MR. SHAND'S TRAQUAIR APPLICATION.

New Zealand Tablet, Volume I, Issue 25, 18 October 1873, Page 9

MR. SHAND'S TRAQUAIR APPLICATION.

Mb J. H. Harris appeared in support of Mr James Sliand's application to purchase 3270 acres, being part of tho Traquair Hundred. ,Mr Harris stated that by the operation of the Otago Hundreds Proclamations Validations Act, 1873, which had just been passed by the General Assembly, the land in the Stuart and Traquair Hundreds was now thrown open for application. Mr Shand's former application for this land was lodged on the previous day, and 10 per cent, on the upset price was lodged. He therefore submitted that his client being the first applicant, must, according to law, be declared the purchaser. The Chairman pointed out that a great many applications for land in the Traquiiir Hundred had been mud* and rufused. A Valid- . ation Act had been passed, and the public had been t;iken by surprise. They had not not a copy of the Act, and they did not know its tenor, but it was to be hoped it fairly considered the public, and would not give uny single individual an advantage over others. He thought the. Board had power, with the consent of the Superintendent, to withdraw any lands from sale up to a certain date. Mr Harris remarked, with reference to the objections raised by the Chairman, that it was not for the Board to consider what was right and propet ; it was for them to act according to law. The question to be considered was whether the Validation Act referred to was in operation, and whether it was in operation on the previous day. If that were the case, he contended that his client's application must take precedence above any other, and it was not for the Board to consider what was for the public interest when it was a question of law that was involved. The Chairman submitted a motion to the effect " that the Board, with the consent of the Superintendent, reserve and withdraw thist land from sale, until properly advertised." Mr Strode approved of the intention of the motion, but was afraid that such a decision would get the Board into a difficulty. Ignorance of the new Act would be no excuse for the Board, and he would hesitate before giving a vote that would involve them in a lawsuit. Mr Clark also thought that the course proposed by the motion was a desirable one, but he did not believe they had the power- to adopt it. The motion was put to the vote, the Chairman and Messrs Batter worth and Reid voting in favour of it and Messrs Bastings, Clar-

and Strode against it. The Chairman then pave bia casting vote in favor of the motion, and the following minute vms recorded : — " Resolved, that the Board, with the consent of the Superintendent, reserve and withdraw the land in the Traquair and Stuart Hundreds as being prejudicial to the public interest, until the same is published as open for application for one month iv the Provincial Government Gazette. Application refused."