Original Correspondence.

New Zealand Spectator and Cook's Strait Guardian, Volume XII, Issue 1228, 9 May 1857, Page 3

Original Correspondence.

To the Editor of the New Zealand Spectator. Wellington, May 8, 1857. Sir.—As much discussion has taken place on a decision given in openCouit, on Monday last, by Mr Fox, Commissioner of Waste Lands, and as several versions are afloat, may I trouble you to publish the enclosed, which is an official document, and which I trust will sufficiently enlighten the public as to the merits of the case. I remain, Sir, Your obedient Servant, FREDK. J. BURTON. In the matter of James Taine, a licensed occupier of a pastoral run in the East Coast District. Before the Chief Land Commissioner, in open Court, at Wellington, 4th May, 1857. A licence was issued to Mr. Taineby the late Land Commissioner, Mr. Bell, dated Ist April, 1856. Mr. Burton was next applicant for the same run, and now alleges that Mr. Taine has not fulfilled the condition imposed by the 7th section of the 11 th Regulation by placing on the run the stock required, and that he has further transgressed the 13th regulation by transferring bis interest in the run to Mr. Hume, without having stocked it as aforesaid. The regulations referred to are as follows:—“7th, Within 12 months after the issue of a licence, the holder thereof shall be required to place on the run at least one breeding ewe for every 20 acres, or else one cow or more for every 120 acres, and he shall be required to keep at least that number of breeding stock upon the run during the whole period of his occupancy.” “ 13th. The beneficial interest in any occupation licence may at any time be transferred by the holder. In order to render such transfer valid it shall be necessary, Ist., that the conditions upon which the original license was granted shall have been complied with as to payment of rent and otherwise; 2nd., that notification shall be given to the Commissioner within one month of the transfer having been effected.” I have examined Mr. Taine and Mr. Hume (his alleged transferee) and from their statements have arrived at the following facts :— Mr. Taine did not during the year following the issue of his licence, nor at any other time, place on the run any sheep whatever belonging to himself. Mr. Hume placed upon it, within the requisite period, the number of ewes required. Mr. Taine had no interest in these sheep, except that he had previously advanced Mr. Hume £lOO, for which it was understood between them he was to have a security over the sheep. But no written security was taken by him. The terms on which Mr. Hume occupied the run were that he was to pay to the Government the annual rent accruing in respect of the run, to pay a certain quantity of lambs and wool to Mr. Taine as rent to him for the use of the run and to give up the run to Mr. Taine when required, there being a sort of understanding that he would not be disturbed for seven years. The object of the Regulations—requiring the holder of a license to stock the run within 12 months, and prohibiting a transfer till that condition is complied with, is to prevent trafficking in runs as a marketab’e commodity and mere matter of speculation by parties who, having got a license issued to them without the intention of stocking the run granted, may exact from others higher terms than those demanded by the Government, deriving a profit from the transaction. The arrangement between Mr. Taineand Mr. Hume appears to me precisely of the character which those regulations were intended to prevent. I cannot allow that Mr. Taine has stocked the run in question as the Regulation requires, and in conformity with the 7th section of Regulations XI. I declare his license to be forfeited. Under these circumstances it is unnecessary to decide whether there was an actual transfer of Mr. Taine’s interest in the run to Mr. Hume. But if there were, it was clearly void for want of the notification to the Commissioner required by Regulation XIII. (Signed) William Fox, Chief Land Commissioner. True Copy— David Lewis, Chief Clerk.