AKAROA.

Lyttelton Times, Volume III, Issue 108, 29 January 1853, Page 5

AKAROA.

We take from the Wellington Spectator the following correspondence relative to land forming part of the town site of Akaroa, and selected by the Rev. W. Aylmer, in pursuance of a land order from the Canterbury Association.

Wellington, November VSth, 1852. His Excellency Sir George Grey, X.C.8., Go-vernor-in-Chief, &c, &c, &c.

I am compelled to entreat your Excellency's consideration to the difficult and distressing circumstances of the following case: I purchased in England a land order for 50 acres oi land from the Canterbury Association, and came with a numerous family, as well as farm servants to New Zealand in September, 1851. In pursuance of my land order, I selected my 50 acres immediately adjoining the town of Akaroa, and behind a section which had been bought by Mr. Robinson, as rural land, in a place which had been squatted on for many years by parties who did not profess to have any legal title, and to which no person in Akaroa knew that any claim existed. The land was conveyed to me by the Association, their Agent personally, as well as by a clause in the deed, disclaiming all guarantee for the title of the land; however, as after every possible enquiry, (and having remunerated the squatters) hearing of no claim to it, I accepted the conveyance in satisfaction of my land order, and set to work upon the land. In the year which has elapsed, I have spent nearly £1,000 upon it, as can be testified to your Excellency (if necessary) by any person resident at Akaroa ; indeed your Excellency has personally seen a great portion of my works in progress. My house, a large and expensive one, is more than half finished, and the materials of every kind for its full completion are prepared and on the spot. The greater part of the money has been spent in clearing bush land, and other permanent improvements. About six weeks ago, however, I was informed (though not officially) for the first time, that a portion of the land occupied by me (from 12 to 14 acres), and upon which portion almost the whole of my money has been expended, is comprised in a block given in exchange by Mr. Belligny to'the New Zealand Company, and reserved by the Canterbury Act to her Majesty. Upon enquiry, I find there is good reason for believing that this is the case, and I am therefore altogether at the mercy of the Crown. If the Crown insists on its strict rights, I shall be in a measure ruined in consequence of the Association's refusal to guarantee the title, and forcing the purchaser to select at his own risk. I have no remedy against them and must be the only sufferer- On the other hand I cannot think the Crown has any interest in reserving the land for any other purpose, than to dispose of it to bona fide settlers, and no one, I amTsure, could have gone to work with more zeal and industry than myself as a settler. Still less, can I suppose that the Crown will take advantage of the expenditure which I have made in ignorance, or of my defenceless position to ruin me. I have made a Vineyard and Garden, I have imported seeds, plants, and trees, and put them in the ground. All my arrangements have been made in the belief, and with the full intention of ending my days on the laud in question, and if I am driven from it, I do not know where I shall go to or what I shall do. I anxiously and respectfully, therefore, submit my case to your Excellency, fully convinced that you will, under the peculiar circumstances, make such an arrangement with respect to the land, as may enable me to "enjoy"the fruits of my labour and expenditure. I am naturally so anxious about this matter, and as delay and expense are so ruinous to my interests, that I have come to Wellington, in the hope of receiving your Excellency's answer with as little delay as possible. ... laui,&c, (Signed) "" William Aylmer. j

Colonial Secretary's Office, Wellington, November 20, 1852. Sir, —The Governor-in-Chief having laid before the Executive Council your communication of the 18th inst., upon the subject of your title to certain land situated at Akaroa and purchased by you of the Canterbury Association's Ag-ent, a part of which you state you have lately ascertained to be Crown property ; I am instructed by his Excellency to inform you that the Council are of opinion that, under the circumstances of your case, the value of the land, which belongs to the Crown, should be assessed as Town Land (but without any reference to the improvements thereon) by persons appointed by Government, and that upon the Agent of the Association paying to the Crown the assessed value of the land in question, a Crown grant should thereupon be issued to you, or to him as may he desired.

I am further to acquaint you that in arriving at this decision, the council have been influenced by the consideration that the land alluded to forms a portion of a block, which, from its position, was purchased by the New Zealand Company from M. de Belligny, for the special purpose of forming a town site, and that therefore they could not legally or equitably recommend that such valuable public property should be transferred to the agent of the Canterbury Association, or to persons purchasing from him, without some compensation being secured for the loss the public would sustain from such land having been sold as rural land. I have, &c, (Signed) Alfred Domett, Colonial Secretary. The Rev, William Aylmer, &c, &c, &c.

Colonial Secretary's Office, Wellington, 20th November, 1852. Sir, —The Rev. W. Aylmer having applied to Government respecting a portion of land at Akaroa comprising about 14 acres, which it appears has been sold to him by the Canterbury Association, and which there is reason to think is the property of the Crown, the Governor-in-Chief with the advice of the Executive Council directs me to make the following proposition to you, with the view of arranging this matter in such _ a manner as to secure the public and private interests concerned from detriment.

It seems that Mr. Aylmer has already expended about a thousand, pounds in improving the land in question. But from information lately received by Government, the Land appears to be a portion of a block purchased by the New Zealand Company for the special purpose of forming an addition to the Town site of Akaroa. Government could not then, either legally or equitably, give up such valuable public property to the Canterbury Association without securing some compensation from the latter, for the loss the public interests incur from the sale of Town land by it as rural land. The' only course open then to the Government is, to .cause the value of the land to be assessed by persons appointed by itself without reference to the improvements thereon, and upon payment by yourself on behalf of the Association of the price so ascertained, to issue a Crown grant for the same either to Mr. Aylmer or to yourself as may be desired. I have the honor to request you will be good enough to state at your earliest convenience whether this mode of arrangement meets your approval. I have &c, (Signed) Alfred Domett, Colonial Secretary. The Agent of the Canterbury Association, &c, &c, <See. Lyttelton, December IGth, 1552. Sir, —-I have received your letter of the 20th November, making on behalf of the Government certain proposals to me with respect to land stated to have been improperly conveyed by the Canterbury Association to Mr. Aylmer. Iv reply I regret to inform you that it is impossible for the Association to accept and act upon the proposals to which I have referred. I have &c, (Signed) John Robert Godley, Agent Cant. Ass. The Honorable Colonial Secretary. Colonial Secretary's Office, Wellington, 22nd November, 1552. Sir, —It having been represented to the Governor-in-Chief by persons who have pur-

chased land at Akaroa from the Canterbury Association, and by other purchasers of Town property there, that great injury is likely to result to them from the uncertainty presumed to exist with respect to their title to the lands sold them iv that district, 1 have the honour, by direction of his Excellency, to request that you will be good enough to state for his informaiion, whether it is correct that you have sold land at Akaroa which was not placed at the disposal of the Association to purchasers from that body, and if so, to what extent such sales have been made, and to what individuals. I am further to request you will inform the Government what proceedings you propose to adopt to relieve the persons who may have suffered from such unauthorised sales, in order that Government, when made acquainted with these and the foregoing particulars, may be enabled to. decide as to the course it should pursue with regard to them. The case of Mr. Aylmer has been made the subject of a separate communication. I have, &c, (Signed) Alfred Domett, Colonial Secretary The Agent of the Canterbury Association, &c, &c, &c. Lyttelton, December 17, 1852. Sir, —I have to acknowledge the receipt of your letter of the 22nd of November, in which you request me to inform his Excellency whether I have sold land at Akaroa, which was not placed at the disposal of the Canterbury Association, and what proceedings I propose to adopt with reference to such sales. In reply I beg to state that I must decline answering the above questions, but that a list shall be sent to his Excellency, if he require it, of all the sections sold by the Association in the neighbourhood of Akaroa, with plans showing their situations with respect to the town. His Excellency will then be able to judge for himself, whether I have sold land which was not placed at the disposal of the Association. I am, &c, (Signed) John Robert Godley, Agent Cant. Ass. The Honourable Colonial Secretary.