WASTE LANDS BOARD.

Dunstan Times, Issue 538, 9 August 1872, Page 3

WASTE LANDS BOARD.

At Hie usual weekly meeting ot the Waste Lauds Board, held on the 31st ultimo, the following business took place:—“ Messrs. Gillies and Street, fo-Messrs. Boult, Al'Kay, and Co., applied to be allowed to pay for and take up the the saw-mill license recently held by them on Lake Wakatip. Mr. G. F Reid, who had oh a previous occasion applied on behalf of Air. J, G. Paterson for a similar license over the same area now applied for by Messrs. Gillies and Street, opposed their application, and supported hat of Mr. [Paterson. Mr. Reid said that his principal had received a telegram from the Chief Commissioner stating that the bush was open for lease, and that when he (Mr. Reid) subsequently applied for the lease, the Board thought it only fair to Messrs. Boult Al'Kay, and Co., though they had not taken out a lease, to give a month in which they could also make application, and he now asked that the license be granted to Air. Paterson. Messrs. Boult, M'Kay, and Gob’s sawmill was eighteen chains away from the laud applied for by Air. Pabrson, and he asked , that the license which they allowed to lapse be granted to Air. Paterson. It appeared that the license of Boult and M'Kay lapsed in the end of December last. Air. Gillies described this as a case of a neighbor looking with a covetous eye upon the property of bis neighbors, and pouncing down upon it when they get into difficulties. The property was placed under the charge of trustees, who, not knowing all the details of the business, had omitted to renew the license. They were now wiling to take up the license if the Bard allowed them to do so. Air. Hughes considered that if Boult, M'Kay, and Co., had allowed the license to lapse before the property passed from their hands, they were entitled to no consideration ; bat he would do them no injury if the fault oceourrd through the omission of the trustees. Mr. Gillies would point out that, on the other hand, it would be an injustice that the trustees should be deprived of property through the omission of Alessrs Boult and M'Kay, or because a neighbor desired it. The Board could add interest to the license fee or inflict a penalty, but would not surely deprive Mr Boult of his property. Air. Beid remarked he knew that Air. Boult w r as aware last January that his license-feo was then owing, and knew also the effect of it being so. The Chairman; The question for us, as a public Board, to consider is this —What is for the good of the public ; I think the Board understands the merits of the case. Mr. Hughes: Before I give a decision, 1 should like to know whether the fault occurred through the trustees, as alleged by Air Gillies, or with the applicants themselvis, because if I felt assured the applicants had not paid the rent I would have no hesitation in saying they forfeited all consideration. The Chairman : 1 hen • when did the-tniateehs take possession of the property? Air. Gillies replied, saying that the rearon 1 for’non-payment was that it was not known that the term , of the former license had expired. Air. Reid reminded the Board that he was the first to make application. The Chairman : Aly opinion is this : It is little consequence to the Board whether .the trustees did. them duty or not. The license has been forfeited, and the land is now open for application on the 12th of August, 1872, when any individual can tender for the license, Air. alien approved of the Chairman’s remark. The decision recorded was that applications could, as advertised be received on the l'2th of August. Air. W. 0. Ball, for Messrs. Logan and Smith, submitted consent of the runholder to their obtaining a coal lease at the Shepherd’s creek, Bannockburn. This mine, it appeared, had been worked for some time, but no lease bad ever been granted from the Government. Late[y, Air. Logan bought a share for 110/., and found after purchasing that there was no lease. The Chairman : Well, here are transfers actually taking place with Crown lands that are perfectly illegal. We can never get on with our business with the number of them. If the last occupiers could show no lease, what right -had they to sell the ground ? Parties take possession of Crown lands, transfer them, and then come to us to legalise the proceedings. We should have some person sent round these coal mines to see who is in actual possession. Air. Ball stated that Mr. Logan would, if he got the license, pay up the back rents on the mine. No survey it appeared had ever been made, deposit paid, or lease executed, but an application merely had some time back been put in by the last occupier. The Chairman : Then shall we declare that application abandoned, and the coal lease open for application ? Air. Logan ; 1 paid 1101. cash down for it. Mr. Hughes : We should be doing an injustice to Air. Logan. The Chairman : He should have known the law. He should not have purchased from a psrson who had no lease. I really think it would be better in future that the survey fees and deposit should be p: i I before we ontartam any such application for a lease of this sort. Mr. Logan mentioned that a person nomed Laurence “ who had never gut a piek in that ground yet,” was also applying for the area. It was resolved that the appication of MessrsJesse Ally and Co., the former occupiers of the mine, be declared abandoned ; and that the present applicants furnish a survey within two months, and make a deposit of A/, before an application to lease be entertained. T re Chairman, to. Air. Logan ; Yon cannot tade possession till you get your lease If you take possession in the meantime, you render y urself liable to an action by the Crown for damages. With reference to the above, the Daily Times has an article on the subject, which we reprint, and would draw the attention of all interested, which is as follows “Persons purchasing an. interest in coaT mines on Government land, or in saw-mill ' rcas similarly situate, would do we’l to

ascertain that the selling-out occupants have a lease or license in force. Otherwise, they may find themselves—as several parties who have neglected this precaution have lately done—in serious complications; for the Waste Lands Board, which, as a public Board, has only to conserve the public interest, will not take notice of any sum the pureh-ser may pay the seller, however round itwould be,hat wilfejert the purchaser as an intruder, and je-ojJeu the laud for application. placing him oh a level with allcomers. In cases lately brought before the Board, the partied selling out either never had any lesea, or had neglected to renew them. The purchasers, after paying pretty heavily for an interest in leases dr licenses that had never existed, or were not in force came to the Board for a transfer of lease or license. The Board, finding for the first time unleased ground worked, ordered the expulsion of all intruders, in which category sellers and purchasers alike were placed, and declarer! the ground open for application- The want of some local supervision over coal leases has been strongly dwelt upon of late at the Board meetings, and, with good supervision, tlfere would no doubt, be a considerable increase in the revenue derived from these leases.”