lands of the Crown as he may deem necessary. (See Appendix No. IV., hereto.)

page 21
54. In any case in which a runholder can prove to

Condition under which stock not required to be on run

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 his 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 on the run at the expiration of such period.
55. Every holder of a license shall, at any t im

Licensee to make return of stock when required by Waste Lands Board

upon a written order from the Waste Lands Board to that effect, 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.
56. Every run or portion thereof which shall

Run forfeited to be put up to auction

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 original license. Upon appeal from any person whose run has been forfeited within sixty 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. Every person taking out a license for a run

Deposit to be made on taking out license

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 have fulfilled the conditions in respect to stocking the run within the prescribed period; but if such conditions be not fulfilled, such deposits shall be forfeited.
page 22

Foregoing rules not to apply to runs under 5000 acres

58. The above rules in respect to stocking a run, and to the lodgment of deposit money with the Treasurer, shall not apply to runs containing less than 5000 acres.

Payment for survey of run

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 exceeding twenty shillings for every thousand acres.

Pre-emptive Right

60. Every holder of a Pasturage License shall, upon application to the Waste Lands Board, be entitled to pre-emptive right over portions of his run as follows:—For a run of not less than 1000 acres, and not more than 5000 acres, over a block of land comprising and circumjacent to his homestead, to the extent of 5 per cent, of the acreage of the run; for a run of 5000 acres and upwards, over 250 acres of land comprising and circumjacent to his homestead

This part of the clause was repealed by "The Canterbury Waste Lands Act, 1867."

or principal station 1; 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 to the land so occupied or improved.

1 . The "Canterbury Waste Lands Act 1867" enacts (inter alia) as follows:—

(a).That all pre-emptive rights previously granted under clause 60 are validated as from the time at which they were made.
(b).Where improvements covered by any pre-emptive right, granted under the part of clause 60, repealed by the paid Act, are proved to the Waste Lands Board to have become of less value than £50, the Board give notice to licensee to make the improvements of that value within one month If notice not complied with, the right of pre-emption is declared forfeited. Forfeiture not to ensue when the deterioration in value is caused by purchase of part of land on which the improvements stand.
(c).Crops may not be raised for sale on land covered by pre emptive right.
(d).In the case of improvements made or erected by the holder of a Pasturage License, and which are not. covered by pre-emptive right, the holder of the Pasturage License is entitled to remove the same at any time within three months after receipt by him of notice from the Board of the purchase of the land on which the improvements stand.
(e).. Any person wilfully injuring a fence erected by a holder of a Pasturage License on waste lands of the Crown is liable, on conviction, to a penalty not exceeding ten pounds.

(* See Appendix is No. IV. hereto)

page 23
61. The licensee shall, at the time of his application

Mode of applying for pre-emptive right

to the Board, give a sufficient description of the lands over which he claims such pre-emptive right, to the satisfaction of the Chief Surveyor; and the same shall be marked off on the authenticated maps in the Land Office.
62. The lands included in such pre-emptive right

Repealed by "The Canterbury Waste Lands Act 1867," and the following clause substituted for it

may be of such form as the, applicant shall choose; but any land purchased by him in the exercise of such right shall be subject to the Regulations as to form and frontage herein contained.
62. The lands included in such pre-emptive rights

Form of pre-emptive right

shall be subject to the rules as to form and frontage herein contained with respect to purchased land 1
63. The Waste Lands Board shall not receive

Application for purchase of pre-emptive right

or 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 the whole of such block.
64. The right of pre-emption hereby given shall

Eight of pre-emption to be exercised within certain time

be exercised within one week for all lands within 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 land included in the pre-emptive right. Such notice may be served either personally on the run-holder, 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 2.

1 This does rot apply to pre-emptive rights granted or created under original clause No. 62, which are still subject to the provisions of the original clause.

(See appendix No. IV. hereto).

2 This clause applies to all pre-emptive rights.

(See appendix No. IV. Hereto).

page 24

This clause was repealed by the "Waste Lands Regulations Amendment Ordinance 1858," and the following clause substituted for it

65. The 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 four shillings per acre of the purchase money, and the remainder he 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 purchase any portion of the land applied for.

Applicant for rural land within pre-emptive right to make deposit

65. The 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 four shillings per acre of the purchase money, and the remainder he 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 land applied for, and pay the requisite deposit.

This clause was repealed by the "Waste Lands Regulations Amendment Ordinance 1858," and the following clause substituted for it

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 four shillings per acre of the purchase money of such portion; and if he shall not within six weeks thereafter have paid the remainder of the purchase money, he shall forfeit such deposit, together with all right or title to the land.

Holder of pre-emptive right if intending to purchase, to make 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 four shillings per acre of the purchase money of such portion; and if he shall not within six weeks thereafter have paid the remainder of the purchase money, he shall forfeit such deposit, together with all right or title to the land.
page 25
If the holder of any pre-emptive right other than

The words erased were repealed by the "Canterbury Waste Lands Act, 1867."

those created by clause 60 of the Waste Lands 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. Holders of pasturage licenses with pre-emptive

This clause was repealed by proclamation of the Governor, dated 14th August, 1856, and the following clause substituted for it

right in connection with purchased lands, whether under the Canterbury Association or the Crown, shall be entitled to claim pasturage licenses over the lands included therein upon the terms of these regulations, with a pre-emptive right over such land, to be exercised subject to these regulations as regards notice of application, payment of deposit and purchase money, price of 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, on paying rent for the same, may take credit for the amount paid by him in respect of lands covered by such pre-emptive right.
67. Pasturage Licenses, with pre-emptive right in

Licenses with pre-emptive: right held under Canterbury Association or Crown, when to come under these Regulations

connection with purchased lands, whether under the Canterbury Association or the Crown, shall, from and after the 1st day of April, 1856, be taken and deemed to be Pasturage Licenses over the lands included therein, upon the terms of these Regulations, with a pre-emptive right over all such land, to be exercised subject to these Regulations as regards notice of application, payment of deposit, purchase money, price of 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 paying rent for the same, may take credit for the amount paid by him in respect of lands covered by such pre-emptive right.
page 26

This clause was repealed by proclamation of the Governor, dated 14th August, 1856, and the following clause substituted for it

68. Nothing in these regulations shall be interpreted to affect the legal rights or equitable contracts made by the Canterbury Association or the Government with holders of the pasturage licenses. But if any person holding a license under the Canterbury Association or the Government shall voluntarily resign the same to the Government, he shall be entitled to receive a license under these regulations, and shall from the date of such exchange hold his run at the rate and on the conditions specified in these regulations.

Licenses without pre-emptive right held under Canterbury Association or Crown may be renewed

68. Holders of Pasturage Licenses without pre-emptive 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 holding a license under the Canterbury Association or the Crown, shall voluntarily resign the same, he shall be entitled to receive a license under these Regulations, and shall from the date of such exchange hold his run at the rate and on the conditions specified in these Regulations.

Exchange of license

69. If any person exchanging his license shall for any period included in the new license have paid rent at a higher rate than would be payable under such license, such overpayment shall be adjusted at the next payment of rent.

Licensee to be paid for improvement, if land on which effected be reserved

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 licensee 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.?
page 27
71. All payments on account of pasturage runs

This clause was repealed by the "Waste Lands Regulations Amendment Ordinance 1858," and the following clause substituted for it

shall in future he made on the 1st day of May, at the Land Office, at Christchurch, and the Waste Lands Board shall sit at that place for the Treasurer to receive the same.
71. All payments on account of pasturage runs

Payments on account of pasturage runs, when to be made

shall in future be made on or before the 1st day of 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 of pasturage

Payments made previous to 1st May next ensuing.

runs before the 1st day of May next ensuing shall be made for the portion of the year only which shall elapse between such day of payment and the said 1st day of May.
73. In calculating the amount of the license fee

In calculating license fee and stock required, broken portion of year to be considered part of year commencing 1st May next ensuing

and the stock required to be on the run, the year commencing on the said 1st day of May shall be deemed to be the same year as that for which such part payment shall have been made.
74. Notwithstanding anything contained in these

Governor may upon recommendation of Superintendent and Provincial Council, reserve land held under pasturage license in the neighborhood of towns

Regulations, it shall be lawful for the Governor, upon the recommendation of the Superintendent and Provincial Council, at any time, and from time to time, by 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 neighborhood 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 of no effect; on and from which day all such licenses page 28 shall, as respects such lands, cease and be of no effect accordingly; and it shall be lawful for the Governor at any time thereafter, 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.