WASTE LANDS BOARD.

Otago Daily Times, Issue 3933, 24 September 1874, Page 2

WASTE LANDS BOARD.

The regular weekly meeting of the Waste Lands Board ivas held yesterday. Present: The Chief Commissioner (iv the chair), Messrs Butterworth, Clark, D. Reid, and Strode. JIIXCTES. The minutes of the previous meeting were read and confirmed. RIGHT OF PRK-KMITtON. The ease of Sir F. D. Bell's right of pre-emption over the block •on Shag Valley, which is now within the Otago Goldfields, was considered. Sir Francis said he wishea to ssy something which he thought would clear away a good dtal of the difficulty in the way of the Board coming to a decision in this matter. It was about eighteen or nineteen months ago when the question whether the pre-emptive riijit should be taken by purchase or by agricultural lease. The Board, he understood, were in favour of the land being opened for sale at that time. What he wished to say was this—that if the Board were of opinion that there should be no preemptive right on the land in question he would do away with it altogether. He directed the attention ef the Hoard to his letter dated lfltu May on the subject. There was no question whether the "Board could or could not receive Mr Lufcs's application for a sec tion in that block. What he wished Mr Luks to see was the dam he (Sir Francis) had erected on his land. The question for the Board to determine was whether the land was open for sale. The Board undertook some months a-,'o to state a case for the Supreme Court on two issues—lst. Whether there was a pre-emptive right granted ; and, 2nd. Whether the land was open for sale. He thought the first question was of no great importance; but the second question—whether the laud was or was not open for sale—.■■hould be referred to His Honour the Judge for an opinion, so that persons could be guided in this matter. Since Jfay, 1573, he hart not been able to get an answer to his communication. If the Board would agree to open the land for sale by auction he was wil ing to waive every claim for a pre-emptive right to that "land. Ihe whole question lay in :i nutshell. What, he protested against was that the I'oard should receive anj application for the same land without giving any ::n«\vcr to his communication, thereby in the meantime interdicting him rom putting in a, claim, if Mm Board agreed to open

emptive ri^r 16 he WOUW waive the luestioaof pr~ Mr Conneli appeared on behalf of Mr Luks and would point out that Sir Francis Bell scarcely put fet matter in its true light. Sir Francis stated that tte Board refused to receive his application, and accepted Mr Lubs s He(Mr Connell pointed ont that Sir Frauds only put his letter in the shape of a question : butJte Luks believing that the land was open for sale-and the Attorney-General had declared that it was open for •sale—put in an ai)plication, and paid the- necessary money. The two cases stood in two different light* Mr Luks was quite willing not .to interfere with the .section on which Sir Francis's dam was situated. He f onil{11) believed that Sir Francis and Urr Lute were very anxious to learn the opinion of the Jalgeor* fotXTtT- n H° sub»litted that the Board could net Supreme Court " a CMehad beencit*<l fcrthe

Mr Howorth said that Mr Murray's position wagsimilar to that of Sir Francis Bell. The Board had l% doubt been influenced by the decision of the AttorneyGeneral since the previous meeting. Mr Murravwaa willing to agree co a case being cited for the Supreme Court if they did not decide the matter at once.

Sir trancis Dillon Bell thought the whole question: should he in abeyance until the decision of the Judge had been received. The Board should ascertain whether tire land could be sold. What he contended was that his application had been refused. It appeared to him that the Board had completely misunderstood the question. The land was open for sale after beingtaken from a goldtield, and then the Board replaced the land m the goldfield. The question was simply a. legal point, whether the license not having been <£aAlter ■referring to the opinion of the Attorney-General, he said they would all be placed on the same footing if the Board declared the land open for sale. He wS quite content that the Board should grant Mr LnSte application, but he woul i at once appeal "»***■ The agents and reporters were requested to withdraw, and after a long deliberation ■ The Board resolved-" That the'receipt of applications having been held in abeyance pending the obtaining of the Attorney-General's opinion on certain points submitted to him, and the applications bein ff for land situated within goldfields, those already made will be refused, and the laud opened for sale on October 27th, 1874, excepting it be auriferous." ■'- Sir Francis Bell: lam quite satisfied. That is nerfectly right. *

SURVEY FKES AXD PURCHASE MOSEY. A memorandum was received from the Receiver of Laud Revenue, asking whether the Board intended that he should receive the survey fees and purchase money for application sG7i>, on which the words "Ecceipt approved " had been written. Mr Connell stated that ihe Receiver of Land Reve'nn* had refused to accept the purchase money and survey fees, and requested the, Board to indicate what steps the applicant (Mr Miller) should take in order that tha casii might be finally settled.' The Commissioner. : X did not feel myself competent to deal with this case without the decision of the

Mr Reid : The Receiver has carried out the intention. °£ ~ Board- If tlle money had been received we should have been in a fix at once. ' I highly approve of the action of the Receiver of Land Revenue. Mr Connell said the matter was one of very great public importance. The proposed cours* would affects the whole landed interest in the Province He was prepared to show that the alteration was entirely contrary to the Land Act. Take the Act of 1806, and they would find clause-^^- " -..-__•*

Mr Reid : It is not in existence now. Mr Connell was aware of that, but he wished to refer to it. Section 46 in the Act of 18GG corresponded with clause 42 in the new Act. The latter ran as follows:—"Notwithstanding that the Board may have received an application for unsurveyed. liud, it shalß be lawful for the Board, if it shall by the Board be deemed prejudicial to the public interest, to grant toe application either as to the whole or to any part of the land applied for, to refuse to grant the. appUcan. tton either as to the whole or as to part of the lancL and to return the moneys deposited on account of purchase money or such part thereof as has been deposited on account of the portion of land applied for, and theapplication for which shall not be granted ' The whole spiritof the old Act was reversed by the newAct. One of the principal provisions of the Land Act brought m by Mr Reid was that successful applicants for unsurveyed land should have immediate possession. Clause 43 provided that applicants shall pay the purchase money to.the Receiver of Land Revenue within ten days after having been dedared purchasers and if the applications be for land not previously surveyed, the purchase-money must be paid within fontteen days; also if thein.neybe not paid withirTlhe specified time, the application shall be deemed witrxdrawn. An applicant- might apply to-day and get his license to-morrow. ..That was the spirit of the present Act. With' the exception of v the provision, if it be prejudicial to the public interest, he contended that the Board had no power to refuse land to any purchaser. The Chief Commissioner appeared to think there was some difference with regard to goldfields, but he (Mr Connell) argued that they must be dealt with as other land. 3he Board had decided that the sections applied for by MrMiller should be sold. He fully agreed with Mr Reid that the Receiver had carried out the decision of the Board. He would ask them to weigh carefully wSa.6 he had said. If they insisted that a survey must precede' payment of purchase money, the applicants would scarcely know what they were doiu ff . It woulA upset the-principle of-the- Act-and-aU- the-rnonetary arrangements in the country. Mr Butteuwortii : Mr Connell has asked that tne matter .shall be considered as a general principle Mr Gillies would like that point to be decided" He had acase similar to Mr-Miller's, and if the Board considered the matter as a general principle he wished to I make a few. remarks.

The Commissioner : I am willing, to abide by the decision, and be guided by the instructions of the Board. I feel very great, difficulty with those twa clauses 41 and 42. They, 'are not concurrent. =It is very difficult to make them agree. It is immaterial to me which way the questioa is decided, but I wish t» be guided by the Board. _ Mr Giliies thought it would expedite the matter HL his client's case was heard at the same time. " '-'■ Mr Connell objected,-but •. ' ■• - '.- The Commissioner said this was his case, and permission was accorded Mr Gillies to sjjeakou the subject Mr Gillies thought.the Board should have the whole subject before them if they wished to lay down a general principle. After stating his case, he remarked that he did not go the length of what had been said that the proposed course wou'd effect every title in. the country. It would only affect applications-ftw land on the goldfields, upon which: special safeguards were placed. -.■■■'■ '. -V.:;' "

The Commissioner: The-question seems to be now whether the land should-be-granted at once by the

. Mr Cohnell said the Warden's report was very satis^ factory in Mr Millers case. ." The only objection was made by the Commissioner—that the applicant was one of Mr Miller's sons ' ' V "- ••

Mr C&aiik: Mr Connell is under a mistake lEe Warden did hot report satisfactorily* The Commissioner: We must decide what action-we shall take for our guidance.^ If the Government will undertake to. get a Surveyor's report as well as the Wardens, I could see no difficulty. Weinight'thea grant applications for. laud in Goldfields at once. If not, we must grant applications subjectto the surveys. Mr Clark: I do not see that we should alter the decision of the Board in the case. ■•■--■•-

The Comhissioxer: In all Goldfields'applicationsi the Surveyor's reports should- be required, as the Wardens are not fully acquainted with the localitiesThere are pieces of land worti thousands of pounds ia small localities oa the goldfields.!'. Mr Reid : The Surveyors-would- be interfered witfc m their work, if they were required to report on the applications. . • "> : ';.■"•■ - -.■-..;-.•».-

: The CoMMissioxKß.: Then we must get them to survey the land. It does not appear to me that the Warden is competent to sruide the Board. Mr Strode: Then lie could get a memo. from, the Surveyor.. :::.■..;"■ j.l -- ; ,^ _-.-.., ;• : . . ~j. ..-;:■ It was resolved—"That the course always followed hitherto as regards applications for land, on goldfields be continued for the future, the Bbard reserving- to itself the power to make a special order regardinjrpactioular cases; ' That the1 application of H. Galbraltbfor section 18, block VI., Tuapeka East, be granted under the 41st clause of the Waste Lands Act 187& That the Receiver of Land Revenue be informed rafe to receive the purchase money in Mr Walter Miller's case.''/ ,■;"■...■ i-Ti";-.' --.-v = ..- .'• ■'">* '-'iT "~ miller's cask. " ' * ?r'J? Mr ConneU asked whether, the District Surveyor was to report in Millers case. The "Board" ordered, something to be done in special cases, and he wished to I know whether they were going1 to receive a report Mr Rbid : You had better get the land surveyed. -Mr Conned: We cannot. : ■ •■'- .:■ ■'. : Mr Reid: Then it will be surveyed in due course. We cannot keep the Government surveyors running over the country. If you like to do it, good and welL -'RECEIPT FOR SUItVKY FEBS.-' Mr John Cununing, Clinton, asked what he couleE do about the refusal of the ..Eeceiver_ of LamE Revenue, to receive his receipt ior the survey"fees to account of rent for his deferred, payment sections aC Waipahee. -. - ; '•■ •.:,.<■ .''.'■ •■■.-. ■■'.. :. •..:■. y Referred to thfi Government. : , : ; v ■.• rQLKSOMARU. Eangerßughan reported oa Messrs Garden and F&trie's application for a sawmill. lease, Glenouiaru, aricE recommended that it begranted. '■■-• ' - ■---

It was resolved that a deposit of lOs per acre shoute be made, and the survey submitted to the Board forconsideration. - .-- ...... -

ADVERTISEMEXIS.

The proprietor of the Wakatrp Mail asked that a£vertizements of land sales inthat district should be inserted in his newspaper.

Referred to the Government

LjLXD ON THE doUHTE&DB. '" ['i.-'. The following applications to purchase land on. tne goldfields were postponed:—P. Tracey, section 45, block XIX., Tuapeka East; Thos. Trelvor, section. 2o£ 69, block 1., Tuapeka West (mistake to be rectified by the officer); John Maclean, sections 42, 43 31 46 ES 52, 49,39, 40, 35, 36, 50, and 32, block 111., Tuapeka West. , _ - -

The followingapplications were refused ;—G.' Brook; section 9, block 111., Tuap'ekaWest; Wm. RobUis section 44, block 111., Tuapcka West.

SURRBXB2R OF CERTIFICATE. " '-:', The District Land, Officer transmitted Mr J. A_ Cruiekshanks's letter, surrendering, his deferred payment certificate for section 8, block 1., Waikaka; and. asking that the deposit should be returned. • The Board decided to forward a copy of surrender for signature, and re-advertise the land".

TUTntAO" DISTRICT. Messrs. Connell and Hoodie, for John Barraclougfr, applied to have him declared the purchaser of sections 14 and 15, Block VIII., Tuturau District, recorded.

GLENOMARU BUSH RKSERVE. Ranger Hughan reported on the .state of the Glejpomaru Bush Reserve, leased to Messrs. Jackmau aust Inglis. ■.-,.'■. The Bjarl resolved to refer the matter to the Provincial Solicitor with the view to ejectment. EUROPEAN FLAX. ': Mr George B. Langlauds, Geelong, asked what terms: the Government would give him if he purchased 3204 acres suitable for the growth of European flax. The Commissioner.: To send liiui a copy of all the: maps would take a month's time. '•--."• The Board resolved to advise applicant to come himself and examine, or employ a laud agent, TOJETOES UVSPRKO. A memorandum was received from the Provincial Solicitor relative to the recovery oi assessment due for pasturage of stock on the 'i'oetoes Hundred by the; Bank of Ofcago re Sinclair's estate, during the year 1573. To enable the Government to recover against:. the Bank, it would have to be proved that they actually depastured the number of cattle mentioned in the notice, or that Mr Russell had puwer t« nuke the de^claration on the subject. lie (the Solicitor) thoughts the Bank of Ctago should first Ue written to, so that if jKJssiWe, the reason of their refusal might be ascertained. After a short discussion, the mx.twr was referred te» the Government. FIRE AT KAITASOATA. Mr K. Grigor, Secretary to the Kaitatasita Coal Cont pauy, stated that the coal mine leased to M'Farlane; and others, was on fire, therobv tniinngerin" their mine adjoining, and asked the Board to order tlie lessees to put the fire out. •lhe Board decided that the: )<?*««,' attoiitii-;> pj,-oa!d be callwl to the matter. The Board then adjourned.