HAWKE'S BAY HERALD SATURDAY, FEBRUARY 15, 1862.

Hawke's Bay Herald, Volume 5, Issue 256, 15 February 1862, Page 2

HAWKE'S BAY HERALD SATURDAY, FEBRUARY 15, 1862.

We have recently devoted several articles to the subject of the Land Regulations in force in this Province — pointing out some of the defects in the working of these regulations, and suggesting what appeared to us to be the only practical remedy ; not that we ever entertained much hope that our advice would be followed, but we felt it our duty to call attention to the subject, and lay before our readers the present position of the Province and its future prospects, so far as the land fund is concerned; thereby lending our aid to place the responsibility of the hasty and ruinous alienation of the Public Estate on the shoulders of those whose duty it is to conduct the affairs of the Province ; and who, if they could not amend the existing laws relating to the waste lands, might at least, by the course we proposed, have to some extent modified the evils pointed out. Had we ever entertained a hope of reforms being set on foot by our Provincial Government, that hope would have been annihilated by the announcement that the gentleman who has the sole administration of the waste lands was also called to the councils of the Superintendent — a combination of duties which is considered incompatible in Otago, but which seems to be perfectly orthodox in Hawke's Bay. Our readers will not have forgotten that, some twelve months ago, a Land Board was formed by the late Superintendent (acting upon a suggestion of [ the Provincial Council), for the express ! purpose of placing a check upon the management of the waste lands, and securing, as far as possible, an impartial administration. We need scarcely i recall the incidents that followed — the violent opposition that was raised to the Board, and the very prompt manner in which it was extinguished on a change of Government. There was perhaps, some truth in the argument that the Board was appointed late, that it was " shutting the stable door after the steed was stolen ; " though on the other hand, it was, with equal justice, urged that there were still some nags in the stable worth looking after. It has since been decided by the present ministry, (though a contrary opinion is on record during the tenure of office of their predecessors) that, irrespective of the question of the validity or otherwise of the appointments to the Board (a question which has never yet been decided authoritatively,) the constitution of the Board itself was invalid, there being no sufficient authority in the Land Regulations to sanction such a change in the administration of the Crown Lands. We are not, however, about to argue the merits or demerits of the defunct

Land Board, but simply to remind pur, - readers of the outcry that was raised to | prevent that Board from coming into operation. If our memory is not greatly at fault, the most active opponent of the Board was the then member for Waipukurau — now sitting as member for Porangahau, and the same gentleman who has given a notice of motion for the next sitting, which is certainly as pretty a specimen of attempted class legislation as ever we remember to have met with. Mr. Ormond is a leading member of that class who are the most extensive land buyers in the Province. We have always held that the working of the existing code of Land Regulations is favourable to the interests of that body, and if there has been any complaint of the administration, it has been on the part of the small buyers, or would-be buyers. Whether the grievances complained of by these (and it will not be denied that there were many such complaints) were well founded or otherwise, no relief was granted ; the Land Board was, as we have said, promptly extinguished, and the Land Regulations and administrators were pronounced to be immaculate. But now, behold! it is discovered that there is one flaw in this immaculate code — -just one place where the shoe pinches Dives more than it does Lazarus; and forthwith the Provincial Council is called upon to make special recommendations for tha purpose of giving prompt relief to this particular corn on the toe of Dives; or, in other words, to relieve the applicants for very large tracts of land from the risk of having to pay for it more than five shillings an acre. We do not say there may not be a real grievance in some few cases, arising out of the particular clause of the Regulations of which Mr. Ormond complains ; but we cannot admit the justice of turning a deaf ear to all former complaints, and yet giving prompt relief in this particular case. We re-publish the notice to which we have alluded : — That, under clause 8 of the New Zealand Land Regulations, dated March 4, 1553, it is provided that 10 per cent, on the upset price shall be paid as deposit by any applicant for land to be put up to public auction. Under " clause_ 23 it is further provided that " Immediate payment in cash of one tenth of the purchase money shall . be the condition of any such sale by auction, and the remaining nine-tenths of the purchase money must be paid by the purchaser within one calendar month next after the time of such sale by auction." That from experience of the working of these clauses of the Regulations, the Council is of opinion that facilities are offered to the unscrupulous to extort money from, and otherwise obstruct the bond fide purchaser, whilst at the same time it is manifest that under the one clause a very slight risk of capital has to be incurred, and, under the other, no capital at all is required by the persons who take advantage of these flaws in the regulations. That the public interests will not suffer by securing the bond fide purchaser from extortion. That this Council is aware that under clause 2 of the "Waste Lands Act, 1858," the Governor in Council is empowered to augment the price at which the waste lands of the Crown shall be sold in any Province, either by auction or otherwise, on the recommendation of the Superintendent and Provincial Council. The Council,, therefore, recommends the following alteration in clause 8, before referred to, viz. : — That iipon the application of any intending purchaser who desires to put up land to auction, fifty per cent, of the upset price thereof shall be deposited with the Commissioner or other officer appointed to receive the same, in the place of ten per cent., as at present required by the regulations : Provided also that the deposit of fifty per cent shall be made subject to the same conditions asthe ten per cent deposit now is, that is to say — If some other person than the original applicant become the purchaser of such lands, then the deposit made by such original applicant will be returned to him ; but if no other purchaser comes forward, and the original applicant does not complete the purchase himself, the deposit of fifty per cent, will be forfeited. And with respect to clause 23 — That portion of the clause which secures one month's credit to the nominal purchaser should be altered, and casti payments in full required to be made to the Commissioner or other officer on the fall of the hammer, and that, failing the same-, the lot shall then and there be re-submitted to publiccompetition. : The Council is further of opinion that whilst these proposed alterations would secure the bondjide purcharser from unfair and fictitious competition, no unreasonable difficulty is thrown in his. way, or in that of any real competitor. At the same tune, the public interests will not be affected, and the law withdraw its apparent . countenance from a most injurious and beneful, not to say morally criminal practice. — So far, we have argued the questionon its merits. Practically, Mr. Ormond's motion will have to share the fate of the deceased Land Board, for, like the latter, it is founded on a misapprehension of the state of the law. The " Waste Lands Act, 1858 " provides that on the recommendation of the Superintendent and Provincial Council " the Governor in Council is empowered to augment the price at which the waste lands of the Crown shall be sold in any Province, either by auction or otherwise." But the motion Mr. Ormond has placed on the paper is not for an augmentation of the upset price — by no means, that is to remain as before— but merely to increase the ; deposit payable by the applicant, and'.r

to -repeal part of clause 23 which relates '•'•to I '-credit; in other words, to modify ; /the regulations under which the lands are sold, leaving the upset price}untbuched. We will venture to assert that no such power as this is vested in the Governor by the Act of 1858 or any other Act ; and that any application to His Excellency on the subject will be met by an intimation that the proposed alteration can only be made by the General Assembly.