TARANAKI LAND BOARD.

Hawera & Normanby Star, Volume IX, Issue 1757, 18 October 1887, Page 2

TARANAKI LAND BOARD.

The Board met oh Monday. PresentMessrs. Kelly, Sytne, and Livingston. In the absence of tbe Commissioner of Crown Lands, Mr. Kelly was voted to the chair; DEFERRED PAYMENTS. The following applicatiens for lands on the deferred payment system were acceded to : — Win. Smaller, section 91, block 2, Ngnire suburban, £5 9s 2d ; B. Johns, section 9, block 7, Hawera, JftlO. LEASE. Mary A. Thomas applied to lease section 7, block 10, Kaupokonui, £4. 3 a lid. TRANSFERS. The following applications lor transfers were received : — Raymond Jones, to transfer lease of section 26, block 2, Huiroa, t$ Arthur Sydney Roberts. ;i _g_ Mr. Livingston moved, That the applications be acceded to, subject to the usual notice. ' , Mr. Syme seconded the motion. Carried. EXTENSION OF TIMS. A. M. Campbell, Manaia, asked for extension of time to comply with the final conditions of improvement on seotion 54»* 1 block 10, Ngaire. Extension, granted to 81st May, 1888. The same concession was extended to . James Smith, George Clout, John Shirv rock, David Sinclair, Walter Holdway, Florence O'Donovan, F. A. J. Houeyfield, and J. Campbell. ■ •- OVERDUE INSTALMENTS. Tbe board granted extension of time (to November 30tb, 1887) to pay' instalment! in the following cases :^ James EdwardReed, section 57, block 2, Ngaire ; Edwin R. Morgan, Eeotion 7, block 2, Opunake 3 Olga M. E. Byork, seotion 75, block 12, Cape ; John Hill,, iectiohs "76 and 77»> block 12, Cape Btirvey district; W. Hr Denne, section 38, block 1, Oeo. ' _ L - HUBLEY'B CASE. > „ '" . t "&*, The following letter -from Mr. C. WL Govett, solicitor was read behalf the United Importers' { Company. X, give you notice that the company reserve, themselves the right (within 30 days/ifo' appeal from, the decision of .the rbofcroV yesterday [3rd of October] sanctioning a transfer from Patrick and Daniel -Hurley to Hurley Bros. .(You will, therefore, please proceed no further to carry. same into effect daring that period u-uerß,<ypu receive a further notice from me. In .the meantime am communicating with IJr. Travers. " ' ' i . WAIMATE ROAD BOABD. - fl '**-"' The Waimate Road Board: agreed w amend its plan of proposed expenuitureiot. deferred payments thirds in .accordance with the suggestions of the .Crown Land*: Ranger. ' - : ' '> Cf UNIVERSITY RESERVE. Ju The Crown Lands -Department wrote:: — "In reply, to your memo of the ,7.111 October, I am directed by the Minister' ofLandi to sta'o that the consideration pt the resolution of the Land Taranaki of the 4th April, * 1887, l re University Reserve at Patea, must fot« postponed for the present. •'-. .. { ->;u *:,'& PASTORAL LAND. The. Crown Lands Department, stated : "In reply -to your memo, of 'the 7su 'October', T am directed by the' Hon.'' tirf Minister of Lands to.Btate that it is not considered J desirable to reduce the price 'of land in the Tarauaki district at the present time." ■ s . „• - t" DEFERRED PAYMENT THIRDS. V% Mr. Isaac Bayly, chairman >of the Hawera County Council, waited on the board with reference l to the paymerit^of deferred payment thirds to the County; County Council. It appears that before the Counties Act of 1886 came, into force, the roads in the now Hawera Cgunty, were, as a , matter of fact, under, thY control of the Road Boards, wbiohj^odiee received and expended the deferred^payr ment thirds. When the new GbuntieV Act was introduced, the County .Conned found that tbe control of the county roads •was vested in it instead of in thevarioai Road Boards. The council, in'duejedartie, applied to the Land Board for the deferred payment thirds, .bat the board expresßedjL doubt as to council's right to tbe moneys, and declined to pay over any. The council took the legal advice of Sir F. Whitaker. Sir Frederick held that the council had taken up the right position ;r; r that the Reads and Bridges Construction Act hid placed the roads of the county under the council's control, and that tbe council, and not the road boards, was entitled to' the deferred payment ' thirds.' Despite this opinion, tbe board «titt doubted the avowed right of the Hawera" councili^^ttd asked that papers bearing on the case fee placed before tbe board, and then. nibV mitted for the consideration ot the Govern. ment. Mr. Bayly brought tbe bapers wita him on Monday, and be and the members of the board bad a quiet chat on the matter* Mr. Bayly contended that tbe Coanty Council had a right to determine where, in the interests of tbe deferred payment selectors, tbe deferred payment thirds should be spent ; and that the Land Board, while it had a legal right to approve Of the plans submitted by the County Couucijp as it was not responsible for the mainten*. ance of roads, bad no power to dictate: to the council where, the money paid.fby particular selectors should be expende^. He did not desire to raise any difficulties, bat simply to ascertain the true position] of each body ; as they were defined by tnV Land Act aod tbe Counties Act. If the 1 Land Board was to determine .when the deferred payment money shouldiW spent, they should also bear the responsi-, bility. -,v:, v : \ : ., ,• It was detetmined to ask the law officers of the Crown to interpret the Acts, and to state what the legal position and the' respective powers of the two bodies are; In the event of tbe law officers declining to do so, an appeal will be made to the.' Supreme Court. In sucb cases, a Judge) in Chambers is empowered to give his. ruling on any dispute as to tbe relative powers of each, which may arise between local bodies. — Condensed from Taranaki News. " ' ; .