ALLEGED DUMMYISM.

North Otago Times, Volume XXVIII, Issue 3967, 29 May 1885, Page 4

ALLEGED DUMMYISM.

At the meeting of the Land Board, on Wednesday, another alleged dummy case was discussed.

Mr M'Kenzie said : I wish to move-— "That this Board hold an inquiry, in accordance with the piovisions of tne Land Botrd Inquiry 1883, a' to whether the requirements of the Land Acts in their true intent and spirit, are beine evaded in the case of the Benmore RunT f an endowment to the Otago University,' and Biibject in all reipecte to the piovisions of the Land Act of 1877 and amendments, and the lease of which was purchased ot auction in 1883 by Mr A. O. Bepp, of Dunedin, as attorney for Mr W. Docharty, of London." lt In moving thiß resolution I do not intend to take up the time of the Board I will simply con6n« myself to the statementi made to me as to the alleged evasion of the Land Act, my reason for moving the resolution, and the purpose the holding of such an inquiry would serve. Tho alleged evasion of the provisions and requirements of the Land Act was represented to me thus: That previous to the purchase of the lease of Benmore Run by Mr Begp, as attorney for Mr Docharty, it was held under lease by R. Campbell and Co., for which firm Mr Bepg was agent ; that owing to the passing of the 67th clauic of the Land Act, 1877, Amendment Act, 1882, known as the "M'Kenzie clause," R. Campbell and Co., were debarred from purchasing the sime as being owners of 20,000 Bheep or more; that the lands comprised in that portion of the Benmore Run, purchased by Mr Bepg ai attorney for Mr Docharty, have and are at present being worked as a station of R Campbell and Co's, for whom Mr Begg still acts as agent ; and that the- sheep running on the run are branded by the same brand as that, used and registered by R Campbell and Co. Consequently the inference or deduction thßt is drawn from the circumstances in the district is that Mr Begg wai acting as attorney for Mr Docharty, who wai or is R Campbell and Co's " dummy," thereby enabling that firm to bold more land than the law permits for pastoral purposes. Now, sir, the holding of an inquiry into the matter would, I think, sprve two good purposes. You |will recollect — and other memhers of the Board will recollect — ihat sjme of the newspapers in Dunedin deplored the pacing of Clause 07 of the Limi >ct of 1882, and some time afterwards openly hoasied in their columns thiit the ingenuity of some members of the leual profession in Duuedia was equal to the occinion — tlint a legal move had been discovered by which the intentions of the Legislature could be circumvented and the law in the matter evaded In the event of there being any truth in the alligations regarding the Benmore Run and a disclosure of the mode by which the la* is evaded, ihe Legislature, who will shortly be amending the land laws, would be made aware of the facts aud know how to act accordingly.

The Chief Commis ioner : It seems to me at the first glance at this matte that we are in a peculiar position. The Otago U. iversity Reserves Vesting Act, under which the University Council deals with this land it rath r peculiarly worded with regard to the position of the land in question. I am not prepared to say exactly what mat position is, but it seems to me ODen to doubt how far the Land Board can JUfc rlere in the matter.

Mr M'Kenzie : I have looked up the Act and find that tf'e run still remains ivaste lauds of the Crown, and subject to the proviiion§ of the Land Act.

The Chiif Commissioner : JbJere is how Action 4 of the Otago University Reserves Vesting Act reads: " The Land Board of the Otaiiu Land District shall not ''are, exercise, or perform any powers, duties or lunctions over or in respect of the said land described in the said schedule ; but the governing body of the said University shall have, exercise, and perform the same over the said land in all respects as though the said governing body had been in the said Act and schedules designated and named instead of the said Land Board."

Mr M'Kenzie : It is true that section 4 ol the Otngo University Reserves Vesting Act seti forth uhat you state, but at ction o of the same Act atta forth that the land in question shall be dealt with as waete lands of the Crown, and be subject in all respects to the provisions of the Land Act, 1877, and the amendments thereof. The Legislature has not conBtituted the governing body of the Otago University a board of inquiry. Then, m, in my opinion, by sub- section 4 of clause 3 of tl c Land Boards Inquiry Act, 1883, we h&ve power to inquire into any breach of conditions of a lease of pastoral lands under the Land Act, 1877, and amendments thereof; and to make good your contention )ou must show that the Uenmorc Run is not subject to the pro viMoi's of the Land Act, 1877, and amendments thereof.

The Ghiel Commissioner: I would not like to nive an opinion on this mater. It eetms to me rather a doubtful question, and I think you had better let it stand over for a week so that it may be inquired into 'Ihe license of thia run has been issued by the University Council, and under the Land Act o( 1877 I should think it quite clear Umt the council would be the body to hold any inquiry. You renumber our first mquirv was held under the Act (>« 1877.

Mr JVi'Knzie: The Land Boan' Inquiry Act lias taken the matter our n

tin- linuls ni the University Council. Mr Grco i : 1 think the matter ; iS o f ao niwcli iinpurtance that consickra* 1(l ' n 0 { ,t eliould Muml ovci for a week, y o \\ m you can coriMult our solicitor as to on powers

i'iie Chief Commissioner •-. Very well Mr M'Kcnzie : I have no objection 'to the resolution standing ,-,ver until the next nie. tin-. 1 «l o not w ibh to rush the JJoiml into anMhini;, (J .n.ideiation oi the mattor was accordingly postponed for a |*eek. Dunedin otar.