West Coast Times. FRIDAY, SEPT. 14, 1866.

West Coast Times, Issue 305, 14 September 1866, Page 2

West Coast Times. FRIDAY, SEPT. 14, 1866.

As a matter of considerable public interest to a large section of the community, we extract the clause of the new Canterbury .Waste Lands Act referring to the sale of sections in the goldfields townships. The Act is primarily designed to relieve the squatters of East Canterbury from certain alleged disabilities under which they have labored ; and it provides for the issue of licenses to depasture stock to persons who have been, or hereafter may be, purchasers from the original holders of runs, of the right of pasturage over certain portions ot' them. In other words, it legalises the partition 6f runs held under license, for the purpose of the transfer of rights. The fust seven clauses of the Act are framed to accomplish this end, and we may infer from the language of the preamble that this was the sole purport of the measure on its first introduction. An eighth clause has, however, been added — which, we presmme, may be ascribed to the friendly intervention of Mr Moorhouse — providing for the sale of " improved sections of lands in the goldfields townships of the province. When his Honor the Superintendent was last here, this subject was forcibly brought under his attention by the deputation who waited ou him. A select' committee of the Provincial Council had previously reported upon it, recommending a plan of disposing of the town allotments somewhat at variance with the requirements of the Land Regulations, but designed to protect the equitable interests of the occupants, who had created by their enterprise and outlay whatever value attached to the sites on which tteir business establishments were located. The recommendation of the select committee, based upon representations made by the Improvement Committee, were in effect, that the town allotments should be, conveyed

to y their actual holders at a fixed price per foot of frontage. In order to allow effect to be given to this recommendation, it will be lemerabered the Government held back from sale, uutil the necessary legal action of the General Assembly could be invoked, the principal business portion of Hokitika, comprised within the limits of what is known as the triangle. The remaining portions of the surveyed town lands were pat up for, sale under the auction regulations : and the unexpected absence of competition at that time, induced a desire amongst many occupants of reserved sections, that these also should be disposed of in the same manner. When Mr Moorhouse was amongst us there was a marked division of feeling prevailing on this point. Many were in favor of an immediate fcnle of tbe lands within the triangle under the old regulations — that is, by auction, at an upset price of L4B per acre. Others were equally firm in the opinion that their interests would be best served by the opportunity of securing their allotments at a fixed price, j Both views were pressed by the deputation upon his Honor. One member of that body, however, Mr Shaw, proposed to solve the difficulty by a compromise which shoidd allow every occupant a choice of systems under which to bring his section. He suggested that those who preferred the old regulations, and were content to take their chance in the auction room against all competitors, should be allowed to do so ; whilst, ou the other hand, those who preferred, might avoid competition by paying a fixed price per foot for their allotments. This suggestion has been adopted in the eighth clause of the new Waste Lands Act. It will be seen that the clause confers large powers upon the Superintendent. It authorises him, " upon the recommendation of the Provincial Council," to proclaim lands! in townships withdrawn from the Goldfields, for sale, and to offer them at ' a fixed price to their lawful occupants, in alf cases in which improvements to the amount of not less than L2o have been effected. It gives the Superintendent, " upon the recommendation .of the Provincial Council," the absolute power to " fix the price at which such land shall be, so offered."

So far, the law is amended to enable the suggestions of the select committee to be carried oivt, by a departure ,from athe old regulations. But a most important part of the clause yet remains. The section holder to -whom the right of purchase at a fixed price is offered, is not obliged to accept the offer. Within two months after the proclamamation of the intended sale in the Gazette, he may signify his consent in writing to take the land of which he is the legal upon the terms proposed. If he thinks he can get it cheaper x Ly letting it go into the auction room, and is content to run the risk of beingbought out, he may do so. Thus a fair option is given, in accordance with the suggestions made to Mr Moorhouse.

It will be better that we should give the clause in Us entirety, as one deeply affecting important ptiblic interests. It reads as follows :—: —

VIII. Whenever any land .within a proclaimed township in the province of Canterbury heretofore has been, or hereafter shall be, withdrawn from any goklficld for the purpose of sale, it shall bo lawful for the Superintendent, upon the recommendation of the Provincial Council, to declare by proclamation in the Provincial Government "Gazette" that any part of such land which shall at the time of such withdrawal, be lawfully occupied and have upon it buildings of the value qf not less than twenty-five pounds shall be offered for sale to the person in lawful occupation of such land at a fixed price, and upon the like recommendation to fix the price at which such land shall be so offered. If such offer be accepted in writing within two months after a notice thereof shall have been published in the Provincial Government " Gazette," it shall be lawful for the Waste Lands Board to sell such land io such person at such fixed price : provided that every such sale shall, except as regards the price, take place upon the conditions" in reference to the sale of Town Lands, prescribed in the Waste Lands Regulations of the snid Province; and if such offer, as aforesaid, be not so accepted within such period, such land shall .bo sold by auction in the ordinary manner prescribed in such regulations, 'and at such upset price as may in each case be determined by the Superintendent and Provincial Council.

The Bill has passed through all its stages in the House "of Representatives, and is not likely to meet with any opposition in the Upper' House, so that it may be assumed to be law.

We are not aware that any copy of the measure thus enacted has, siuce'tho date of its first introduction into the House, been in circulation in this district. Possibly, it may have found its way to the Commissioner's Office, and may be at this moment lying in one of the pigeon holes of that establishment. It happens that its provisions arc not antagonistic to public feeling here. "But the reverse might have been the case ; and we must say, there is some fault somewhere, or copies of a measure so important t© the district would have been transmitted, if not by the General, by the Provincial, Government, both to the editors of the public press and to the members of the Provincial Council. It is unhealthy that legislation of ah important character should be conducted in entire independence of the public opinion of the people whose interests it is directly intended to affect. .We must conclude that Mr Sale was fully possessed of the intention of the government of Mr Moorhouse, to secure the introduction of this eighth clause, and* informed of the course legislation was likely to take on the subject. This is evidenced ,not only by the notice to occupiers to register tfe?jr claims, by the refusal to register the^claiins of the holders of sections " included between lines drawn in continuation of the boundaries of Hamilton, Weld, and Stafford streets/ but by the notice issued within' ths

'last few days, to the effect that the sections on tho beach «idq of Revellstreet " have been extended from. the registered depth of sixty and sixty-six feet to a hundred feet." The object of this is of course to obtain the thirty shillings, instead of the pound per-foot frontage. We object to none of these steps, but cite them simply as evidence that the plans of the Government have been matured ; , and we cannot refrain from expressing regret that the people have been allowed so inh'nitesminal a taste of that " frankness" in- administration, which was one of Mr Moorhouse's most conspicuous promises.