WASTE LANDS BOARD.

Otago Daily Times, Issue 3861, 2 July 1874, Page 3

WASTE LANDS BOARD.

The regular weekly meeting of the Waste Xands Board was held yesterday. Present: The Chief Commissioner, Mr J. T. Thomson (in the chair), aud Messrs Butterworth, "Bastings, Clark, and Strode. MINUTES. The minutes of the previous meeting were read and conrirmed.; TOI TOIS HUNDRED. Mr G. F. Richardson, for the Wai dens of Toi.Tois Hundred, brought under notictjtbe .non-payment of moneys payable, he said, by the Board for license fees received, and assessments collected, on that Hundred. Mr Richardson explained that the Board lad had the management of the Hundred for some year 3, aud the present Wardens wanted information as to the financial affairs of the Hundred during that time, being totally ignorant of them. There was a sum of sibout £1000 due by the Government to the Hundred, aud which the Government had ■received in fees and assessments. It was resolved that the Chief Commissioner should investigate the matter. APPLICATION FOR AN APOLOGY. ~ Mr-G. F. -Richardson, of Oaklands, Toi Tois Hundred, brought under notice, of the Board the wrong done him by the action of "the Board in issuing a distress warrant for aon-paj'ment of assessment. Mr Richardson said he saw in the news|>ap3rs a resolution of the Board intimating that a distress warrant would be issued .against Mm. He had had bo intimation of the matter. It was unfair to decide in this way, and to take such steps without giving any notice, or giving an opportunity of being heard. In answerto a question, Mr Richardson said he did not know whether the warrant had actually, been dssiieS. It Avonld have been issued, in all • t probability, had ,he not paid the assessment immediately on reading the newspapers, and he was told that an order had come to the . . district to issue a distress warrant against him.

The Chairman said Mr Richardson must complain of an act done. . p*^ Mr Richardson said he complained of the j*% manner in which, proceedings had been taken ■i \ against him. He was made to appear in the I t public prints as a defaulter^ whereas he had **\ "^mS^SSS. Jieed' asked for tho money. In one » . /3Par* °f paper, his name was stated as - — one of a number of defaulters who had not paid assessment, and in another part of the * same paper it was stated that the defaulter tO'Farrell had escaped to; >ew Zealand.— {Laughter.) He objected to being placed m •the defaulter category. ■■-•.•' : The Chairman expl .ined that Mr Richard - i^ son's name M-as mentioned in the discussion |||s& -as to issuing distress warrants because it S**s^ held a prominent position. It was at the of the list. . . . .-. ~ .> ">\Mr Richardson : I was never asked for the .money,. ;■••■•'■ ■••• ' : Mr Strode said the working of the 122 nd clause of the Act of 1872 was very plain. who should neglect or refuse to pay within thirty days after notice was liable to have a warrant issued by the Commissioner -of Crown Laiids against him, and the amount due levied by distress and sale. . Mr Richardson "tvsd he had not neglected vto pay within thirtj^days, and had not, in "fact, received notice. ..' Mr Strode said the Ranger had distinctly - reported the serving of the notices. Mr Richardson considered the Board owed him- an apology for the way in which he had -been brought before the public, through their talking about issuing a distress warrant against him. Further, he thought the Board -should resolve that no case be'heard in future "without parties concerned having an opportunity of coming before the Board. Mr Butterworth remarked to Mr Richardson that Mr Strode had told him (Mr Richardson) the law on the matter. Mr: Richardson replied that he had not received thirty days' notice, or any notice at all. He, for one, was desirous of having the •money collected, and did not wish to evade ..payment of the assessment. :: Mr Strode : The question is whether theBoard is to give an apology to Mr Richard»on: Isay most emphatically, no. Mr Richardson said that when cases were leard, notice should be given to all parties Mr Clark : We heard the Ranger report, ..and the least we can do is to back the Ranger -Tip.:- ..., .-..:-■ . ■ ;-." . . ..-■ .•■_- The following minute was recorded: , "Mr Richardson having requested an apo- ' logy.from the Board, the Board decline to do .SO." ':'-, Mr Connell, of Messrs Connell and Moodie, remarked that he had heard with.some.interest the discussion that had taken place. His .own constituents had suffered a good deal by the practice of the Board dealing with-cases in their absence. He had gone f .to the length a fortnight ago of drafting a resolution which he proposed to .submit -to the Board for its acceptance, that no cases be held without notice to the parties concerned. Parties come to the Board with applications; the Board thereupon upset former decisions, and come to new decisions to the prejudice of parties whose interests and 'I r;gbt3 were affected. He really ;thought the ''"Board should come to a general rule of procedure. .;;.■':'" . ;.-'; ■'.':• The Chairman . thought -agents should observe such rules themselves. Mr Conneli ..and other agent 3 were, always endeavouring , to have their, business rushed through. The Mr Connell had laid : down was a good one. : . .' . i ■^ Mr 6LA.RK would like' to know the, cases -in-whieh- parties bald had their interest injuriously affected in their absence. Mr Strode, too,-would like to know. s<> Mr Connell said he could make a list of -such cases, but it wasthe principle to which . 3£e owanted to draw attention. ■ : /• ■: Mr Strode said no just man, no fair "man, •would deny the fairnes3 of that general- \ principle. ' ' =••-■■..•■•■ ■ : The.Chairman remarked that the-Board - was" now sitting for the dispatch of business, . and that if Mr Connell would let him see, : after the meeting, the rules he bad referred to, he would be happy to give consideration rto the matter. ' ■ ■ ■ •: : CASES FOR SUPREME.COURT. Messrs Haggittßro3. and Brent: forwarded .. cases for the Supreme- Court in the appeals of Oakden and Browne and Robert Camp-. J^ bell, whose.: applications to purchase the *'* f^jßc- Oamaru Hospital Reserves, had been re- ' 'M^ 1122^ - - ' ';-' '' ' ' W* T lie CH.URMAK mentioned that the Chief ' * Surveyor' had informed him that he (the *] Surveyor) considered the Hospital '^^BB^Reserve was unsufveyed land,,in so far as' s ".regarded the purpose of application' to purv chase"- : • ■ ■ '• ' ;■ The Chief CoMMTSStONER suggested : certain additions, which were approved of, to Vthercases. : • . ■ • . -." The cases were referred to the Provincial ■ 'Solicitor. V SHOTOVER.—APPLICATION TO PURCHASE. _Mr George Miller appliedto purchase sec.stion 3, -block XV11.,-and; section 1, block jXyi->;' Sbotover district, his agricultural lease, of which he had,_on the 7th May last, ■ .obtained sanction to exchange under Clause .-62. - ...:.- ■ ■ • •■ ■■-:-- ■ ■■■■■■ It was stated that applicant. could purchase at any time after getting the: lease. Mr Bastings said that the clause defeated, . .most completely a vital principle of the Act, .namely, the residence of the applicant. Applicat;ou approved, any expenses in •curred in. the preparation of the lease, which had. not yet been completed, to be paid by • applicant. ■WAITAHUNA EAST. —APPLICATION TO PURCHASE LAND. Messrs Connell and Moodie, for Mr James Thomson, applied t* purchase 655 acres, of blocks IV and VI., Waitahuna East. Mr ConnclLbelieved the reason the application came before the Board was because the laud was in a goldfield. The Chairman said the reason was that the District Land Officer had not yet given any recommendation on the matter. Mr Connell submitted that the District Land Officer would he out of order unless specially asked to give a recommendation. •Section 38, which directed in regard to the making of applications, had no word of any report or recommendation being made by the District Land Officer. Mr Clark said Mr Connell was correct; at the same time the District Land Officer had more opportunity of being accurate in Iris knowledge than the Board. Mr Connell submitted the Board would be turning over its duties to the officers if they got advice from them on every matter, instead of in spfcial cases. The Chairman said the land was situate within the Goldfields, and the Board would be quite wrong in deciding the application without the advice of the District Land Officers. Officers were asked specially to report, as otherwise they would often forget things

which the Board wanted to know, and had to remind them to state.

Mr Counell remarked that if the land would not sell, applicant could come in under the clause for'the exchange of leases. By doing so tbe revenue would suffer to the extent of 5s 3d per acre, compared to what it would get if he were allowed to buy the freehold at once.

The application was referred to the District Land Officer to ascertain if he knew of any objectiou to the sale of the laud, it being situate within a goldfield. APPLICATIONS TO PURCHASE LANDS UNDER AGRICULTURAL LEASE. The following applications to purchase land held by the several applicants under agricultural leases, were granted. Mr James Bridge, section 49, block XX, Shotover. Mr George Atkins, sections 43 and 44, block 11., Shotover. : Mr Wheeler appeared for these two applicants. Mr A. S. Oliver, sections 55, 56, and 57, block 1,, Leaning Rock district. 1 Mr K. Malleus fcein, sections 45, 40, 47, | block IV, Shotover. Mr Jas. Douglas, section 14, block XXI, Shotover. ADJOURNED. Mr Robert Clements applied to exchange his lease of sections, in Shotover district, under Clause 62. Application, adjourned. WAITAHUNA WEST.:—APPLICATION TO PURCHASE. Mr Jas. Smith applied to purchase 17 acres of block 1., Waitahuna West, to complete his property. Application approved. ILLEGAL ' OCCUPATION. Complaint was made of the illegal occupation of down Lands on block 111, Tuapeka East, The complaint was made by a person who wanted to dispossess the present occupier in order to get the laud for himself, and the District Laud Officer ■was averse to taking any.action"in the matter, as it might come before him as Magistrate. ■ The Board therefore resolved to get the Ranger to report. WAITAHUNA EAST. — APPLICATION TO PURCHASE. Mr Robert Dodds applied to purchase 400 acres of block VI., Waitahuna Jhlast, unsurveyed land. The Chairman said the Board had no advice on the subject. Mr Clark thought that in reference to the sale of land in this Gbldfield the Board was not acting very wisely. It seemed there was good land in that quarter, and it was only now becoming generally known that the Board was. selling land within Goldfields ; it was generally understood that laud was only leastd. This land was generally good agricultural land, and: if the f'oard were not compelled to sell the land there on application, it would be better to have it submitted to competition by auction, there, being quite a rush .for good land in that quarter. The land now applied for had been applied for by dummies before in present applicaat's interest, their a2)plications had been refused, and an applicant now applied to purchase. Mr Bastings remarked that if the land were such as represented by Mr Clark, it should be sold by auction. Members remarked that Mr Dodds was a good settler. " Mr Clark : But it would not be fair to other settlers there to sell to him without competition. Mr Bastings remarked that if people did not know the land was for sale it was their own fault. JS"o one was supposed to be ignorant of the law. Tbe application was referred to the District; Laud Officer to know if he had any objection to the sale' of the land, it being within a goldfield." LAWRENCE.—DELAYS IN SURVEY. Messrs Connell and Moodie brought under the notice of the.Board the delay in the execution of the survey of Mr Creswick's application for a bush license in Tuapeka district, and requested the Board to issue a temporary license pending completion of survey and preparation of lease. Mr Bastings mentioned he had been credibly informed that the surveys in the Tuapeka district would lake three years to complete afc present rate of progress. The Chairman: : I pointed out 17 or 18 years ago that it was utterly impossible for any Government, to settle people by a spotting survey. The delays are so enormous." Mr Bastings : Here are people applying for land; We want to facilitate settlement, and here are people kept waiting for three years. It isaserious matter. I think ib could be overcome by employing more hands, and that, the matter should receive the attention of the Government. . : . . Mr Connell mentioned that the applicant now before the Board had been granted, six months ago a lease of a piece of bush. The bush was inaccessible, and it was required he should make a tramway to it, and supply firewood at stipulated rate 3. Now, the' Surveyor said he had not the faintest notion when the survey could be done. : , , Ifc was resolved to give a temporary license, pending survey of land and preparation of lease. It was further resolved, "That the Government be recommended to endeavour to put on more surveyors in-the Tuapeka district, owing to the number of claims lying . over beingivery gr< at.. : At present rate of progress, completipn.of work now in hand wouH be three years behind time." ■ WAIHOLA.—APPLICATION TO PURCHASE. Mr Doughty; for Mr Wm. Black, requested decision of the Board on an application to purchase sections 19 and 20, block 111, Waihola district. The Board deliberated in,private when this matter came up. . ! On the public—that is to say, Mr Doughty (client) and the reporters—being admitted, ' The.Cnairman asked Mr Doughty if it were not tbe case that the application he had made at the B-iard's meetingof the previous week was merely to have the reserve taken off the two sections, and not an application to purchase them. Mr Doughty replied that the previous application was merely tj have the reserve taken off.. It then appeared that at the time the previous meeting was held these sections were not reserved, or at least wwe in the sane category as the sections applied for by Messrs Cutten,. Campbell,' and Oakden and Bro syne, to compel the sale of which land proce. dings were now threatened. Since the previous meeting the Superintendent had, with the l-consent of-the. Board,-reserved them under the 35th section, thereby precluding their sale, and [ The Board now refused the application to purchase. -••••■ Mr Doughty pointed out that the sections were wanted for the purpose of ■■planting trees, but- the Board would ,not alter its decision. ' ' •.■■•- Mr Black expressed his indignation at the " fluke." by which he lost the sections. The decision minuted was " Refused, having been reserved, with the consent of the Superintendent, from sale, by clause 35 of the Act of 1872." RESERVING SECTIONS. The •Superintendent forwarded a memo., requesting that sections 19 arid 20, block 111., Waihola, be temporarily reserved. Those sections were the two applied for on behalf of Mr Black. The Board confirmed a note containing the Chief Commissioner's concurrence and approval, in pursuance of the Board minute of the previous week. PROPOSED WEST COAST FISHERY. The following draft conditions cf lease, prepared by Mr Reid, were read :— That tlio Board agree, subject to the approval of the Superintendent, to grant a lease of say 2000 acres (site to be hereafter agreed upon) on the following terms, viz. :— Survey to be made aud lease prepared at the expense of the applicants, survey to be approved by the Board. Lease to be for 21 years, and to contain, inter alia, the following conditions :— First two years to be rent free ; rent for remaining term of 19 years to be at rate of Is per acre. Lessee to be empowered to cultivate the land aud to cut timber thereon. To be bound to employ, and to continue to employ, during the term of the lease, an average number of at least 20 adults. On expiry of lease, right of renewal to be sold at public auction. In event of lessee not becoming the purchaser, the incoming tenant to pay valuation for all improvements of a permanent and useful character then on the ground, such valuation to be made by valuators appointed by the Board, but in no case shall the B.'ard or the Government be liable for valuation or compensation for or on account of any improvements.

Should there be no bidders for tke right of

the renewal of the lease, then a renewal to be granted on terms which may be mutually agu ed to by the Board aud the lessee ; failing agreement, twrns to be fixed by arbitrators to be mutually chosen.

Iv the course of a short discussion which took place, the opinion was expressed that £100 a year was rather low as compared with the privileges to be given. Mr Strode, however, considered that some encouragement should be shown to pioneers.

The consideration of the lease was adjourned for a wctik.