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Planting of Forest Trees Ordinance 1858

3. The Planting of Forest Trees Ordinance 1858

Whereas it is desirable to encourage and promote the planting of Forest Trees on Rural Sections in the Province of Canterbury:

Be it therefore enacted by the Superintendent of the Province of Canterbury with the advice and consent of the Provincial Council thereof as follows:

1. From and after the passing of this Ordinance, every Tenant for years in occupation of any section of rural land, if not less than ten acres statute measure, shall be entitled to transplant, cut down, remove, or receive the value of such trees planted thereon by him and registered as hereinafter provided.

2. Every such Tenant having planted on land in his occupation forest trees exceeding fifty in number may register the same at the Office of the Registrar of Deeds of the said Province by filing a Schedule thereof in the form hereto annexed.

3. The said Registrar shall cause every such Schedule filed in his Office under the provisions of this Ordinance to be numbered, and shall register the same in a book or books to be kept by him for the purpose.

4.There shall be paid to the Registrar, upon the filing of every such Schedule, the fee of Five Shillings and no more.

5. Any person shall be entitled to have an Office Copy or an Extract of every such Schedule filed as aforesaid upon paying Five Shillings for the same.

6. Any person shall be entitled to examine and search the Register of Schedules upon paying to the Registrar the Fee of One Shilling.

7. Every Tenant who shall register any such Schedule as aforesaid shall, within fourteen days thereof, deliver or cause to be delivered to or left at the last place of abode of his Landlord or the Agent of such Landlord a true Copy of such Schedule duly signed by him.

8. Every Tenant registering as aforesaid may, on giving twelve months' notice, in writing, to that effect to the Landlord or his Agent previous to the termination of his Lease, call upon such Landlord to elect whether he will purchase the forest trees so registered and growing; and if the Landlord, within thirty days of the service of such notice, intimate, in writing, to the Tenant, his intention of purchasing the same, but do not within fourteen days therefrom agree as to the value thereof, then such value shall be ascertained by arbitration in the usual manner.

9. In the event of both or either Landlord or Tenant refusing or neglecting to nominate an Arbitrator within fourteen days after having been called on so to do by the other, then any two Justices of the Peace may, on application of either party, nominate and appoint the Arbitrator or Arbitrators required.

10. On the value of the said forest trees being agreed on, in writing, by the Landlord and Tenant, or ascertain by arbitration as aforesaid, and on the value thereof so agreed on or ascertained being paid within six months prior to the

termination of the Lease, or security being given for such payment within such period, the said trees shall become the property.

11. On the landlord refusing or neglecting to give notice to his Tenant within the time required of his intention to purchase the forest trees registered and growing as aforesaid, or neglecting to pay or failing to give security as aforesaid, the Tenant shall become entitled to transplant, cut down, and remove the same at any rate thereafter; and previous to the expiration of his lease, the Tenant shall

be bound to clear the ground planted on of all stumps, and to leave the same in a proper and tenantable condition.

12. This Ordinance shall not extend to any existing Lease, except by the consent, in writing, of the parties to such Lease: Provided that the operation of this Ordinance may be barred by special proviso in any future Lease: Provided always, that any Tenant of land as hereinbefore described, previous to the passing of this Ordinance, may give notice, in writing, to the Landlord or his

Agent of his intention to plant trees under the provisions of this Ordinance, and if such Landlord shall not give notice, in writing, within six calendar months thereafter of his objecting thereto, he shall be deemed to have consented and be subject to the provisions of this Ordinance to all intents and purposes: Provided nevertheless, that the service of such notice shall be proved before a Justice of the Peace, on oath, and registered in the Registrar's office.

13. For the purpose of this Ordinance, the words "forest trees" shall be deemed to include all trees recognized in commerce as timber, and the term "Landlord or his Agent" shall mean the Holder of lands in fee and include the authorised Agent of such Landlord, except where the context be repugnant to such construction.

14. This Ordinance may be cited as the "Planting of Forest Trees Ordinance, Session X., No. 3, 1858."

Schedule

1.2.3.4.5.6.7.8.

1. Number of Rural Section.

2. Proprietor’s Name.

3. Tenant’s Name.

4. Date of Lease and Term.

5. Acerage Leased.

6. Date of Planting Trees.

7. Number and Description of Trees Planted.

8. Date of Filing

Notes.

This Ordinance was passed by the Canterbury Provincial Council on 28th

October 1858, and assented to by the Superintendent on 8th November.