✨ Continuation of Land Regulations
40
him, every such person shall be liable to the
same penalties and proceedings as are herein-
after provided for the unlawful occupation of
Crown Lands.
- If any cattle shall be found unlawfully
trespassing upon any lands or public roads
within the limits of a Hundred, whether such
lands shall be the property of the Crown, or
shall belong to any private person, and
whether such lands shall be fenced or not it
shall be lawful for any of the Wardens of such
Hundred, or for any person authorised by
them, to impound the cattle so trespassing in
auy public pound, to be delt with according
to law.
XI.
Unlawful occupation of Crown Lands.
-
If any person shall occupy any Waste
Lands of the Crown, either by residing or by
erecting any hut or building thereon, or by
elearing, enclosing, or cultivating any part
thereof, or shall fell, remove, or sell the timber
growing or being on any such land, or other-
wise unlawfully occupy the same without
having a lease or license for such purpose
respectively, every such person shall, on con-
viction for any of the offences hereinbefore
mentioned, forfeit and pay any sum not
exceeding fifty pounds to be recovered in a
summary way; Provided that no person shall
be convicted of any of the offences aforesaid,
except on the information or complaint of the
Waste Land Board, or of some person by it
duly authorised in that behalf. -
If any person so convicted as aforesaid
shall, for the space of one calender 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 informa-
tion 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. -
Nothing herein contained shall be con-
strued to prevent any licensed occupier of
Crown Lands, or his agent or servant, from
cutting for his own use such timber on the
lands so occupied by him as is ordinarily
used, and as may be necessary for domestic
purposes for firebote, fencing, stock yards,
or other conveniences, for the enjoyment of
the said lands, unless such timber be reserved
by the Superintendent for public purposes,
and the licensed occupier shall have
warned of such reservation. -
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 these regulations or other
wise, 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 lands. -
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 the Waste Land Board or for any
person by it authorised 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 the Waste Land Board shall not, nor
shall any person acting under its authority be
authorised or required to impound cattle tres-
passing upon Lands forming any part of any
defined Run, unless such cattle shall be found
trespassing in defiance of an adjudication made
by the said Board with respect to such land. -
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 autho-
rised by the provisions of these Regulations,
or of any Order or Regulation made in the
pursuance thereof, 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 Government Surveyor
or of the proper officer of his Department, or
of any member of the Waste Land Board
shall, in all matters relating to the said res-
pective offices, be sufficient evidence of their
contents without production of original record,
and without the personal attendance of such
officers, or proof of their signatures. -
Every licensed occupier of a run shall
have a pre-emptive right to acquire by pur-
chase at the rate of 10s. per acre subject to
the conditions of purchase hereinbefore con-
tained, 80 acres of land at one of the Stations
and 10 acres of land at each of the other Sta-
tions erected upon the said Run; and such
land shall not be sold to any other applicant
until the offer of purchase shall have been
made to such licensed Runholder, who shall
be required to exercise his right of purchase
within one month after the date of the offer so
made to him, and in the event of the non-
payment of the purchase-money within the
period aforesaid the Runholder shall be
deemed to have declined to purchase, and the
said land may be sold to any applicant, And
it shall be lawful for the Waste Land Board
to require such Runholder to exercise any
such pre-emptive right at any time after one
month's notice although no person shall have
applied to purchase the said land. -
Whenever any portion of land com-
prised in any Pasture or Timber license shall
be purchased by any other than the holder
of such license, it shall be lawful for the
Waste Land Board to delay giving possession
of the said land for any time not exceeding
3 months, in order to afford such license-
holder a reasonable time for the removal of
his property.
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✨ LLM interpretation of page content
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Continuation of Land Regulations regarding Waste Land Board procedures and Pasturage/Stock Assessment rules.
(continued from previous page)
🗺️ Lands, Settlement & Survey12 February 1856
Waste Land Board, regulations, occupation, trespass, cattle, impounding, pre-emptive right, license, Crown Lands
NZ Gazette 1856, No 5