42

plaint of a Commissioner of Crown Lands, or of some other person duly authorized in that behalf by such Commissioner.

96. If any person so convicted as aforesaid shall for the space of one calendar month continue in possession or occupation of such land, or otherwise persist in the unlawful act for which he shall have been so convicted, every such person shall upon conviction of any such further offence, upon such information or complaint as aforesaid, forfeit and pay any sum not less than five pounds, nor more than fifty pounds, to be recovered in a summary way.

97. Nothing herein contained shall be construed to prevent any licensed occupier of Crown land, or his agent or servant, from cutting for his own use such timber on the land so occupied by him as is ordinarily used, and as may be necessary for domestic purposes for firebote, fencing, stock-yards, or other conveniences, of the employment of the said land, unless such timber be reserved by the Government for public purposes, and the licensed occupier shall have been warned of such reservation.

98. No possession or occupation of any Crown land, had or taken by virtue of any license as aforesaid, or by depasturing under the provisions of this ordinance or otherwise, shall be construed to give any title whatever against the Crown, or to alter or affect in any respect the rights of her Majesty, her heirs, and successors, in respect of any such land.

99. If any cattle shall be found unlawfully trespassing upon any Crown lands, whether the same shall be fenced or not, it shall be lawful for any such Commissioner, or for any person authorized by him in that behalf, either generally or in the particular case, to impound the cattle so trespassing, in any public pound, to be dealt with according to law: Provided that no Commissioner, nor any person acting under his authority, shall be authorized or required to impound cattle trespassing upon lands forming any part of any defined run, unless such cattle shall be found trespassing in defiance of an adjudication made by the Commissioner with respect to such land.

100. In any action, suit, or proceeding against any person, for or in respect of any alleged unlawful occupation, trespass, or use of or upon any Crown lands, the proof that the occupation or use in question was authorized by the provisions of this Act, or of any regulations in force within the province, shall lie on the defendant. And the averment, that any lands in question are Crown lands, shall be sufficient without proof of such fact, unless the defendant prove the contrary. And all maps, plans, licenses, certificates, and office copies, certified as true under the hand of the Provincial Surveyor or of the proper officer of the Commissioner of Crown lands, shall, in all matters relating to the said respective offices, be sufficient evidence of their contents without production of original records, and without the personal attendance of such officers, or proof of their signatures.

101. It shall be lawful for the Superintendent to pay, or cause to be paid, out of the Provincial Treasury, the costs or charges of any suit, action, or other proceeding, which shall be brought by or against any Commissioner, Justice of the Peace, Constable, or other person acting under the authority and in the execution of this Act.

102. Every act which the Superintendent is hereby authorized or required to perform he shall perform solely in accordance with the advice and consent of his Executive Council for the time being.

103. This Act shall be entitled and may be cited as "the Waste Lands Act, 1857."

Provincial Secretary\'s Office,
Nelson, March 27, 1857.

TENDERS will be received at this office on or before SATURDAY, the 4th day of April, from persons desirous of contracting to execute the following WORK:—

To repair a bridge opposite Mr. Saxton\'s, Waimea-east.

Specifications may be seen and forms of tender obtained on application at this office.

ALFRED GREENFIELD,
Provincial Secretary, pro tem.

PRINTED BY C. AND J. ELLIOTT, AT THE "EXAMINER" OFFICE, NELSON.