LAND BOARD.

Otago Witness, Issue 1653, 28 July 1883, Page 13

LAND BOARD.

The ordinary meeting of the Land Board was held on Wednesday morning, when there were present the Chief Commissioner, and Messrs Clark, Duncan, Stout, and Bradshaw.

CHATTON. Messrs Connell and Moadie, on behalf of William Pacey, applied for a 21 years' lease of section 32. block 111, Chatton, now 'held by him under license.— Resolved to issue a lease for 21 years at £5 per annum, payable in advance, with usual lease fee ; price of coal at pit not to exceed 10s ; lessee to be subject to the determination of the Board in the event of the mine being unworked for a period of six months.

UPPER WAKATIPU.

An adjourned application by John Greig foi' section G in this district, adjoining the Kinloch township, was approved of.

PRE-EMPTIVE RIGHTS.

The Board considered the adjourned application by Mr Watson Shennan for preemptive rights. — It was resolved to allow Mr Shennan to apply for 320 acres on run 247 A,

LAUDEK.

Messrs Connell and Moodie, on behalf of F. W. Glew, applied to the Board asking them to recommend the Government to act apart section 12, block V, Lauder district, for perpetual leasing.— Government to be recommended accordingly.

ST. BATHANS.

Messrs Dalgety and Co. asked that when section 7, block I, St. Bathans township, is offered for sale it be burdened with valuation for sohoolroom and other improvements in favour of Mr F. G. Dalgety. — The Board agreed to recommend that the ssction be burdened with valuation.

OTAMA. Henry Anderson wrote asking that section 12, block 11, in this district, be burdened with half value of his fencing when offered for sale.— Referred to the ranger for report.

AGRICULTURAL LEASE.

The Warden at Lawrence, reporting on the application of Messrs Connell and Moodie, for G. Burrin, to have sections 2 and 3, block XIII, Chatton, proclaimed open under the agricultural lease system, recommended that they be thrown open under perpetual lease. — ■ The Board decided to recommend the Government accordingly,

MOUNT HYDE.

Mr J. B. Ewart applied under "The Reserves Act 1881 " to occupy 80 acres of section 9, block VI, Mount Hyde, for grazing purposes. — Resolved co issue a license for pastoral purposes to occupy the section at 6d per acre per annum, subject to the public being allowed the right of access for quarrying stone.

TARRAS.

Messrs Connell and Moodie, for D. M'Kenzie, applied ' asking the Board to recommend the Government to throw open section 4, block XIII, Tarras, on perpetual leasing. — Government to be recommended accordingly.

KANKLEBURN.

Messsrs Connell and Mcodie, on behalf of Wm. M'Cormack, applied for a license to occupy section 4, block XII, Rankleburn, under section 25 of " The Public Reserves Act 1881." The Tuapeka County Council objected to the license being granted at present, and asked that the section be leased or licensed by tender. — The Board granted a license at Is per acre, subject to the usual right of access foy stone.

CAPITALISATION.

Capitalisation was authorised in the following cases :— Henry Anderson, section 17, block 11, Otama ; Mary E. Cook, section 50, block 11, Tuapeka West.

WAIPAHI.

An application by Wilhelm Danmann to purchase section 45, block VII, under deferredpayment lease was approved of.

CATKINS.

Application by John M'Nutt to purchase unsurveyed rural section 29, block I, Catling, was referred to the ranger.

GLENKENICH.

The Warden at Lawrence, referring to the application by John Russell to purchase section. 25, block V, in this district, recommended thafe it be put up for sale at an upset price of £3 per acre. — The Board decided to recommend the Government to open the section under perpetual lease at 2s per acre.

SWINBURN.

An application by Messrs Gillies, Street, and OSislop*, asking that the proclamation of section 11, Mack IV, Swinburn, be revoked and the land opened for absolute sale was not acceded to. ARROWTOWN. JEenry Graham applied to purchase sections Ba»id 9, block XXXIII, Arrowtown suburban, at £3 per acre. — Declined.

GOLD-MINING LEASES. Certificates of application were approved as Jollow :— James White, section 3, block 11, •Cairnbill; James Nioolson, section 4, block ■XVI, Lauder ; Undaunted Gol*d-mining Company, section 13, block VII, Liauder.

SUTTON. The Board consented to, the surrender of James Purdie's perpetual l' ja se over section 15, block XIII, Sutton.

mi r „ BUDLE AND OTEPOPO. The following applications for deferred-pay-ment rural lands were 'submitted and approved of, the necessary licences to be issued :— Henry Clark, section 5, block 11, Budle: John Dor xeen, section 87, hloc-k I, Otepopo. „ A CANOELLA'fION OP LICENSES. Mr A. Munro having failed to uplift his transfer of deferred-payment section 16, block IV, Mount Hyd e district, on 3rd JanuarY last, and there being two and a-half years' rent in arrear, the Gw iE p Commissioner recommended the Board to # ca ncel the license. -Resolved to inform the ps , rt ies concerned that the license will be forfeit , e d unless arrears of rent are paid within one n ionth. y The Ranker having reported that Fergus block 11, .' liudle, had not complied with thd conditions of the license, it was resolved to ask forfeited^ ' W CaUS6 Why the same should not *»

MeasE-s Connell and Moodie applied, for R. M bm ith, to have a road laid off through Rrf«™ S g ? 8 ll Cfcl %. bl P c |? !. T «viot district. — Jietarred to the Chief Surveyor, with the Siaant C!CeSS *° r ° ad - liae being Sec « red b ? th *

f . TRANSFERS. i-vausrers of deferred-payment licenses were approved of as follow :-V R. PfailpoT to George Philpot section 7, block XI, Maere- ; James Wilson to John Pratt, section 9 , Ufok XI same district ; W. Marshall to l£* \- ug £r t0 , n ,' sectlon !> block XVI, Maniogto; Jj. Noble to W. M'Credy, section S, ; r b er b ( sSdT tioned subjecfc to ~

WANAKA. A letter was received from Mr Campbell' asking the Board to reconsider their Son Sn raC^ 0U S 6 Tl recreation-grounds on run 240 -The Board declined to alter their dS

■FOBfrEITEft LICENSES. Messrs Connell and Moodie wrote to the Vhiei Commissioner as follows :—

Up till lately we are awaro that the Board have held "tnat settlers whose liconses have been forfeited by Ite Board foe non-payment of rent aro precluded by the provisions of section 60 oJ " The Land Act I3i 7 " from ajjaia acquiring 1 land on the deferred-payment syptem, In OTder to maintain this interpretation, it is UaceaB».ry to deem a non-payment of rent to be & "fraudulent breach* of the conditions of the license. In the case of appeal Heffran v. the Land Board of the Otago Land District, the Supreme Court has recently held that a non-payment of rent or even a xrflful breach of the conditions of the license does not amount to a "fraudulent breach" (ffleo report of the judgment of Mr Justice Williams in the above case, Otago Daily Times, Juno 28 1883) and consequently that the non-payment of rent by Heffran did not preclude him from taking up an allotment of deferred-payment lands. As tht matter is of great importance to several settlors whose licenses have been cecently forfeited by the Boar-i and to others whose licenses the Board have decided to forfeit, and who are unable to pay the arrears of instalments, we beg to request that the Board will decide whether the principle affirmed by the Supreme Court as above will be accepted by the Board as of general vxpplicati n, and consequently that the appli«ationg i or bids for deferred-payment land of settlers ■whoso licenses have been forfeited for non-payment of rent will be received by the Board. * * On the motion of Mr Stout it was resolved — " That the letter be referred to the Hon. the Minister of Lands, and that tho Board respectfully suggest that the word ' fraudulent ' in the fourth line of section 60 of c The Land Act 1-877' be repealed."