MR MERVYN AND MESSRS CARGILL AND ANDERSON.

Otago Witness, Issue 1253, 4 December 1875, Page 10

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 and Messrs CaigiU and Anderson. A sequel to the same, by an impartial gentleman, has been written. It was read at yesterday's meeting of the Waste Lauds Board, and took the form of the following MEMO. The delay in reporting ou Mr Mervyn'd application has been caused by the fact that Mr riimpson had, a« Warden, received, on the 30th June last, an application by one James Holmes, under the agricultural lease regulation*, for ground adjoining sections' 3 and 4, block L, Tcviot, and without an adinbMon from Mr Mervyn. who had gone to Wellington, or a survey ; he wan in d>ubt as to whethrr or not both applications were for part of same ground. This now has been set at rest by Mr Mervyn aud the surveyor. The ground applied for hy Mr Mervyn is part of 200 acres applied fur by Mr Holmes on 30th June, 1875, aud adjoins a freehold held by Mr Mervyn. It has been in the occupation of Mr Men yll for the lastelghfye^rs, with th«? tust, if not expressed, consent of the runholdero, and Mr Mervyn hits expended thereon say £70 or £100 in ert-ct ug a duelliug-house, which he now usei as a woolshed, and a few chains of fencing. He has also sown say 15 acres of grass, and cut a few drains for irrigation, ftc. For the difficulty Mr Mervyn now finds himself in. he has to blame himself, for, from the first, he s-Hiiua studiously to have avoided placing any of his buildings on his own ground, and, in 187*2, when he applied fir laud under the agricultural lease requisitions, including this very ground, he took it up so as almost to resemble Euclid's definition of a line— length without bre idth- iv other words, all frontage ; that when it came to be surveyed be was told he could not hare it so, and he clio>e which end he would wish the survey to start. from, when he elected that most dUtaut from his own holding, thereby leaving the {{round in quei-tion and other ground between. However, tip to June last, or thereabout*, he peace ibly possessed, when he heenw to h»TD incurred the wrath of Messrs C'argill mid Anderson, rod their manager, Mr Holmes, and steps were taken to eject him. While the ca^e was proceeding Holmes put iv the application already spoken of. As the legality of the receipt of applications under the Agricul-turul Lease Regulations for land in bock 1., Teviot, is questioned, the District Officer would here explain that some time in 18(15 or 'CO some arrangement waa come to between the Government aud the vuuholders for the receipt of applications for agricultural leases, and in consequence the Warden was instructed to receive applications ; and. under that arrangement, Mr Mervyn and others acquired land, and the block continued in that position up to July last, wheu it was duly ttazeited, Previous to July, the land may not have been strictly speaking, land uvrr which the Governor, under the 35th clause of the Goldfields Act, 1800, could grant leases, but it does not appear to the District OJtcer that anyone but the mubolder could take the exception. If the Waste} Lauds Bo^rd can come to the conclusion that block !., Toviot, up to July lait, was not land over which agricultural leases could be granted, aud that the runholders' len.se has been cancelled over the ground iv question, there is only one course ppen. and that is to giant the laud to Mervyn, as being the first legal applicant. If, however, the Board do not take that view, aud see fit to abide the result of Uoimes's application before the Warden, which etill awaits the completion of the survey, the District Officer would state that as Warden, he intends to a4opt the course in Holmea'a case which ho follo'iva in all similar eases, regardless of a l l petty reasons (that may have given rise to the application, that la, 10 refuse the application unless Mr Holmrs is prepared to pay compensation for all improvements on tho ground at valuation ; and in justice hs do«i not think Mr Mervyn nuitled to more considewti'ju, seeing that in the outsot he appeared studiously to have avoided placing Ins build* iugs on his own ground; that when he had the opportunity of taking up thn land, he choso not to do so, atid that he has had tho free u.-e of the land for. say eight years. It will then be open for either party to get the Government to voto. W, LaWRKXCB StMI'SOS, District Officer. Clyde, 20th November, 1876. In a discussion which took place, Mr Reid expressed the opinion that If Mr Mervyn had bought land according to a definitiou in Euclid, and had the free use of land for eight years he (Mr Reid), did not see why the ground now m question should not be sold. It was resolved that the matter bo referred to the Provincial Solicitor, requesting an opinion at; to whether the land in question was