WASTE LAND BOARD.

Clutha Leader, Volume I, Issue 20, 26 November 1874, Page 3

WASTE LAND BOARD.

Tho weekly meeting 1 of the Board was held on the 18th inst. :— - Present — The Chief Commissioner, Messrs. Butferworth, Clark, Reid, and Strode. Mr. Dalrympie, for Mr. John Bruce, applied for a fourteen years' lease of section 28, block 111, Otakia, for grazing* purposes. Referred to the Ranger for report* Mr. Charles Henderson applied to purchase section 51, block 111, Tu&peka. East. — Approved. Mr. Connell submitted plans of Mr. J. P. Kitching's application for a sawmill lease in Glenkenich, and asked that the lease be extended to Dec. 31, 1877. Ranger Hughan reported that there were already four mills in the district, sufficient for the wants. — Granted, on approval of survey; lease to end in 1876. Mr. Connell, for Messrs. J. and W. S. M'Farlane, submitted plans of their application for a sawmill lease, allotment 13> Glenkenich; the lease to terminate on December 31, 1877. Plan of mill site was also submitted. — The plans were approved, but the extension of the lease a year was refused. Runholder's consent to mill site to be obtained. Mr. Connell, for Messrs. Herbert, ffowat, and Co., asked the Board to dispense with survey of their application for a bush lease, block XIV, Glenkenich, as the ground is rectangular, and survey is therefore unnecessary^ — Refused; the survey must be executed. In Mr. J. F. Herbert's application to have the lease of Run 2012 a amended, Mr. Connell said he would stake his reputation as a surveyor, and one who knew a good' deal about this part of the country, that there were errors in the original survey of the run. Consequently what had been an old grievance between Mr. Herbert and Mr. Roberts was desired to be settled. — The question had been referred to the Provincial Solicitor, whose opinion was now read to the Board, to the effect that the latter had power to interfere in the matter, but that such would probably lead to litigation, unless the Board acted as arbitrators, both parties submitting the question to them. — Mr. Connell was of opinion that the Board had no discretion whatever in the matter, but must act in and hear the casp. Applicant had the right to come before ihe Board, and if the Board refused to deal wi'.h it he could go nowhere else* They might tell him to go to the Supreme Court, but that Court would only again refer him to the Board. [Part of decision of Judge Chapman, ex parte Bell, quoted, to that effect] He would ask the Board to carefully consider for itself whether it had or had not the powers necessary to deal with the question, and thought that if in doubt, it should not be submitted to the Provincial Solicitor. The Waste Lands Act knew nothing of a Provincial Solicitor, but provided that cases should be submitted to a Judge of tbe Supreme Court. At a former meeting Mr. Keid had remarked that the Board might as well be called upon to adjudicate in such a case at the Taieri or any other plain ; but Mr. Connell did not see the relevancy, as the land there was private property. — The Chief Commissioner thought the Board could not interfere in this private squabble. The parties had obtained their rights under the laws of the realm. — Mr. Reid said it was rather hard that Mr. Connell should complain of the Provincial Solicitor, since that gentleman's opinion was against him, when he was a consenting party to the question being referred there. — Mr. Strode said even if the Board interfered, it would not advance the matter one jot, as the losing person would immediately go to the Supreme Court. — It was resolved that the Board consider it inadvisable, under all the circumstances, and keeping in view the opinion of the Provincial Solicitor, to interfere in the matter, leaving the parties to their remedy at law. Mr. Harris, for Messrs. Begg, Shedden, and Sinclair, applied for a sawmill lease of 160 acres near Mr. Pollock's lease at Glenoamaru. — Postponed. Mr. James Reid asked permission to fence in the reserve, section 30, block IV, Wyndham, he leaving gateways. — To be iicensed under clause 161, at Ll per acre. — ' Star.'