THE WAIKARAPA TOWN LANDS.

Wellington Independent, Volume XXVI, Issue 3160, 29 March 1871, Page 4

THE WAIKARAPA TOWN LANDS.

TO THE EDITOB OF THE INDBPENDEHT. Sib, — You are awuro thut an act entitled , the " Wairarapa Town Lands Manngoment Act," was passed by the General Assembly the last session. By the 2nd clause it is indicatod thut all tho estate and interost of Mr 0. E. Carter, the first trustee, in the lands doscribod in the schedule thereto shall bo divested, and the same ahull be vested in six trustees, in said act named us joint tenants in fee simple ; and by the third eoction it is directed that the said trustees shall hold the said resurveß so vosted in them, and the rents, isaues, and profits thereof, which they shall manage and deal with in puch manner as shall be Bet forth in any act to be passed by the Superintendent and Provincial Council of Wellington — hence the power to appropriate the funds. Being now possessed of a joint interest in theso lands, I shall be glad to be informed where the power is given in the act to divest me and the other five trustees of any part of the trust, and vest in it others ; and if such power is not given, pot in it me to ask under what authority could Mr Brandon introduce into the Provincial Council Uco bills, one for each township, to deal with this properly separately, and thereby to vest the joint interest of six in twelve persons. Iv a previous session of the Provincial Council a bill was introduced to remove this trust from Mr Carter to tho trustees, elected by tho members of the Small Farm Association, but it was thon shown that no such power exis*.ed in the Council, and I believe I am correct in stating that no such power has been delegated by the act in question ; and if Mr Brandon will take the trouble to poruse the act carefully — which he does not appear to have previously done — he will find that the powers conferred upon the Superintendent aud Provincial Council are — 1. To specify the period for which the trustees are to grunt leases. 2. To validate certain leases or dealings by Mr Carter and other persons— but only so far as the lands in tho schedule of the act are concerned. 3. To define tho purposes for which tho lands shall be held and applied. i 4. To regulate the time for which the trustees in the act appointed and their successors iv office to be elected or appointed, shall hold office as trustees. 5. To regulate the mode of election or appointing new trustees. 6. To reguluto the liability of the trustees and the application of the funds. It appears to me apparent under the fourth clause above that tho General Assembly meant that the six trustees named in that act and their successors— which the act does not authorise Bhail bo twelvo— should, hold office tor a like period of timo whether for one, two, or three years, as shall be determined by the act of the Provincial Council and any departure from tho intentions of tho Legislature would I believe, vitiate any act which might bo passed by tho Council on the subject, and require the aid of Validation Act by the General Assembly to legalize the blunders of the Provincial Solicitor. When the bill was brought into the Legislative Council, after it had been approved by the House of Representatives, it contained a very important clause, which not only established the ownership of the lands, but ulso validated certuin sules of lurid which tho members of the email furm association agreed to sell in 1867) and which Mr Carter as the trustee, did sell and therefore they were not included in the schedule of the bill. ' Thus wo find that through the action of some wise-acre in the Legifclutivo Council tins clause was removed from tho bill and tho ownership of the lands in consequence has been set aside, and the sules not validated ; and I should now bo glad to be informed how tho mode of election of trustees under the uct is to bo conducted, as neither owners or electors are established, nor do I believe thut the Provincial Council can by their act constitute Biich ; as no power appears to be given in the act of the General Assembly on that head. Mr Carter under tho original deed of trust had no power to coll the reserves, and the moneys which have been accumulated from their specifio snles, such us the Telegraph and Post offices, Court House, Town' Hall, Scotch Church, &j, in both townships, are vow in tho bank and cannot for the present be available for educational purposes, nor aro the titles of these properties valid. I observed during tho debute in tho Provincial Council upon the bill a member suggested tho postponement of the second reading for tho purpose of consulting the settlers of Greytown and Mastorton, — a suggestion which would entail further loss of time, without any practicul results, as the people have no alternative but to comply with the act of Assembly. Nor have tho Provincial Council any power whatever to depart from that act, but meroly to pass a regulation act for the guidance of the trustees in accordance with its provisions. However, if it should be necessary to ask for a Validation Act to validate the blunders of the Council, it will also b 8 necessary to procure an Amonded Act to correct tho error of tho Legislative Council, so that it may 4 perhups be well to postpone altogether further action for the present until tho meeting of the Gonoral Assembly, and then to bring a more comprehensive bill before the House — I am, &c, A Tbtotee.