97

AN ORDINANCE to regulate the occupation of certain unenclosed Lands in the Town of New Plymouth.

Whereas certain unenclosed Lands in the Town of New Plymouth belonging to non-resident Owners and others lie waste and uncultivated, and have been commonly used as Cattle runs by the Inhabitants of the said Town; and it is expedient to authorise and regulate the occupation of the said Lands for Pastoral purposes, without prejudice to the right of the Owners thereof to enclose the same.

Be it therefore enacted by the Superintendent of the Province of New Plymouth with the Advice and Consent of the Provincial Council thereof, as follows :—

1. It shall be lawful for the Superintendent from time to time at his discretion to cause the sole and exclusive right of depasturing Neat Cattle and Sheep, during the day time, on all or any unenclosed lands lying waste and uncultivated within the present limits of the Town of New Plymouth, and the adjacent Tract known as the Town Belt, or within the limits of any portion or portions of the said Town and Town Belt, exclusive of Crown Lands and Native Reserves within the aforesaid limits, for any term not exceeding one year, to be sold by Public Auction to the highest bidder, by any person (whether such person be or be not a licensed Auctioneer,) whom he may appoint for that purpose.

2. The time place and particulars of every such sale shall be notified in the Government Gazette of the Province not less than thirty days prior to the day of the sale, and by such notice the Superintendent may prescribe any conditions of Sale not repugnant to this Ordinance. And it shall be lawful for from time to time to put up to sale the Pasturage of a district before the expiration of, but without prejudice to, any current license issued under this Ordinance and affecting such district, so that the day of sale be not more than 3 months calendar months prior to the expiration of such Current License.

3. The money arising by such sales shall be payable to and recoverable by the Treasurer of the Province, for the Public uses of the Province.

4. Every Purchaser at such sales shall, as a condition of the sale, forthwith pay into the hands of the Auctioneer a deposit of not less than Ten per centum of his purchase money, and shall pay the Balance thereof to the Treasurer of the Province within seven days, or by instalments payable at such time or times, during the period for which the License shall be granted, as shall by the conditions of sale be in that behalf prescribed.

5. The purchaser failing duly and punctually to pay his purchase money, it shall be lawful for the Superintendent, if he thinks fit, by notice in writing to be given to the Purchaser, or left at his usual place of abode or business, or to be published in the Government Gazette of the Province, to annul the sale and revoke the License (if any) issued to such Purchaser ; and in such case the said deposit with all instalments (if any) paid previously to service or publication of such notice, shall be forfeited.

6. Upon payment of the said deposit the Superintendent shall issue under his hand to the Purchaser a License to the effect, and as nearly as may be in the form, set forth in the Schedule to this Ordinance, which shall entitle the person or persons to whom the same shall be granted, and his or their assigns, to the sole and exclusive use of the lands therein comprised for the purpose of depasturing thereon cattle of the kinds in such License in that behalf specified, during the term, and in the manner, specified in such License.

7. The districts comprised in any License issued under this Ordinance shall not be subdivided by the Licensee or his assigns.

8. No License issued under this Ordinance shall authorise the depasturing of any Bull above the age of six months.

9. No License issued under this Ordinance shall take away the right of the Owner of any waste and uncultivated lands, or of his Lessees or Tenants to enclose the same; nor the right, notwithstanding such his lands remain unenclosed, to depasture cattle thereupon concurrently with the Licensee; so always that the cattle of such Owner, or of his Lessees or Tenants, be securely tethered. And upon enclosure of any such lands with a sufficient fence, the same shall thenceforth be excepted from any License which may have affected the same.

10. Licensees under this Ordinance shall not, nor shall any person claiming through