SOUTHLAND LAND BOARD.

Otago Witness, Issue 1956, 20 August 1891, Page 13

SOUTHLAND LAND BOARD.

The monthly meeting of the Labd'Bbar<L.wai held at 11 a.m., oh Wednesday, August 5. "There were present -. The .Chief Commissioner (Mr .Williams) 'and Messrs C. Cowan, T. Dennhton, and A. Kinross. .^ 4 A letter was read from the Lands department in-, timatjng that his" Bscellenoy.the . Governor bad approved of tbe resolution of the board withdrawing from eale all lands under Appendix H of the Aot of 1885. The Lands department also wrote stating (bat the recommendation of tbe board for. the reinstatement of Donald M'-Donald snd, J, W.~ Miller on their deferred-payment selections had been approved. , John Simpson renewed h}s, application for the grouping of U seotion.t at Loanqud. Jbey.had been open for sale for some, years,,, and,, only "one of ithem had been taken up.— Tb.9 .ranger being still unfavourable to the grouping of the. sections, It was decided to adhere to the previous decision of the board. On the application pf Mr Wade; representing Mr M'Kenzie, the board agreed to hold a special .inquiry on|the;i2th inst. into a dispute between ; Messrs Dudley and M'Kenzie in reference to their coalmining area in tbe Waikaka district.— Tbe parties to deposit £5 each and to call tbe necessary witnesses. T. Tagney suggested that a block south of seotion 42, block VIII. Jacobs Biver Hundred, should be thrown open for selection. — Xo be informed that the land is npt in tbe jurisdiction of the board.. A. F. Hawke was granted a lease of about 50 acres of bush land known as Dipton buih reserve at a rental of 40s per annum. J. Nioholl nuked the board to value about 20 aores adjoining section 10, Waimatua, which he wished to take up kubjuot to the consent of tbe Pine Company. The Chairman said the company were prepared to abandon thejarea, but, the land being State forest, the board could not deal with it. Mr Cowan suggested that the Minister be informed that an application has been made for abandoned State forest land and recommended to open it for •election. — The Chairman said the matter was -worthy of consideration, but though that action csuld not well be taken unless a comparatively large blook was available.— Mr Kinross said tbat was true, and suggested tbat when large areas were cut out the Government should be recommended to use them for settlement purposes.— The Chairman said he was prepared to oarry out tbe suggestions made, but he thought the Government would not issue a proclamation for 20 acre 3. The question arose as to what amount of land the company would give up. — It waa decided to hold the matter over in. order to ascertain how much land they were prepared to abandon.

Solomon Faatu's application to be allowed to use his old property in the Native reserve at Biverton was beld over. J. Lush applied to purchase a pieoe of land to the north-west of Ardlussa. The land had been reserved in terms of the board's resolution withdrawing from sale areas formerly offered under Appendix H of the act of 1885, and on the motion of Mr Cowan it was resolved to inform the Government that an application bad been reoeived for it, and to recommend them to throw it open under the existing law.— Mr Dennicton, who was absent from the meeting of the board when the resolution was come to that all land under Appendix H should be withdrawn, said be thought the board's notion was ultra vires. The act in his opinion gave tbe board power to deal with specific caies on their merits, but did not permit them to suspend an aot of Parliameat and do away with the right* the whole community had under Appendix 11. Mr Cowan stated that it was in the interest of tbe public the step had been taken, and tbe chairman stated that their action had been approved by the Minister. D. Bell nnd T. Spear applied for the unsurveyed portion of Kingston towuship. Mr Kinross said in all cases where tbe areas were of sufficient value and size they should bs submitted to public competition. —This was agreed to. John Begefrky offered Is par aore per year for coal mining rights over section 18, block I. Waikaka, containing 32 acres. The Kuapdale Road Board suggested that it would be well to deal with tbe land in order to make someone responsible for keeping down the gorse. Banger to report. At the last meeting of the board Johnston and Co. were grant ed section 16, block V, Ltndhurst Hundred, under the perpetual-lease Bjafcero; and a petition bearing 12 nnraea was now submitted protesting agiintt the action of tbe boa d in jj'antii.g the application. I'iie petitioners rneutione d thabif the formi r decisions of th« board ware a 1 -rßdr 8 d t<> they wou'd have to leave the f district. <Bwy bad lived there

; three yearf, and were able to earn a livelihood on the i land at mining when other employment failed. Gold had been traced from the New Zealand Company's land at Edendale to the seotion, and a very satis* faotory prospeot obtained. It appeared that the petitioners, who had been mining in the district for i some yean, took out miners' v rlgb,ti, ; , which they thought sufficient, but did. .not* obtain miners' pro-*, specting licenses which would have entitled them to work the ground with. Johnston and Company, stepped, in and obtained tbe perpetual lease pf the land, wbioh debarred them from continuing ! mining.— Mr Dennj|B > (jqn > %ought it was.a oa«e where gome consideration should be shown for tbe mining j interest, and it was decided to reconsider tbe matter at a special meeting to be held on the 12th mat., all the parties interested to be irj vifced to attend. H. W. Hickless,T*ecretary : of .the Small Farms' Association, Oolaoßiy, wrote In connection with the company's application for ureas in the Longwood district and Jacobs' Biver Hundred, tbe total quantity applied for being 1300 acres., chairman said that part of the land (blocks 17 and, 18, Jacob* Biver Hundred) being x within-, the, coldflelds reierve, Warden B'awion 'had been asked to , report whether be thought it expedient that the land should be withdrawn from the goldfield; and be had replied, as follows,:,—'! After making careful inquiries I don't think it would be advisable to exclude the land from the gold mining district and .allow. It to be purchased, as it is* evidently auriferous. There is also a large artificial water supply at the back of it on a good elevation, which will no doubt be available when required to work tbe land." It was stated that a good deal of the land is held by a sawmill company, wbioh was only prepared to abandon 600 aores, and that part of the land was State forest land ; also that there was a movement on foot to have the State forest land thrown open for settlement. Mr Laurie, who appeared on behalf of tbe company, said that there was a good deal more land worked out than was stated, but that it was used for the purpose of affording access to other land that had butb on it. An application was received from F. Henry for land covered by the warden's report, and tbe Chairman said it would have to be deolined as well as that of the association in the face of the report. This was deoided— the ohief commissioner to refer the whole matter to the Minister of Lands for consideration.

Eleanor M. Lee was granted the freehold of perpetual lease section 42, blook IV, Oampbelltown Hundred, subject to the ranger's report being satisfactory, aud the matter of arranging with the county council as to the closing of a road line in favour of another more convenient to the holder of the seotion was Mb in the hands of the chairman.

The Banger reported that he valued the improvement son section 64, Waiau, at £65 ; those on seotion 168. Wairio, at £488; and thoie on seotion 106, Waiau, at £200. Adopted. Forfeited deferred- payment section 20, blook XXV, Bast Gore, was ordered to be thrown open for sale.

It wai deoided fco recommend the Government to reduce the prioe of seotiom 12 and 14, blofik VII, from £5 to £3 per oore, and to alter sections 11, 13, and 15 in the iams blook from deferred-payment to cash land at the reduced price of £3 per acre. ,The ranger's valuations of deferred-payment lections 168, Wairio, and 492, Hokonni, were adopted. Payment of the balance due for improvement* in eiOein of arrears on eeofcion 41, blook XVII, luvercargill Hundred, wa< sanctioned. A. Pullar'* application to purchase a reserve for a water race through section 27, blook 111. Ohatton, was referred to the warden ; if no objection the land to be sold at 40s per aore. D. Corkery applied to take up seotion 4, bloc* XV, Longwood, under perpetual lease, or failing that a seotion in block XVII, Jacob's Biver Huodred.-The Chairman said that in the case of the first area the proposed reduction in price had not yet, been approved, and the second was State forest land, so that neither of the applications could be considered at preeent. F. E. Bow den offered to take up two forfeited de-ferred-payment sections at Waikawa.— To be advertised open for sale. F. Logue Bugge-fc^d that section 737. Centre Bush, sbould be altered from cash t > dtferred-pay-m»nt land.— To be informed that action is being taken.

P. Sullivan applied for grazing rights over section 3, b'cclc VI.'I, Makarewi — To be advertised at an upi-et re:.tal of 30s per acre per annum T. F, Jtifcohie (DuEe3in) applied for a license to occupy about three acies of laud at Horse Shoe Bay. Stewart Island, for fish-preserving works, and asked the board to be good enough to recommend the Marias' department to gran-, biia permission to ereofc a imall jetty.— Mr Dennirton said that 6he more fclia

board could encourage lefctlement at Stewart liland the better, and it was deoided to grant a lease for ■even yean at lOi a year, the Chairman stating thaC the applicant would need to apply to the Marine department with reference to the jetty. T. Lee asked the board to group blocks 9 and 10. Dapreuiand offer them on deferred payment.— Deolined.. ' D. Gillanders renewed bis offer to purohaie secMop 35, block IX, Waikaia.— To be informed that the land has been thrown open for sale. „,..> A deferred-payment jeotion held by the late J. Dodt wm transferred to his son X. G. Pods, T. Graham was granted the freehold of perpetual lease leotion 7, blook 3, Wendon. J. Phillip was granted permission to construct a tramway from seotion 31, blook XVII, Jacob's river Hundred, subjeot to non-Interference with existing privileges, snd that a level crossing is made over Laurie's tramway. B. Storey applied to have sections 101 to 106, Tahi* tlmo, grouped and offered as a run instead of on the perpetnsl-leate syitem. — It was.xesolved that; the application could not be entertained, D. Crowe, Scott's Gap, complained that the valuation of hit land was too high, and aiked for a reduction.—Declined. .T. J. Coombea, applied to transfer seotion 37>, Wair'io. to J. Que»ted.— SanoMoned,, provided no ob?, jeotion is' lodged within 30 days.— A similar course was followed in the' case of the transfer of eeotlon 45, Walau, from G, A» Darley to W. J. Darley. Xhe Southland County Counoil asked the board to vest in it about five acres of section 264, Forest Hill, as a gravel reserve.— Granted conditionally on a survey being made > the present tenant to be asked if' he has any objection, and if be has to receive a year's notice. ' *

-The Banger reported that eight deferred-payment •eleofcori in Bast Gore bad failed to comply with their conditions. One of theie, John Jeokt on, wrote abandoning his section and it was accordingly declared forfeited. It was decided that the remainder be written to in reference to their failure to comply with the conditions. Mr Kinross stated that he bad been told by one of the (electors that he had not received his lioense, and so some doubt might be entertained as to when residence should begin. The Chairman said that delay in issuing licenses might at any time happen when a rush of work occurred. The following perpetual lease applications were granted :-W. J. Darley, teotions 90 and 92, Waiau; F. P. Twemlow. sections 9 to 10, blook 111, Seaward Bush; W. Button, section 2, hlook I, Liudhurst Hundred ; H. Rankin, section 34, block XIV, Ohatton. The following applications to complete purchase were granted: -A. Oalder, section lA, block X, Fernhill village ; J. Henderson, section 29, block 111, Ocama. N. B. Griffith applies to purchase the section adjoining J. Fitzgerald., freehold, Orepuki.— To be referred to the warden to be granted if the land is nonauriferous B. Scobie suggested that further village-settlement ceotiont should be surveyed in the Waikaka district, all those previously thrown open having been taken up. He mentioned that a requisition had been sent to the MinUber of Lands on the subject, and a motion to the effdct that the board would be prepared to recommend a further survey when in receipt of his reply was Raised. ' The New Zealand Pine Company asked for permission to remove timber from seotion 31, blook XXIII, InvercarglH Hundred. It was stated that the land had already been worked over by a saw mill. —After a brief discussion, in the course of which it was remarked that the company could not possibly be short of timber, the application was declined. C A Bueh and OK B. Tucktr were granted p»rmiision to construct water races for mining purposes in the Pegasus distriot.— Hews.

SPECIAL MEETING.

A special meeting of the board wan held on Wednesday, 12th Augußt, to iDqu:re into the circumstances of two oases held over from the last ordinary meetlrg There were present Messrs Williami (ohlef commusioner), Cowau, and KinroßS.

The Commissioner read a note ftom Mr Denniston apologising for his absence owing to illness.

The dispu f c between Messrs James M'Kenzie and John David Dudley was first dealt with, Mr Wade appearing for the former, aud Mr Henderson (Gore) for the latter. The inquiry was held at the request of James M'Kenzie, licensed bolder of a coal mining area part of section 29, blook VI, Waikaka. M'Kenzie alleged that the issue of his license did not plaoehim

in the position with regard to the area that he had applied for. He put in a sketch with his application , wbioh was unfortunately granted without i\ survey. Some time afterwards Dudley applied for and was granted a license for a ooal-mining area and got a survey. It then appeared tbat Dudley* grant overlapped by one ohain that of M'Kenzie, who now asked tbe board to reconsider their decision re Dudley'! application, as be felt it a hardship to Jose thii ohain of ground.t-Mr Henderson took objection that the board could not hold an Inquiry with regard to the matter, as the act provided that an inquiry oould be held, only in regard to something the boatd was about to do and npt ip regard to what It bad done.— Tbe board overruled the objection.— Mr Wade said the question seemed a very simple one.— Dudley, applying subsequently to M'Kenzie, was only entitled to get wbat M'Kenrie was not entitled to.— lt was then decided to go on with the inquiry.— Mr James Blaikie, authorised surveyor, stated thac Mr Spenoe (late 61 Dudley's area> on>whioh he relied to ft ooiwiderable extent. Did not pay much attention to M'Kenzle's sketch, which had accompanied his applies* tion, bub relied, upon the offloe map, these sketches generally being only approximately correot. Witness soaled off tbe section . first upon M'Kenzie s sketch, which, was drawn to.soale, and then upon the map, and on comparing them found tbat M'Kensle had not got the land he applied for by one obaJn in width. If" a ohain were now taken from theiland granted to Dudley it wonid leave Dudley's pit on M'iienzle's ground.— Tbe Chairman said tbat the'board had intended to grant M'Kenzie' license in Booordanbe.wlth his sketoh.— Mr Clare, draughtsman,, stated, that as near as be oould -reooueocMr Spence bad marked off M'Keuzle's application upon the.ofnce map. It should correspond, with M'Keuzle's sketch, and bad beeu marked in penoil only pending survey. Tbe ground bad not yet been surveyed, as M'Kenzie bad not deposited the survey fees, nor had be been asked to, as far as witness was aware. Tbe •ketch attached to M'Kenzie's application was correctly drawn. Nearly all the sections in blook VI, Waikaka, had been granted without survey. There was} a discrepancy of nearly a chain between tbe sketch attached to M'Kenzie's application and tbe area, marked off in the office map in penoil.— Mr M Nao. receiver of laud revenue, read from tbe minute book that on December 3 Dudley was granted five acres in seotion 29, block VI, Waikaka, for three years.— James M'KeDzie stated that Mr Spence hid said it would not ba necessary to have a survoy of the area he applied for, as there was no conflicting internets. He told Mr Spenoe that if the survey made for Dudley was oorreot be woulu not bo able to work his ground properly, and asbed to be allowed to object t j Dudley's application. He was too late, however. He had never been asked for any survey fees.— Mr Blaikie stated tbat tbe application, he believed, was for. five acres, moie or less, and as the area, left between tbe boundaries was not much over, that, he was instructed to survey the whole of the unoccupied area ; henoe the difference of nearly two acres between the area granted, according to tbe minute book, and tbat shown in the survey sketch beld by Dudley.— John David Dudley stated that Mr Spence. estimated the unoccupied area at about five acres, and suggested that he should take tbe blook. He agreed to that, aad when it was surveyed tbe area was found to be nearly seven acres. He had opened put alongside of M J£enale's peg and he made no objections.— The board deoided that Dudley's surveyed area must have preference over thesurveyed area of M'Kenzie ; in corroboration of which tbe license issued to Dudley contains a provision giving M'Kenzie access through Dudley's area on certain terms, set forth in iho license aud arranged by Mr Spence, to whioh M'Kemle and Dudley were parties. A number of, miners appeared before the board to show oause why the board's motion granting a perpetual lease over section 16. blook V, Lindhurst Hundred, to Johnston and Co. should be resoinded on the ground that the land is auriferous.— The Chairman taid the inquiry had been deemed advisable in the interests of tbote getting a living on tbe ground. — D. M!Lean, miner, stated that the section had been worked for the last thre.e years by miners, and there were some good prospects of gold to ba got on it. Johnston's mate, S ponce, bad beeu dig^iug on the seotion for several months, aud the ground was not suitable for agricultural or grazing purposes. There were eight or nine men making a livelihood on the teotion and others working 011 adjoiuing sections. He had no license, but had a miners right.— Alexander Lamont, a miner of 53 years' sanding, stated thaD all the ground in that locality was suioiblH for mining purposes and showed a sample of the gold. He was certain the ground was of no use for agricultural or grazing purposes.—William Todd, miner, stated that there was

good gold to be got in tbe land, and section 16 wa tbe best.- He and his mates bad washed up for tome 1 timoSOdwt (vatae £6> per week, and at times they made more than £4 per week. Sometime* there were 14 or 15 working on the ground, and they went away shearing or harvesting when water was scarae. —John Williams stated that he always made from 35s to £2 per week on section 16.— Andrew Johnston (the applicant;) stated that be had taken up tbe land tejmake a home of it, and not for any other purpose. No questions were asked him in the Land Omoe and he] did not state that there was mining going on upon it. When he took it up there were three huts oa- tbe land besides his own." He wepked at gold mining on a private seotion adjoining and this < section would come in handy lorj him as a home. He intended to use it In accordance with tbe conditions ■of tbe lease. He! knew there bad been digging going on on the seotion. but he did not consider it bis place, to inform the board when applying.— Simon W. Spence* stated that he was a partner with Johnston 1 . He had gone in with him for the seotion and intended tamake it bit home. He was now digging upon the seotion, but he intended to enter upon farming very "shortly.— Another witness'- who had beefi a partner,, with Spence and Johnston stated that he knew^tbey had takjen up the land merely to get a monopoly of the best mining ground. Spence bad ordered them off the ground already. He (Spenoe) was working without!» license.— The Chairman remarked that it looked as i! the petitioners had been taking advantage of thejboard in the matter of working quietly on Crown lands without a license.— A number of them protested that they were iguorant of the fact that a license, otber than a miner's right, was necessary ; and they were all prepared to procure licenses if the land was deolared open. — Mr Wane contended that the application was beyond the jurisdiction of tbe board, as these men were simply protesting against a decision which deprived them of doing wbat they had no right to do. They were trespassers, and had no mo'fl right to apply for a rehearing than he bad. There was nothing to show that Jobnaton was not sincere in his intention to carry out the conditions of bis lease as he declared he would do.— After «onsideration it was decided tbat the motion granting Johnston's application be resoinded in the public interest. The board then adjourned after a sitting lasting till near 6 o'olook.— Southland Times.