WASTE LANDS BOARD.
—o — The items, as under, which will bo found interesting, we extract from the Daily Times of last meeting of the Board. The Board’s solicitor (Mr R. Stout) forwarded the following opinion re the application of Messrs M'Cormick and Marsh, executors of the late W. U. Ooodall, for sanction of an assignment of the deferred payment certificate No. 318, for lands at Lower Hawea, to Mr John M‘Rac “ Personal occupation by the executors of a deceased licensee is not necessary r-sce my opinion re application from Macraes, also opinion published in Appendix to Votes and Proceedings of Provincial Council, 1874, p. 243. I am not aware of any Saw compelling the Board to sanction an assignment from the executors of a licensee to a purchaser. The purchaser must be presumed to have known the law, and taken his chance of getting the Board's assent. In the case of Macraes, the Board refused its sanction to a similar application, and as the executors may arrange with the purchaser for his occupation in lieu of them ; 1 do not see that he need labor under any hardship. -Judge Harvey’s decision opens up the question of whether a licensee can assign. This was not, so far: s I see, necessary to his decision, and I am of opinion that every licensee must personally occupy his allotment. In this case there does not seem to me to be any harm in the Board sanctioning the assignment, hut 1 imagine that it will be found more advisable to adhere to ths rule already laid down that no assignments will be recognised. Were some of tho dicta of His Honor Judge Harv-oy’s judgment good law, a licensee could practically buy and sell deferred payment lots like ordinary freeholds. Ido not concur in this opinion, and there 'does not seem to me to be any provision-in the Act exactly meeting a case of this nature, and I cannot advise the sanctioning of the transfer.” The Board declined to allow the transfer. Messrs Smith, Anderson, and Co , on behalf ot William Bohning, of Sa. Bathans, mint, applied for coal lease of land m.w s irveyed as block XVI. town of Alexandra, actually leased to Paget and Milne, which Bohning states should bo forfeited for nonpayment of rent and non-working for about two years past. The matter was adjourned for 21 davs ; in tho meantime explanation be requested from the lessees as to the reason the mine has not been worked, and threatening forfeiture of lease unless arrears of rent are at onco paid and terms of lease complied with. Mr Bastings moved—“ That a cordial vote of thanks bo passed to Mr A. C. Strode, for the able manner in which he has presided over the deliberation of the Board since the resignation of Mr J. T. Thomson as Chief Commissioner cf the Board.” Mr Butterworth seconded the motion which was carried. The Chairman, in briefly acknowledging the compliment, said ho hid no doubt that his successor (Mr J. P.. Maitland, who recently received the appointment of Chief Commissioner to the Board) would carry out the duties in an equally satisfactory manner.
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Bibliographic details
Dunstan Times, Issue 769, 12 January 1877, Page 3
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527WASTE LANDS BOARD. Dunstan Times, Issue 769, 12 January 1877, Page 3
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