THE LAND ACT.

Dunstan Times, Issue 1037, 23 December 1881, Page 3

THE LAND ACT.

The DmWin “ Star,” a paper which may e considered as in opposition to Mr Tyke, has the fo lowing The “ (bago Daily I'ioiea ” is much exercised over a letler wiitten hy Mr VV. Fraser of E irnacleugh, to The Dunstax Times during the heat of the late election contest, in which that gentleman strives to slow that there is really no such thing as a me-emptive right under the Land Act, 1877. and that”an ahnost universal de : u-inn exists on the subjeet, especially exen p ified i„ the recent preliminary notice ns to the disposal of the runs issued by the Minister of hands. It is quite true that the Board * 1 may refuse ” to rrceivo any application from a licensee for any land supposed to be auriferous, nr to contain any mineral nr me‘al, or likely to he r. qui-ed for any public purpose, and that they have power to refuse an application after hj has been provisionally grained, and the survey has been made, in the event of circumstances coming to their knowledge which would render it inexpedient that such land should he alienate!. But it is evident from the whole tenor of this portion of tho Act that the discretion of the Board herein is not aridtrary. Unless there exist such good and valid reasons to the contrary, as above seated, the Board are not only hound under the terms of the Act to grant tho application, hut if we mistake not, the pre emptive right has always been in due accordance with the law —o :e of the conditions on the part of the Crown in all original hcensrs issue 1. Mr Fiuser’s letler was evidently an electioneering device, an.l v/e certainly should not have uotiped it had not our contemporary given the statement therein such prominence. The-. very wdfding of section 131 makes it clear that there, is an obligation....: the Board to l W rn,it, the original holder of ajjaptoral license, to apply foraiH purchase in one. block an, aljojmentof land 1 not exceeding 320 acres for'emnain specific par,sises '• It .shall be,,lawful for the l Board is mandatory, not declaratory, ami so in regard to this matter it has always been interpreted. The only alternative so to sprat;, -Which the Boa'rd r.ally have is in fixing the price of the land included in any application for the exercise of a preemptive right. r