MR. D. H. MERVYN'S LAND SPECULATION.

Tuapeka Times, Volume VIII, Issue 518, 4 December 1875, Page 3

MR. D. H. MERVYN'S LAND SPECULATION.

The following was read aa a memo from the District Land Officer, Clyde :— " The delay in reporting on Mr. Mervyn's application haa been caused by the fact that Mr. Simpson had, aa Warden, received on the 30th June last, an application by one James Holmes, under the agricultural lease regulations for ground adjoining sections 3 and 4, block 1., Teviot, and without any admission from Mr. Mervyn, who had gone to Wellington, or a survey ; he was in doubts as to whether or not both applications were for partof the sameground. This now has been set at rest by Mr. Mervyn and the surveyor. Tho ground applied for by Mr. Mervyn is part of 200 acres applied for by Mr. Holmes on 30th June, 1875, and adjoins a freehold held by Mr. Mervyn. It has been in the occupation of, Mr. Mervyn for the last eight years, with the tacit, if not expressed, consent of the runholders, and Mr. Mervyn haa expended thereon, say, L 7.0. 0 to LIOO in erecting a dwellinghouse, which he now uses as a woolshed, and a few chains of fencing. He has also sown say 15 acres of grass, and cut a few drains for irrigation, &c. For the difficulty Mr. Mervyn now finds himself in, lie has to blame himself, for, from the first, he seems studiously to have avoided placing any of his buildings on his own ground, and, in 1872, when he applied for land under the agricultural lease regulations, including • this very ground, he took it up so as to almost resemble Euclid's definition of a line^

length without breadth, — in other words, all frontage ; that when it came to be surveyed he waa told he could not have it so, and to chose which end he would wish tho survey to atart from, when he elected that most distant from his own holding, thereby leaving the ground in question and other ground between. However, up to June last, or thereabouts, he peaceably possessed, when he seems to have incurred the wrath of Messrs. Cargill and Anderson, and their manager Mr. Holmes, and steps were taken to eject him. While the case was proceeding Holmes put in the application already spoken of. As the legality of the receipt of applications imder the Agricultural Lease Regulations for land in block 1., Teviot, is questioned, the District Officer would here explain that some time in 1865 or '66 aome arrangement was come to between the Government and the runholders for the receipt of applications for agricultural leases, and in consequence the Warden was instructed to receive applications ; and, under the arrangement, Mr. Mervyn and others acquired land, and the block continued in that position up to July last, when it was duly gazetted. Previous to July, the j land may not have been, strictly speaking, land over which the Governor, under the 35th clause of the Goldfields Act, 1866, could grant leases, but it does not appear to the District Officer that anyone but the runholder could take the exception. If the Waste Lands Board can come to the conclusion that block 1., Teviot, up to July last, was not land over which agricultural leases couli be granted, r and. that the runholders' lease has been cancelled over the ground in question, there is only one course open, and that is to grant the land to Mervyn, a3 being the first legal applicant. If, however, the Board do not take that view, and see fit to abide the result of Holmes's application before the Warden, which still awaits the completion of the survey, the District Officer would state that as Warden, he intends to adopt tha course in Kolmes'B case which he follows in all similar cases, regardless of aJI petty reasons that may have given rise to the application, that is, to refuse the application, unless Mr. Holmes is prepared to pay compensation for all improvements on the ground at valuation ; and in justice he does not think Mr. Mervyn entitled to more consideration, seeing that in the outset he appeared studiously to have avoided placing his buildings on his own ground ; that when he had the opportunity of taking up the land, lie chose not to do 80, and that he has had the free use of the land for, say eight years. It will then be open for either party to get the Government to veto, — W. Lawrence Simpson, District Officer." In a discussion which took place, Mr. Reid expressed the opinion that if Mr. Mervyn had bought land according to a definition in Euclid, and had the free use of the land for eight years he (Mr. Reid), did not see why the ground now in question should not be sold. It was resolved that the matter be referred to the Provincial Solicitor, requesting an opinion as to whether the land in question was open for agricultural lease when Holmes's application was lodged.