Cromwell Argus. AND NORTHERN GOLD-FIELDS GAZETTE. Cromwell: Tuesday, November 25, 1873.

Cromwell Argus, Volume V, Issue 211, 25 November 1873, Page 4

Cromwell Argus. AND NORTHERN GOLD-FIELDS GAZETTE. Cromwell: Tuesday, November 25, 1873.

In accordance with our promise lately, unci with a view to pursuing 'the subject to a more satisfactory iwrtie, so far as the people are concerned, we shall now endeavour to set forth an analysis of the law by which the runholrler exercises his rights over the country in his possession. We have endeavoured to do so without prejudice on the one side or the other, and without, at this time, any comment of our own. By the Otago Waste Lands Act 1866, a radical change was effected in the runholders' rights in this Province. Under this Act leases (long coveted) were issued to the former licensees on application in nearly every case, —the result being, that the runholders obtained a comparative certainty of tenure for terms varying fromten to sixteen years. The form of lease is very simple, and the requirements of the lease are only to be found in the Act itself. These requirements are re-enacted by the Otago Waste Lands Act 1872, which now contains law upon this subject. These are : That the lessee, for the purpose of the ascertainment jf rent, and also indirectly for statistical purposes, shall furnish annually in September a return of all great and small cattle under his charge, verified by declaration, with penalties providing against fraud by misstatement or removal; that the rent of seven pence per head for sheep, and three shillings and sixpence per head for cattle, shall be paid in advance, the first fortnight of each October, with power of distress, so that in the event of the run being understocked, the Board may direct that tho carrying capacity shall be ascertained by assessors, whose finding shall be binding on lessee ; that in case the lessee objects to continue to occupy under such finding, he shall give notice thereof to the Waste Lands Board, and at the expiration of twelve months the lease shall be deemed to be forfeited, and in the event of a notice of such forfeiture, any time after the twelve months has expired, being published in the Otago Gazette, if the lessee continue in possession he shall be liable to be proceeded against as an unlicensed occupier of Crown lands ; that in case of forfeiture the lessee shall be entitled to compensation for improvements, to be paid by the succeeding

tenant, but that there shall not exist any (shim against the Government or the Board. When the terra expires, fresh leases may be offered for sale by auction, if the Superintendent approves ; but it must first be determined whether it is expedient to lease for the same purpose all or any part of the lands, and this determination must be arrived at more than twelve months before the expiring of the then existing lease. Tt is provided that leases may be transferred with the sanction of the Board, and they are liable to forfeiture for nonpayment of rent. The Governor, upon the recommendation of the Superintendent and the Provincial Council, may, upon petition stating that within a circle of five miles in diameter not fewer than fifty adults have settled, who are occupying not less than 5000 acres and have made improvements not less than ,£IOOO in value, proclaim a hundred not exceeding six times the area of the settled block; but one-third at least of this must be available for agriculture. In such event, the lease determines that the lessee is entitled to compensation for improvements, and the first offer *to purchase a lot not exceeding eighty acres on which his homestead is erected.. Subject to what we have already stated, no lands can be taken from the lessee without his consent. The rights and privileges conferred on the miner, by the Gold-fields Act 1866,. do not appear to be impaired in any way, (although it is doubtful if he ever really had any,) as the Impounding Ordinance of 1872 does not provide any scale of charges for impounding off lands other than lands fenced in accordance with the provisions' of the : Fencing Ordinance 1872. The runholder is precluded from charging damages for trespass, and has no remedy therefor save that provided by the 15th section of the Gold-fields -\ct, —viz., ■ .suing for the amount in Court. The Governor has power at any time to cancel or suspend any depasturing lease as regards the whole or any part of the runcomprised therein, in which event the lessee can claim compensation. Every holder of a run out-, side of'a Gold-field may purchase 640 acres freehold,'and within a Gold-field may obtain the same quantity of land : on the terms and conditions on which Gold-fields agricultural leases are granted : and if after three years the lessee "pi'tvei that the land is not, auriferous.'he is entitled to purchase the freehold at'2os.. per'>acre.