PUBLIC RESERVES.

West Coast Times, Issue 335, 19 October 1866, Page 2

PUBLIC RESERVES.

(TO THE EDITOR OF THE WEST COAST TIMES.)

Sir — In consequence of the tardy action of the Government officials at Christchurch, and of the zealous and energetic activity of the officials here, I am constrained to bring under your, notice certain proceedings taken in reference to some of the Reserves in town, and to request for my letter a place in your next issue.

That the Government should have power to reserve from occupation or sale, such portions of the Public Lands as they may think necessary for streets, roads, or other public purposes, seems an arrangement so essential to the comfort and welfare o f ' the community, that, I think, few persons will be inclined to object to the policy which gives Buch power to the Executive, although, doubtless, many will be found who will not energetically protest against the manner in which the law is being carried out in Hokitika.

If a private landowner issued authority to an individual to occupy a portion of lus land, at a fixed rent, with a right of purchase at any time during the continuance of, or on tho termination of, the lease, such an agreement would absolutely debar the laudlord from resuming possession, so long as the "tenant paid his rent; and would render it imperative on the landlord to sell to the tenant, on receiving a tender of the stipulated price. The same first principles of justice upon which the above example of the common law is based lead to the conclusion that : — A tenant ( of the Crown, occupying land with a pre-emptive right of purchase, cannot be justly turneJ off the 'and, so long as he paya his rent, and offers to pay the price of the land. A person occupying a business site, under a business license, is virtually a tenant of the Crown, with pre-emptive right of purchase. c That this is the scope of the law may be gathered from the Goldfields Regulations ; from the action which the Warden takes in protecting a lawful occupant from the encroachments or interference of his neighbor ; and from the measures which are adopted to secure compensation for improvements to the 'owners thereof, at a Government land sale.

In the steps which they take to secure compensation for improvements on business sites, the Government tacitly recognise the right to compensation possessed by the lawful occupant of a business site, and that, consequently, all that is requisite to give an occupant a clear title to compensation, on being compelled to relinquish his improvements — either by tho lot being bought "over his head," or by its being reolaimed from him «by the Government — is to shew that he is in lawful possession.

Presuming that these premises are correct, we have here obtained a key by which to unlock, all the difficulties of the vexed questions affecting the reserves, and I shall first "apply it to expose certain cases which demand immediate notice.

It is a notorious fact that the plan of the town has been altered more than once, so that persons who lawfully took up business sites on surveyed building allotments under the old plan, now find their improvements existing on what are delineated as reserves on new plan ; for example, the business sites in Revell street, situated at the end of Hamilton street and Weld street respectively, and those sites fronting on Weld street, forming part of the block delineated on the pieseut map as section 411.

Under the authority of the original survey and the old plan, the whole of these business sites in Weld street were take" possession of and built upon by persons holding business licenses, and the occupant 3 were for some time recognised as holding lawful and undisputed possession. But a few months ago the lands so occupied were declared a reserve , and on the claims of the occupants being brought under the notice of Mr, Moorhouse, on the occasion of his last visit here, that gentleman promised to appoint a commission to investigate the subject. No such investigation has yet been vouchsafed ; but recently a copy of the following circular was received by tho several occupants : — " Commissioner's Office " Hokitika, 19th September, 1866.

" Sib — I have the honor to inform you that reserve No. 441 is required for immediate use by the G-overument, and have therefore to request that you will cause such building or other property as is situated theveon and owned by you to be removed from off the reserve before Thursday, the 25th proximo ; failing which the polie3 will receiv* instructions to clear it away. " I have the honor to be Sir, " Your obedient servant, " a. S. Same, " Commissioner. " To Mr Jenkins." Now, whjle admitting that the Government, have power to resume possession >f the land in question, notwithstanding the lawful occupation by the several owners of improvements thereon, I contend that, both iv law and equtiy, the improvements ought to be valued, and compensation granted to the owners, and that - the Government should use as much diligence to secure oompensation to these men, even although the amount must come out of the public purse, as they did 'n securing compensation to the owners of improvements out of the private purses of the lieges at the last laud sale.

A stranger to the circumstances of »he case, on reading the above circular, would naturally conclude that Reserve 441, had always been a reserve^ consequently that Mr Jenkins was an unlawful trespasser, and that he deserved no better treatment than that the police should turn him and his off the ground and drag him, to prison, if* he darest to resist their authority : I say such would be the natural conclusion of a stranger to the circumstances, and it would never once be suggested to his mind, that the inference that he drew was false.

I have called special attention to the caso of Mr Jenkins and his neighbors, because next Thursday these citizens, who are as honest, peaceful, and law abiding, as any in ou*

midst, may be unjustly and ruthlessly deprived of their property. But these are not the only persons who have a grievance of the same kind to contend with ; the occupiers of the sites at the end of Hamilton and Weld streets, took up authoritatively recognised business sections, and consequently, have also a just claim for compensation, should their buildings be removed in accordance with the presently expressed determination of the Government. But their claims are not likely to receive any more favorable consideration at the hands of theExecutive,'than the claims of persons in Wold street ; and it behoves them to consider whether it is not their duty to make common cause with their neighbors, in order to obtain justice to all parties. Further, the same power which enabled the Q-overnment to proclaim the sections -mentioned public reserves, may be used to declare any or every portion of the " triangle" a reserve, and to clear off all the buildings erected thereon ; and although such action will not likely be attempted, because of the noise it would make, it is desirable that a final stop should be put to such unjust proceedings in the same direction, not only for the sake of the residents in Hokitika, but also for the sake of the persons who are spending money in the erection of buildings in the various townships of the West Coast. I also commend,the subject to the serious and immediate consideration of the Town Council, and venture to suggest the propriety of tht ir taking steps to try and stay the action threatened by Mr Sale, pending the investigations by the commission promised by the' S uperintendent.

I am, &c,