WASTE LAND BOARD.

Otago Witness, Issue 366, 4 December 1858, Page 6

WASTE LAND BOARD.

f_For a portion of tlie following 1 proceedings we ar? indebted lo oui con temporary ]

This Board met on Tuesday. Pre?ent— the Acting Chief Commissioner, Messrs. M'Glashan, C. Logic, and Thomson.

The minutes of the previous meeting having been read,

Mr. Thomson gave in the following protest against the decision come to in the case of Mr. F. D. Bell and Messrs. Davy and Bowler, referred to last week .'—

"The former decision was arrived at by three members, amongst whom two members (the Chief Inspector and Chief Surveyor) were personally acquainted with the country affected, and I am' persuaded that the decision so arrived at was consistent with the public interests and justice to the applicants'. The former decision was to the effect that the Board could not recognize any transfer of runs till the parties were legally in possession ; now, as I believe thai, so far from being legally in possession, neither a hut nor a hoof are on the grounds Of either applicant, the same decision has been overturned, and a leading principle of the Board set aside. The overturning of a decision so carefully considered so short a time ago by a subsequent meeting I believe to be pregnant with difficulties in the woiking of the Land Board, and, if persevered in, fraught with consequences subversive of public confidence, and a proper understanding amongst the membeis of the Board themselves. Such being my impressions, I content myself in this instance with only offering a recoid of the same."

Mr. M'Glashan stated that he was at first averse to take up the case, as, with the exception of the Acting Chief Commissioner, the Commissioners who had given the former deliverance were not present. He asked the Acting Chief Commissioner if there had been any change of circumstance" since that deliverance (for it was not a final decision), and the Board was told that the time had expired within which any party was entitled to object, and that the former decision was not intended to prevent effect being given to the mutual arrangement of the parties, and that there was no objection on accjunt of the nature of the country. With that explanation, he thought himself warranted to consider the case, and he had not heard am thing that altered his opinion of the justice" of the last deliverance, for the object of the application of the parties was to have the Board to sanction an arrangement which would rule their proportions of stock. He did not know precisely what was meant by the phrase '' legally in possession." if it was meant that ihe question of giving effect to the mutual arrangement could not be entertained until each party had stocked his run to the full extenf, thc-n it may be answered that the fuil extent of the obligation of each would depend upon the decision v, oti the mutual arrangement. If, again, b;> v - legally in possession," it was meant the issuing of a license, then, as the boundaries behoved to be described in the license, the}- fell to be fixed before it was issued, and, moreover, it would be a hardship to a party to say that he must put on stock to a given extent; though the very object of the application was to have a new distribution of the two runs, which would alter the proportion of stock each required to procure and put on his run.

With reference to several disputes as to boundaries, &c, it was resolve 1 that in future a clay should be peremptorily fixed for deciding such cases, and one month's notice given to the parties to appear. Mr. Macdonam) appeared on behalf of Messrs. Harris and Innes, to know the amount of stock required to be put upon their run, which was not to the extent applied for. A letter was read from Mr. Valpy, to the effect that he had been informed by the Chief Commissioner some time since that no other application for the country applied for by him had been received, but that five months "afterwards an application of a prior date was produced. He had now too small an extent of country, while several surrounding runs had an excess of acreage, a portion of which he claimed.

Mr. Raymond applied for liberty to hold a run for which he hnd applied, without beiiif called upon immediately to stock it. ° Dr. King applied to "be secured in the possession of a section near Oamaru, upon which ye had commenced building. An application was read from Mr. M'Lean, for 30 days' extension of time for stocking his run.

Mr. Jas. Harrold applied to be put in formal possession of some land at the Taieri Ferry, which had been granted by the late Mr. Proud foot, and which had been surveyed and drained at applicant's expense, but the title to which had been refused by Mr. Cutten without any assigned reason. Mr. T. B. Gillies appeared on behalf of Mr. Meyer, to know the amount of stock required to be placed on his run, a large portion of which was unavailable.

The whole of the above business was postponed for the consideration of the Board in private ; the decision to be given next day at 10 o'clock.

Mr. T. B. Gillies protested against this course being adopted, as tbe Regulations expressly provided that all meetings of the Board should be open to the public. _ The Boaru. however, adjourned its public sitting to next day.

The Board re-assembled on "Wednesday, when the following decisions were given without discussion : —

As regarded Mr. Meyer's application— 33o bead of cattle must be put on the run. Messrs. Harris and Innes—to put 3250 head of cattle on the run.

I In answer to Mr. Valpy's claim, it was stated that he must lodge separate applications for each excess of acreage claimed by him. Mr. Maymond's application was refused. Dr. King's application was postponed until the plans of the building were approved of. An application from Sir. Hogne for extension of time was acceded to, on his conforming to the resolution as to lodging a deposit. Mr. M'Lean's application was granted on similar terms.

With regard to the mode of charging the annual assessment on stock or runs, it was resolved —

" That the Acting Chief Commissioner be instructed to charge a proportionate increase, in terms of Regulation No. 92, on the certified stock placed on the Run when the license was issued."

With respect to lapsed applications for runs, it was resolved —

" That in case of lapsed applications for Runs, the Board shall not at once declare the same to be abandoned, but .shall cause an advertisement to be inserted Jn the newspapers, that after a date to be specified therein, not being less than two mouths, the Ituus specified shall be deelaied to be .ibundened. During such period sealed applications for said Runs may be lodged with the Waste Land Board, which will be opened at a meeting of the bo.ud, to be held upon the day specified in the advertisement. And all such applications lodged prior to that date shall be held to have been lodged at the same time ; and in the event of theie b(/iii"two or moie applicants for the same Run, it ihafi be put up to competition by auction between or among the applicants for the sune, md the applicant offering the highest bidding for the fiist jeai's rent shall be preferred, subject to the Land Reg U . lations.

" That the Chief Commissioner shall not insert <my such advertisement in the newspapers without tiiit laying a list of the lapsed Ru.is beloie the Board, and receiving the Board's instructions respecting them." The Board adjourned.