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(SPECIAL.)

OTAGO

PROVINCIAL GOVERNMENT GAZETTE.

( PUBLISHED BY AUTHORITY. )

Vol. XVIII. Dunedin : Thursday, March 5, 1874. No. 897.

PROCLAMATION

Making Regulations for the Depasturing of Stock
upon certain Waste Lands of the Crown within the
"Otago Gold Field."

By His Honor James Macandrew, Superintendent of
the Province of Otago, in Council.

WHEREAS by section fourteen of "The Gold Fields Act, 1866," it is enacted that it shall be lawful for the Governor, from time to time, to make, alter, and revoke Regulations for the Depasturing of Stock upon any lands within proclaimed Gold Fields, for which a lease or license for depasturing purposes has not been granted, or has been cancelled or suspended, and to regulate the number of horses or cattle which may be run upon such lands by the holders of miners’ right and business licenses, or of mining, mineral, and agricultural leases, and to issue depasturing licenses, and to regulate the fees that shall be paid therefor : And whereas His Excellency the Governor did, by a Proclamation issued under his hand and the seal of the Colony of New Zealand, bearing date the ninth day of July, one thousand eight hundred and seventy-three, delegate unto the Executive Government of the Province of Otago his powers under the said fourteenth section of the said "Gold Fields Act, 1866:" And whereas, by two several proclamations, bearing date respectively the tenth day of February, one thousand eight hundred and seventy-four, and the seventeenth day of February, one thousand eight hundred and seventy-four, issued under my hand and the seal of the Province of Otago, and published, respectively, the first-named proclamation, in the Otago Provincial Government Gazette, No. 893, on the eleventh day of February, one thousand eight hundred and seventy-four, and the last-named, in the Otago Provincial Government Gazette, No. 894, on the eighteenth day of February, one thousand eight hundred and seventy-four: all regulations theretofore made for the depasturing of stock upon the lands described in the Schedules to the said two several proclamations respectively (being the same lands as are respectively described in the first and second Schedules hereto) were revoked: And whereas the lands described in the said first and second Schedules hereto are lands within a proclaimed Gold Field, for which a lease or license has not been granted, or has been cancelled or suspended, and it is expedient to make regulations for the depasturing of stock upon the said lands: Now, therefore, I, James Macandrew, Superintendent of the Province of Otago, by and with the advice and consent of the Executive Council of the said Province, and by virtue and in exercise of the powers delegated to the Executive Government of the said Province in this behalf by His Excellency the Governor of New Zealand in Council, and of any and every other power in any wise enabling me in this behalf do hereby make the Regulations following for the depasturing of stock upon the said lands described in the said first and second Schedules hereto (that is to say),

REGULATIONS.

1. The Superintendent may from time to time divide the said lands described in the first and second Schedules hereto into allotments of such sizes and forms as he may think fit.

2. The Superintendent may from time to time, by a license under his hand, authorise any person to occupy any one or more of such allotments, for the purpose of depasturing stock thereon, for any period not exceeding seven years, at such annual rent, and upon such terms and conditions, as he may think fit.

3. The Superintendent may, if he shall so think fit, cause licenses for a term of seven years, of any or all such allotments, to be offered for sale by public auction, subject to the provisions of these Regulations, and to such terms and conditions as he may think fit.

4. For every license issued under these Regulations, there shall be paid a fee of Five pounds; and the licensee shall also pay annually in advance, on the first day of April in each year, to a Receiver of Gold Fields Revenue, such an annual rental per acre for the estimated acreage comprised in the allotment on which he shall be entitled to depasture stock, as may be agreed between such licensee and the Superintendent.

5. Every holder of a miner’s right, business license, and mining lease, shall be entitled to depasture three head of great cattle, free of charge; Provided that all cattle so depastured free of charge be branded with a legible brand, otherwise such cattle shall be deemed to be depastured in contravention of these regulations.

6. Every license shall be in the form in the second Schedule hereto, and shall be subject to the following conditions, which shall be implied therein, and shall have the same force and effect as if the licensee had expressly covenanted to observe the same.

a The land comprised in this license is subject to all existing rights and privileges, and all or any portion of the land which may have been granted or covenanted to be granted under any regulations for granting agricultural or mining leases or licenses, is hereby excluded, and the person to whom this license is issued shall be taken to have satisfied himself of these particulars, and of the accuracy of the description and plan, and no objection shall be competent to him on the ground that he was not informed of the nature and extent of such rights or privileges.