Waste Lands Board.

Star (Christchurch), Issue 5110, 18 September 1884, Page 3

Waste Lands Board.

♦ A DEBATED QUESTION.

THIS DAY. A. special meeting of the Canterbury "Waste Lands "Board was held at noon today ; present — Messrs W. Kitson (Chief Commissioner), J. Ollivier, and G. L. Lee. The firsfc business was the consideration && the case of John Bowie, the holder of

section 35158, Waikari, under a pastoral deferred payment lease. The Hanger had reported that there wa3 only a one-roomed cottage on the land, and that the occupant was not resident. Bowie was accordingly summoned to show cause why proceedings should not be taken against him, under clause 69 of the Lands Act, 1877, for depriving him of his license. Mr Bowie wa3 present, and stated that he had resided on the land since Sept. 1, but happened to be absent at the time of the Banger's visit. In support of his statement he called David Robertson, who deposed that he had built the cottage for Mr Bowie, and knew that he lived in it. The Board decided to accept Mr Bowie's declaration, and not to take proceedings. Mr Bowie also applied for and received three months' leave of absence from the present day. The Board then proceeded to consider the application of William Pycroft. It appeared that some months ago Mr Pycroft, then a deferred payment selector in the occupation of section 27, Block 3, South Eakaia, containing three acres, applied for another section on the same terms. The matter was referred by Mr Kitson to the Minister of Lands, saying that, as he understood the law, Mr Pycroft could not hold more than one section. The answer was that he could do so if he occupied. Notification was given to Mr Pycroft that he could by applying to the Board obtain another section if he occupied it. In the meantime, however, Mr Pycroft had paid the full price of the section he already held, thus changing his status from that of a selector to that of a freeholder, so that before he could obtain another section it was necessary for him to make a fresh declaration under the Land Act of 1877. This declaration, which is contained in clause 62 of the Act, contains the following passage : — " I do solemnly and sincerely declare that I have not at any time acquired the freehold of any land under the deferred payment system, and that I am not the holder, either in my own name, or in the name of any other person, of , and that I am not beneficially interested in any lands of the Crown within the Colony under the deferred payment system, or under any agricultural lease, to any amount which, addedjto the acreage comprised in this present application, would exceed 320 acres in extent." A long discussion • took place between the members of the Board as to the interpretation to be put upon the foregoing words, Mr Eitson holding that Mr Pycroft, having acquired the freehold of land under the deferred payment system, could not make the declaration, and therefore could not take up any more land. Mr Ollivier, on the other hand, held that Mr Pycroft could take up a further block of land, provided that its area, added to the acreage he already held, did not exceed 320 acres. In the course of the conversation, the Land Act Amendment of 1879 was referred to, Mr Ollivier contending that purchasers of land in village settlements, formed under the Act, were not required to make the declaration prescribed by " The Act of 1877," and that, moreover, a man having acquired a block of less than 50 acres in a village settlement, could go on acquiring other blocks until he had reached the limit, of 50 acres, laid down by the Act. Mr Lee was disposed to agree with Mr Ollivier, and it was finally decided to refer the question to the Government in order that the opinion of the law officers of the Crown might be obtained.