LAND BOARD.

Otago Witness, Issue 1894, 9 March 1888, Page 17

LAND BOARD.

Tho ordinary meeting of the Land Board was held on Wednesday. There were present: Messrs J. P. Maitland (chief commissioner), Clark, Dallas, and Logan.

Laudeh. — Mr Simpson, on behalf of John Shepperd, holder of perpetual lease section 5, block V, Lauder, applied to exchange his lease for a deferred-payment license — Approved ; price, 25s per acre.

Mount Hyde.— Ranger Hughan reported on applications by G. F. Singer and E. Black for a license to mine for coak on section 18a, block VI, Mount Hyde. He stated that there was no coal to be seen on the land, and suggested that both applications be declined until lignite or coal of a saleable quality is found. — A liceuso was granted to Singer for three years on the usual conditions', coal to be supplied at not more than 10s per ton.

Rents in Arrear. — The Receiver of Land Revenue reported that the following perpetual lessees were in arrear with their rent. — Patrick M'Clusky, Maniotofco, £81 13s 9d; J. Stewart, Tuapeka, £145 19s 3d.— The board resolved to take proceedings for recovery of rent if it is nob paid before the 21st inst. Trviot.— The representatives of the late R. Tubman applied to exchange pastoral del'errcdpayment liceuso of section 15, block X, Teviot, for a small grazing run lease. — Recommended for the Minister's consent.

Table Hill. — Mrs Eliza Nass wrote withdrawing her application for a reduction of rent on section 28, block VII, Table Hill, as no valuation would be allowed for improvements. — Received.

Nokth-East Valley. — The application of J. Reid to purchase a small portion of road line in North-East Valley, between sections 43 and 46, was withdrawn, and Mrs Wenlock's application to purchase was approved of. Rock and Pillar — The Warden at Naaeby reported that N. Sinclair might be allowed tooccupy section 38, block VII, Rock aud Pillar, on the usual conditions, and that he gave it up. when requested to do so. — Referred to tho chief commissioner to arrange accordingly.

Mr Morton asked that the lease of the mining reserve, section 7, block VI, Rock aud Pillar, be submitted for sale. — Referred to the district land officer to say whether it is necessary to reserve the section for mining purposes.

Wanaka.— The Warden at Clydo, in reporting on an application by Jesse Barker to purchase 100 acres of laud at Lower Wanaka, stated that he saw no objection to the application being granted, provided provision were made for tho protection of Pearco and Anderson's water-race, and the right of ingress and egress to repair tho same.— Approved, subject to the conditions mentioned.

Bengek. — Mr Jabez Burton, as agent for Matthew Crossan, asked that the proclamation opening sections 7, 10, and 11, block XIII, Benger, for agricultural lease be revoked, and the land made a small grazing run.— Government to be recommended to revoke the proclamation setting the land apart for agricultural leasiug,, and set apart tho same as a small grazing rua.

Glenkenich. — William Eskdale applied to have 200 acres in block VIII, Glenkenioh, now portion of Run 140b, opened for sale on deferred payments. — Referred to the ranger foe report. Woodlands.— D, M. M'Goun applied to pnrehase unsurveyed sections 15 and IG, biot'k J, Woodlands.— Approved, subject to survey attrt necessary roads. Cahdhona. — Martin Birch applied for a cash lease over 20 acres in Cardrona. — Lo&so granted for 15 years.

Button.— On the Chief Commissioner's suggestion it was resolved that the upset price of suburban sections in block V, Sutfcon, be reduced— section 1 to 6 from £5 to £3, an& sections 7 to 23 from £8 to £&.

Hawea— D. M'Lennan intimated that the portion of section 1, block "VII, Lower Hawea he desired to retain was 200 acres in "the centre o£ the section. — Consideration deferred for a fortnight.

Teviot.-— The Manager of the British and) New Z.eaJajQd Mercantile and Agency Company

forwarded an application by Messrs Cargill and Anderson objecting to authority to occupy section 1, block /, Teviot, beiug granted to Jones and Parker, stating that; they had destroyed the rabbits, and thought all along they had the right of occupation over the laud. — It was resolved to decline the application of Jones and Parker. A Legal Opinion.— The board recently received an application from Begg and Andrews for permission to mine for coal on section 16, block V, Mount Hyde. The question was raised as to whether this could be legally granted, and the matter was referred to the Crown Solicitor for his opinion. The following correspondence explains itself : — The Grown Solicitor, Duaedin. The Land Board are desirous of obtaining your opinion on the following point : As to whether a lease under " The Coal Mines Act 1886 " can be granted within an area he'd under lease as a small graving run under part 7 of "Tho Land Act 1885.' In connection with the question I would point out the following— that under section 203 and subsection Fof name (" Land Act 1885 "}, a small grazing run lease is inter alia made subject to " The Mines Act 1877 "and to all regulations made thereunder, &c ; but this act is repealed by " The Mining Act 1880," and that section 2 of this act provides that nothing in the act contained ahal! Hpply to coal mining or aearchlng for coal ; and therefore if a coal lease is "ow wanted, it must be under the provisions of " The Coal Mine 3 Act 1885."

J. P. MAINLAND,

I am clearly of opinion that such a lease cannot he granted ; and even if " The Mines Act 1877 " hud nob been repealed, I should be of tho same opiuion. The lease of a grazing run is not merely an exclusive right of pasturage— it is a demise of the land tor the term of the lease. There cannot be two terms of years in possession in the ssinie land at the same time, and there is no power to determine the lease of a grazing area if the land is required for another purpose. The only way I can surest is to get the IeBBPe to surrender his lease over Che area required for the coal mining lease, reducing his rent iv pronortion to the amount received from the coal lease. c B. C. H AUGHT.