JUNE 17.] THE NEW ZEALAND GAZETTE. 1191

Rules and Regulations for the Management of the Switzers Commonage.

JAMES PRENDERGAST,
Administrator of the Government.

WHEREAS by section four of “The Land Act, 1892” (hereinafter termed “the said Act”), the Governor is empowered to make, alter, or revoke rules, regulations, and orders for, among other things, the care, management, and protection in every manner of all commonages: And whereas it is expedient to revoke the warrant of the ninth day of September, one thousand eight hundred and ninety-five, making rules and regulations for the management of the Switzers Commonage, and to make regulations for the care and management of the commonage, hereinafter described: Now, therefore, I, James Prendergast, the Administrator of the Government of the Colony of New Zealand, in pursuance and exercise of the power and authority conferred by the said Act, do hereby make the following rules, regulations, and orders for the care and management of the Switzers Commonage, described in the First Schedule to such regulations, and doth hereby declare that such regulations shall come into force on the day of the gazetting hereof.

REGULATIONS.

1. For the purpose of carrying out these regulations the following persons are appointed a Committee for the care, management, and protection of the said commonage,—

James Handyside, of Waikaiа, storekeeper;
Hugh Sproat, of Waikaiа, blacksmith;
James Watson, of Waikaiа, flourmiller;
James Hardman, of Waikaiа, miner;
John Thornton, of Waikaiа, miner;
Henry G. Clarke, of Waikaiа, miner;
Patrick de Laurie, of Waikaiа, miner;

who shall be known as the “Switzers Commonage Committee” (hereinafter referred to as “the Committee”). Three of such Committee shall retire by ballot in December in each year, but they shall be eligible for reappointment as hereinafter provided.

2. On the first Wednesday in January in each year an election shall take place from among the holders of licenses to depasture cattle or stock upon the said commonage (hereinafter termed “licensed holders”) for the purpose of electing three members of the Committee instead of the three retiring members; and the names of such persons, when so elected, shall be submitted to the Governor for approval, and if so approved they shall take the place of the three retiring members.

3. The Committee shall meet for the transaction of business on the first Wednesday in each month, at 7 o’clock p.m., at Waikaiа, or at such other time or place as may from time to time be fixed by the Committee. The first meeting shall be held on Wednesday, the seventh day of July, 1897.

4. Special meetings may be convened by the Chairman or by any two members of the Committee, provided that two days’ notice of such meeting be given to each member, specifying the business to be transacted at such special meeting, and no other business than that so specified shall be transacted at such meeting.

5. Any three of the said Committee shall form a quorum. Any meeting may be adjourned from time to time.

6. The members of the Committee shall, at their first meeting, and thereafter at an annual meeting to be held on the first Wednesday in January in every succeeding year thereafter, elect one of themselves to be Chairman, who may join in the discussion, and shall have an original as well as a casting vote. The Chairman shall hold office until the election of his successor. At such meeting a Secretary shall also be appointed by the Committee.

7. If at any meeting the Chairman is not present at the time appointed for holding the same, the members present shall choose some one of their number to be chairman of such meeting.

8. If, by retirement, resignation, death, or incapacity, or otherwise, the office of Chairman shall be or become vacant, the members may at any monthly or special meeting appoint a Chairman.

9. All questions shall be determined by the majority of votes of the members of the Committee present at a meeting.

10. The words “great cattle” shall be construed to mean and include cattle, horses, mules, and asses, male or female, and their offspring above six months of age; and the words “small cattle” shall be construed to mean sheep, male and female, and their offspring above the age of six months.

11. License-holders may run great or small cattle upon the lands described in the First Schedule upon the conditions mentioned in the depasturing license, to be obtained as hereinafter provided.

12. Persons desirous of obtaining a depasturing license must lodge with the Receiver of Revenue at Waikaiа an application in writing in the form or to the effect contained in the Second Schedule hereto, and deposit therewith the license-fee payable hereunder. If such application be refused the fee shall be refunded to the applicant.

13. The Committee shall have power to refuse to grant any license, also to limit the number of cattle which may be depastured under any license. They shall also have power to specify the kind of cattle which may be depastured under any license.

14. The number of cattle to be depastured shall be mentioned in the license, and the rent to be paid in respect of such license shall be calculated upon the following scale, that is to say:—

For every head of great cattle mentioned s. d.
in the license .. .. .. 4 0
For every head of small cattle .. .. .. 1 0

Every such license shall be in the form or to the effect contained in the Second Schedule hereto, and shall expire on the 31st day of December in every year, when such license may be renewed in accordance with the foregoing provisions. Every license shall be granted subject to the conditions herein set forth, and shall be signed by the Chairman of the Committee.

15. The revenue derived from license-fees or otherwise from the said commonage shall stand first charged with the cost of the destruction and prevention of the spreading of rabbits upon such commonage; such cost to be ascertained in such manner as may be fixed and determined by the Chief Inspector of Stock.

16. All cattle depastured must be branded, and the brand and a description of the cattle must be registered with the Ranger. The Ranger shall issue a certificate of registration in such form as he thinks fit, and the fee for every such certificate shall be 1s. But if the brand is registered with the application no further registration shall be necessary.

17. No great cattle suffering from any disease shall be depastured upon, nor shall any pigs or goats be allowed to trespass or be at large upon or within, the lands described in the First Schedule. No bull, ram, or stallion shall be depastured without the express permission in writing of the Chairman of the Committee. Any person or persons committing a breach of this provision shall be liable, on the information of such Chairman, as for trespass of cattle on Crown lands; and the Chairman of Committee for the time being is hereby empowered to lay any such information.

18. If any licensee shall at any time commit or suffer a breach of the conditions or terms upon which the license is granted, as the same are herein set forth, the Chairman of the Committee may, on such evidence as he thinks fit, cancel and determine the license held by such licensee, and he shall have no claim to any refund or allowance in respect thereof.

19. No person shall remove beyond the boundary of the land described in the First Schedule any cattle other than those belonging to him, or for the removal of which he shall have authority from the Ranger, under a penalty not exceeding £5.

20. If any person, not being licensed as aforesaid, shall depasture any great cattle or small cattle upon the lands described in the First Schedule, or a greater number of such cattle than shall have been apportioned to him, every such person shall be liable, on the information of the Chairman of Committee, as for trespass of cattle on Crown lands, and also to any penalty or disability imposed in respect of unlawful occupation of Crown land.

21. Nothing herein contained shall be deemed to interfere with the powers or duties of the Commissioner of Crown Lands of the district in which the lands described in the First Schedule are situated, whether under “The Land Act, 1892,” or under any other law or statute for the time being in force; and the said lands described in the First Schedule hereto shall, subject to the special provisions hereinbefore made, remain and be Crown lands for the purpose of the said Act, and subject thereto.

FIRST SCHEDULE.

Switzers Commonage.

All that parcel of land in the Southland Land District, containing 3,010 acres, more or less, being parts of Blocks I. and III., Waikaiа District. Bounded towards the north by the south boundary of Section 69, Block I. aforesaid, and the south boundaries of Sections 8 and 9, Block X., Waikaiа District; towards the south-east by a line being a continuation of the south-east boundary of Section 9 aforesaid; on the south by the north boundaries of Blocks V. and II., Waikaiа District; and towards the north-west generally by the Waikaiа River and Waikaiа Township: excepting out of the land herein described lands that have already been disposed of.

SECOND SCHEDULE.

(1.) Form of Application.

Pursuant to the regulations made under “The Land Act, 1892,” I hereby apply for a license to depasture [Here insert number] head of cattle in the Switzers Commonage,