The Daily News. THURSDAY, OCTOBER 11, 1900. FAIR RENT.

Taranaki Daily News, Volume XXXXII, Issue 207, 11 October 1900, Page 2

The Daily News. THURSDAY, OCTOBER 11, 1900.

FAIR RENT.

Dealing with this question, which is one of very great importance to the colony the Dunedin Star says:— "Another attempt is being made to pass a Fair Rent Bill, the Government, i undeterred by the previous failures of Sir George Grey and other reformers, having introduced a measure which purpprts to provide means for fixing a fair rent for land. The interpretation clause defines " fair rent" to mean, in the oaee of agricultural or pastoral land, such a rent as a tenant, using or cultivating in a husband-man-like manner, can fairly be expected to produce from the land over and above the necessary cost of cultivation and production, and also reasonable interest on necessary capital invested in stock and working plant ; and also the reasonable maintenance of himself and his family, or of such ,of them as are living and being maintained on the land. In the case of town, suburban', or village land, fair rent is defined to mean such a rent as a tenant can fairly be expected to pay, having regard to its site, buildii gs, and business advantages, if let for b'-winess purposes, for which it is best adapted, and its site, buildings, and residential advantages if let for purposes of residence. , For the purposes of the Bill ' land' means land of every description, by whomsoever owned, or in whomsoever vested, and includes Crown lands, public reserves, and Native lands. The Governor, by Order-ln-Council, may divide the colony into ' Fair Rent districts,' and for each district there is to- be constituted a board, called the ' Fair Rent Board for the District of —to consist of three members, to be appointed by the Governor-m-Council. A stipendiary magistrate is to be a member. and .president of the Board. At all meetings the quorum | is to be 'tio, of whom the , presi-1 dent must be one. The Governor is empowered to appoint a clerk to the Board and such other officers as may be necessary. The Board of each district are to have authority to bear and determine all applications made tq them, add to fix a fair rent of any land which is held under a lease for a term of years, whereof at least two years have expired and two remain unexpired. £he application is to be made in the prescribed form by either landlord or tenant, and is not to be entertained unless the applicant satietLfog~the Board that he has the other party to the lease to fair rent by private agreement; and that such party has neglected "to do so, or has insisted upon a rent which the applicant considers other than a fair rent. There are elaborate provisions in the Bill as to proceedure and mode of hearing the applications which it is unnecessary to review in detail. After hearing all parties and persons entitled to be heard, and taking such evidence as may be adduced, the Board are to determine what is the fair rent of the land, and from what date such fair rent is to commence to accrue, and make an order accordingly. In fixing the fair rent the Board are to have consideration to the quality and situation of the land; its access to markets.; the present and probable future cost of production and price of produce, the state of trade and price of commodities, and " geneially all such other considerations as the Board deem equitable." The fair rent, as determined by the Board, is for all purposes to be deemtd to be the rent payable under the lease in lieu of the reserved rent, and all covenants under the lease are accordingly to apply until the fair root is altered, pursuant to a frssh application to tb»l. eiiecfc, which may bo mule not sooaer' t'lan two years after tko date of the order made by the Board, on the previous application. If the fair rent, is greater than the reserved'rent, the! landlord is to be en'itled to require payment of whatever sum may be payable by the tenant in excess of the reserved rent for any period subsequent to the date from which the fair rent commenced to accrue. At any time after the filing of an application to fix a fair rent, the Boarc, or the president thereof, m y, at the request of the applicant, make an order to stay any proceedings for the ejectment or removal if the tenant, or for breach of covenant in respect to the non-pnyment of rent, uh'il the said application be fina'ly determined. Where an order has been made by the Board, such order is to be an authority for the payment and recovery of the fair lvnt, and be a bar to any action cr other proceeding in any c >urt or otherwise for the payment of die rent reserved under the lease. If die Board, in fixing the fair rent payab e by an under tenant, reduce the rent to an amount less than that payible by the superior tenant toa superior landlord, any rich"; if distress which the superior landl 3rd may have in respect to lie rent payable under the original lease is to be exercisable against the .nder tenant only to the amount of th? 'air rent. In case any application is jonsidrryd frivol us, vexations, or unreasonable, the Board uiay dismiss it, or may accede thereto ia a modified form, subject t; 3iich teems an to costs md expenses as they think fit. The leciKon of the J'oird is tc bo final and ■inclusive in regard to any matter asi In wluel) jurisiief'ou if give?-! to tliciul by the Act. A public authority and al twiaut iu,u|, wtfcor bftfow or 'fti% iihe|

filing of an application to fix a fair rent, agree as to the amount; but every such agreement is to be subject to the confirmation of the Board. Every public authority—a term yvhich includes the Crown, city, borough and county councils, harbour boards, and all'bodies having the control and management of land for any purpose—is specifically empowered to, make any such agreement, although the same may not be expressly within the soopeof the original powers of stfch authority. This is a very 'important proviso, especially as affecting municipal councils and bodies holding reserves in trust."