MR MERVYN AND MESSRS CARGILL AND ANDERSON.

Otago Daily Times, Issue 4303, 2 December 1875, Page 3

MR MERVYN AND MESSRS CARGILL AND ANDERSON.

It will be remembered that some months ago a discussion took place in our columns between Mr Mervyn ami Messrs Cargi'l and Anderson.

A sequel to the same, by an impartial gentleman, has been written. It was read at yesterday's meeting- of the Waste Lands Board, and took the form of the following JIEJW. The delay in reporting on Mr Mervyn'rf application has been caused by the fact that Mr Simpson had, as Warden, received, on the 30lh June last, an application by one James Holmes, under the agricultural lease regulations, for ground adjoining sections 3 and 4, block 1., Tsvkit, and without an adiiiis'ion from Mr Mcryyn, who had gone to Wellin; ton, or a survt-y; he was iv d mot as to whether or n"t both applications were for part of same ground. This i o.v has been set at rest I>3' Mr Mervyn and the surveyor. The ground apjilicdfor by Mr Mervyn is part of 200 acres applied for by Mr Holmes on 30th June, 1875, and adjoins a freehold held by Mr Mervyn. It has been in the occupation of Mr Mervyn for the last, eight years, with th» t iv t, if not expressed, consent of the runholder«, and Mr Me. vyu has expended thereon say £70 or £100 in ertct ng a dwelling-house, which he now use-i as a woolshcd, and a few chains of fencing. He has also sown say 15 acres of grass, and cut a few drains for irrigation, &c. For the difficulty Mr Mervyn now finds himself in, he has tti bluinc himself, for, from the first, hes-ems studiously to have avoided placing aii3 r of his buildings on his own ground, and, in 1872, when he applied f r laud under the agricultural Ica-^e regulations, including this very ground, he took it up so as almost to resemble Euclid's definition of a line—length without lire idth- in <-ther words, all frontage ; that when it came to be surveyed he was told he could not have it so, and he chose which end ho would wish the survey to start from, when he el»ctod that most dUtnnt from his own holding, thereby leaving the ground in question and other ground between. However, up to June last, or thereabouts, he pciceibly possessed, when he seems to have incurred the wrath of Messrs Cargill and Anderson, and their manager, Mr Holmes, and steps were taken to eject him. While the case was proceeding Holmes put in the application already spoken of. As the legality of the receipt of applications under the Agricul-tural Lease Regulations for land in bock 1., Teviot, is questioned, the District Officer would here exp'am that .some time in 1805 or '(10 some arrangement was come to between the Government and the runholders for the receipt of applications for agricultural leases, and in consequence the Warden was instructed to receive applications ; and, wider that arrangement, Mr Mervyn and others acquired land, and the block continued in that position up to July last, when it was duly cazeiteil. Previous to July, the land may not have been, strictly speaking. l<nd ov«t which the Governor, under the 35th clause of the GoklfieWs Act, 1800, could grant leases, but it does not appear to the District Officer that anyone but the runholder could take the exception. If the WasteJ Lands Bo»rd can come to the conclusion that block 1., Teviot, up to July la*t, w;is not land over which agricultural leases could be granted, and that the runholders' lease has been cancelled over the ground in question, there is only one course open, and that is to giant the land to . Mervyn, as being the first legal applicant. If, however, the Hoard do not take that view, and see fit to abide the result of Holmes's application before the Warden, which still awaits the completion of the survey, the District Olliccr would state that as Warden, he intends to alopt the course in Holmes's case which he follows in all similar eases, regardless of a'l petty reasons that may have given rise to the application, that is, to refuse the application unless Mr Hphnrs is prepared to pay compensation for all improvements on the ground at valuation ; and in justice he does not think Mr Mervyn entitled to more consideration, seeing that in the outset he appeared studiously to have avoided placing his buildings on his own ground; that when he had the opportunity of taking up the land, he chose not to do so, and that he lias had ihe free use of the land for, say eight years. It will then be open for either party to gtt the Government to veto. W. LAWRKNXK SIMIVKON, District Officer. Clyde, 20th November, 1575. In a discussion which took place, Mr llkid expressed the opinion that if Mr Mervyn had bought land according to a dctini tion in Euclid, and had the free use of land for eight years he (Mr Reid), did not see why the ground now iv question should not be sold. It was resolved thafc the matter be referred to ihe Provincial Solicitor, requesting an opinion as to whether the land in question was open for agricultural lease when Holmes's application was lodged.