THE NEW LAWS. LAND LEGISLATION.

Evening Post, Volume LXXIV, Issue 128, 26 November 1907, Page 3

THE NEW LAWS. LAND LEGISLATION.

PROVISIONS OF THE ACT. A SUMMARY. Ths Land Bill, which passed both ' branches of the Legislature this session, is now the law of the land. Since the measure first came before the House several weeks ago it has been amended in several respects, and although the principle has not been altered in anyessential, a review of its chief provisions" will be of interest. First and foremost,' the Act does away with the 959 years' lease, and substitutes a 66 years' lease, with right of renewal, at a rent equal to 4 per cent.' of the- capital value. Not earlier than three years, and not later than two years before the expiry of the lease, the Land Board has to have made a valuation of the permanent and unexhausted improvements on the land, of the fee simple of the land without the improvements, and a valution of the yearly rental of the new lease, "having regard to what would bs at the time- a fair market rental,"" but not to exceed 4 per cent, of the fea simple. /Not Later than eighteen nionths before the expiry of the old lease the Commissioner of Crown Lands has to give the lessee a notice, in writing requiring him to elect whether ho will accept a new lease at the new rent, and within six months the lessee must state whether he accepts the offer; that he docs not desire a new lease, and agrees to the valuation of improvements ; that ho desires a new lease, and requires the value of the land and improvements and the amount of tho rental, or any of these matters to be determined by arbitration. If the lessee omits to give such notice he will be deemed to have agreed to the renewal at the terms set out. If the questiqn goes "to arbitration one arbitrator will bo appointed by the commissioner, another by the lessee, and the third by the two other arbitrators. If the two fail to agree the third one will "bo appointed by a judge of tho Supremo Court. The decision of tho arbitrators' will be final and conclusive and binding on the board and the lessee. OTHEIi, PROVISIONS. If tho lessee does not accept a renewal he will bo entitled to full value for his improvements. The holder of the renewable leaso will not be allowed to extract or remove minerals from his iand — ''minerals" includes "all minerals, mineral oils, metals, clay_, stone, or other valuable materials existing below th& snrfa-ja of the land, "but does not include kaurigum." The value of the minerals will not be ta^en into account in detorminin,g the value of the land. The board has tho power, with the consent of the Minister, to grant to the lessee a license to iextract taineral from the land (except gold and silver), on payment of royalties, but ths Act does not prevent the lessee, from the free .lisa on the land ot any minerals for agricultural, pastoral,' household, road-making, or building purpose. Another provision is that the lessee may, by instalments of £10, pay the Receiver of the Land Revenue up to 90 per, cent of the capital value of his land, and .the rent will be reduced proportionately. When he has paid thirtvjthrco per cent, of the value he will bp freed from the terms and conditions of the lease except the payment of rent and the conditions as to residence, but hp still has no right tp the minerals, and must not commit any waste or depreciation of the land. Further, the lessee is entitled at any time during the currency of the lease to repayment of any siim ho has paid off the capital value over j33 per cent., and the rent will, in that case, be "altered, proportionately.! , „ All i moneys so paid by a lessee will be available by the Crown for tho purchase! of land for settlements ,but the Land! for Settlements Account will pay into the Public Account interest on the amount at the i*ate of 4 per cent., less one-tenth. These provisions, however, will not so operate as to affect the payment ,of "thirds" ' to local authorities. LEASES-IN-PERPETUITY. Tho Act then goes on to deal 'with leases-jin-perpetuity. Any holder of such ;l lease, either under the Land' Act, 1892, or' tho Land for Settlements Act, may 'surrender his lease" and obtain a 66 years renewable lease, at a rental of 4j per cent, on the capital value in tho caso of Land for Settlements, and 4 per 'cent, in the case of • ordinary Crown land. The capital value of the land will bs d&emed, at. the option of tho lessee, to be either the original value of the land as determined at the date of the surrendered lease or the present value of the- land ' (excluding the value of 'the improvements) at the -time at which application is made for a renewable lease. This present value will be fixed an the same way as in the. caso of a a-enewal of a renewable lease. Ths owner of a lease under the Mining District Land Occupation Act, 1894, has -also the- right to obtain a 66 years renewable lease, in lien thereof, subject to the approval of the .warden of tho district. Every_ owner of a lease-in-perpetuity is given the right to purchase the feefimple, of his \land at the present-day value, to ba fixed either by. valuation or arbitration." The purchase, however, will ba subject to the limitation of area provisions laid down later on in the Act. \ In order 1(5 facilitate the settlement of land which is pot likely to bo immediately productive the board may grant a renewable please subject to tho provision that no rent shall bo payable for any period not 'exceeding ten years. RESIDENCE CONDITIONS. '"For the benefit of persons who desire to scloct rural lands for themselves or their families, but jwhose vocations are such as to prevent", them from complying with the residence conditions," provision is made for giving absolute or partial relief from residence, and instead imposing special conditions as to the area which may be taken up, and the improvements which must be made. For the-" purposes of^ this section the Governor may make regulations, which will not coma into force until they ' have been referred to' the Lands Committee .of each chamber, and approved of by resolution of each branch of the j General Assembly. The constitution of Land Boards is also amended. In future the board will consist of the Commissioner of Crown Lands, thres member* appointed by the Governor, and one elected by the persons who, on the Ist day of January preceding the election, we're the owners of any lease or license of or in respect of Crown lands in the district. The first election will take place when the first 'vacancy occurs in the board. No member of Parliament is eligible for ii seat on a board, and if any member of a board is elected or appointed to Parliament he is obliged to resign at one?. When in future the holder of a renewable lease or a lcasc-in-perpetuity makes or proposes to make any improvements on his land a record of the work clone is to be kept by th? Land Office, and will be deemed sufficient evident c in alj matters and proceedings touching th* value of impvo\ ements nude on theland. i

No lessee nn dispose of his interest in >the land except by way of mortgage unless he has been continuously in residence for two years, and then only with the permission of the board and the Minister, unless unforeseen circumstances occur. LIMITATION OF AREA. The .Act also provides a limitation of area. Generally speaking, the area of Crown land which, together with all other land, a person may take up is limited to 5000 acres. The provision will apply to the acquisition, of land by assignment, and to subleases, but will not prevent the acquisition of a lease or license by an executor, trustee, or beneficiary under any will or intestacy, nor will it prevent the assignment of a. lease or license to any person by way of mortgage. For purposes of computation, every acre of first-class land will be reckoned as seven and , a half acres, and every acre of second-class land as two and a half acres. All _tbwn and suburban and Tillage lands (not being "within any village settlement) may be let at a rent not less than 5 per cent, on the value of the land as determined by the board with the consent of the Minister. The lease may be cither up to thirty-three years, or * a renewable lease for thirty-three years. In the latter case,, if the lease is not renewed, any buildings on the land will revert to the Crown. Provision for classification and cash price of rural lands is made as follows :—: — First-class, at a capital value of not less than £1 an acre; second-class, not less than 105 ; third-class, not less than 2s 6d. If any purchaser of cash lands under part 3 of the Land Act, 1892, fails to fulfil the conditions as to improvements within the time specified, the board may forfeit his interest in the land.. This will only apply to persons who, have already become purchasers of, such lands, and no such forfeiture will take place if the conditions are fulfilled within the next seven years. * , POWERS OF EXECUTORS. Important provisions are made regarding the powers of executors or/administrators on the death of a licensee. They may assign the lease to any qualified person, and the consent of the board will not be necessary if the assignment is made to a beneficiary under the .will or claiming under an intestacy. They may also hold the lease in trust for the persons beneficially entitled , thereto under the will or intestacy, and- the .'conditions as to residence may be fulfilled by the persons beneficially entitled or-.by any of them, or, by any suitable- person or- persons appointed by them. Power is given , to the holder of a pastoral lease to cultivate a portion of his run. , - The board is empowered, to lease by auction for growing, cutting, or removing flax, any area not exceeding 2000 acres, for a term.not exceeding fourteen years. Reserves-may be set apart for prisons, police stations, and post and 'telegraph offices, and the board may also sell .Crown ilands as* a site for a dairy factory, cheese factory, fruit-pres'srving factory, or creamery, or for a church, manse, or parsonage, ''or for any other purpose which , in the opinion of the Board and the Minister Tenders such a sale expedient in ttie public interest." The area so sold must not exceed five acres in each case, .and the price must jiot be- less than £5 an acre. ~~ Another important provision of the Act is that dealing with preference at > the ballot. Landless applicants are to have 'first chance, and an applicant is deemed to be landless if ho does not hold under any tenure an area which, in the opinion of the board, is not sufficient for the maintenance of himself and family. When opening land for settlement, the board may, with the approval of th& Minister, set apart an area for people who are — (a) married men with children ; (b) widowers with children ; (c) widows with children ; (A) married women with children and judicially separated from, their husbands. All such applicants will rank equally with each other. Land may also be set apart for selection by landless applicants who have within the previous two j-ears competed unsuccessfully at any land ballot. P6wcr is given to tho board to enquire as .to an applicant's suitability or his right of preference, and reject bim if it thinks fit. Any successful applicant' who" disposes of his allotment is ipso. facto disqualified for .five years from taking part in any ballot. ' . . in the option of the board, the land held by a Crown tenant is insufficient for the support, of his family, he may be permitted to take up other land without having to go to the ballot. For the encouragement of the woodpulp industry, the Governor is empowered to set apart land • not suitable for other purposes of an area not ' exceeding fifty thousand acres. LAND FOR SETTLEMENTS. In future, no land acquired the Land for Settlements Act shall be disposed of under' the J.i.p. tenure, but leased for 33 years with the right of renewal for a similar term 'at 'a., rental of 4£ per cent, on the .capital., value. Lessees in perpetuity of la,nd for settlements lands are given th& same option of change of tenure as tenants of. ordinary Crown lands, as already set . out. In opening land for , settlements old employes of the original owner may be granted a lease without coinpetitiop at the, ordinary rental. After 31st March, 1908, the value of land compulsorily taken will be the amount at which it is assessed in the district valuation roll, plus 10 per cent, up to £50,000, and 5 per cent, on the amount above that value. It is open, however, to the owner of land at anytime to increase the amount at which his land is valued on the roll, and on that increased valuation his land tax will be assessed and payment be madeif the land is afterwards acquired by the Crown. In any case, 2 per cent, will be added as compensation for the compulsory taking of the land. Land for settlements land may be sold in areas up to five" acres for dairy factories, etc., 111 the same way as ordinary Crown lands. It may also be sold to a local authority for any public work. In future, no one will be allowed to j acquire the fee simple of Crown lands if he already holds under any tenure land of an area exceeding 5000 acres (computed as described above). The District Land Registrar will not register a transfer unless a statutory declaration is made that tho provision is not being evaded thereby, and if any person evades tiic provision he may be ordered by the Supreme Court to divest himself of the interest so acquired. This part of tho Act, however, will not apply to the acquisition of any interest by way of mortgage or other security ; to the acquisition of any interest by a trustee, executor, or administrator as -such; or to any interest acquired in ( trnst for- any religions, educational, charitable, or public purpose.

At Grand Ronchin, Nord (France), a wedding took place under circumstances which are quite out of the common. On that day Mmo. Duplouys celebrated the 104 th amiiveisary of her birth; her eldest son, M. Duplouys, and his wife, nee Mullier, their golden wedding; her granddaughter, nee Duplouys, and hey husbiml, M. Gossavt, their "silver wedding j and herjgreat granddaughter, Mile. Gossarl, was married to M. Mulliei..