THE Evening Star. MONDAY, OCTOBER 4, 1869.

Evening Star, Volume VII, Issue 2001, 4 October 1869, Page 2

THE Evening Star. MONDAY, OCTOBER 4, 1869.

The next question to which the Commissioners on the Administration of Crown Lands directed their attention was an objection raised against the sale of land in Hundreds at ten shillings per acre. The objection is stated as follows : “ under which the Act authorised the “ sales of land had not been complied 11 with in all cases, and that they were “ therefore illegal .” This allegation of illegality was based upon the assumption that many of the lands sold had not been open for sale for seven years, according to the requirements of the 35th clause of the Otago Waste Lands Act, 1866. The words of the Act are “ Provided always, that after the lands “ within any hundred either already “ proclaimed or which shall be heret( after proclaimed under the provisions

“ of this Act shall have remained open “ for selection and sale for the full j u period of seven years from the time j “ of the same having been first open “ for selection and sale the portion j “ thereof remaining unsold after such “ period of seven years may with the “ sanction of the Superintendent and “ Provincial Council, be offered for “ sale by public auction to all bidders “ at the upset price of ten shillings per u acre upon terms and under the pro- “ visions contained in sections fifty-six, “ fifty-seven, fifty-eight and fifty-nine of “ this Act.” The Commissioners found that the notion of illeyaliti/ was based upon the action of Major Richardson when Superintendent, who, in conjunction with the Waste Land Board, “adopted the policy and practice of “ withholding from sale all lands within “ Hundreds until, by distinct resolution, “ they should declare them open for “ selection and sale, and of notifying “ their being so open by express words “ upon the authorised plan of the Hun- “ dred in the Survey Office.” It will be seen, then, that the points to be decided were—When did those lands become open for selection and sale] and whether they remained open for those purposes for some years. In dealing with this question, the Commissioners found it necessary to consider the various Acts passed for the regulation of the sale of Crown lands. They lay it down as an undeniable proposition “ that land in a Hundred had “ always, under all land regulations, “ been open for sale.” This opinion is based upon the Colonial regulations of March, 1853, in which a distinction is drawn between the mode of selling land within and outside of Hundreds. “In “ the regulations of Otago, of 1856,” the Commissioners observe, “no such “ express mention is made; but as “ there is no exception of Hundreds, “ and none was ever intended, the

“ general regulations for sale included « them.” It is in this part of the report that a term is usedthat has been much commented upon by some journals through its having been adopted by some members of the House of Representatives in reference to pastoral runs. The Commissioners say, that “ indefeasible pos- “ session ” was given of “ the leased “ lands by the prohibition by The “ Land Sales and Leases Ordinance, “ 1856.” This en passant. It is apparent without much reflection that the legality or illegality of the sale of Avaste lands within Hundreds at ten shillings an acre depended upon the date when they became open “for selection “ and sale.” The natural conclusion would be that that Avould date from the time of proclamation of the Hundreds. Evidence Avas, therefore, taken on that point. Mr J. T. Thomson, Chief Commissioner of Waste Lands Boaid, supplied the necessary information, and shoAved that land had been sold Avithin Hundreds in 1867 and 1868, at the upset price of 10s an acre in Dunedin, East and West Taieri, North and South Tokomairiro, East and West Clutha and Waihola, the proclamation of Avhich dated May 26, 1856 ; in Oamaru, Otepopo, Moeraki and Waikouaiti, Avhich Avere proclaimed in 1860 and 1861. Mr Charles Smith, Clerk of the Provincial Council, supplied copies of the resolutions of the Council, under date Dec. 4, 1866, and June 9, 1868, authorising the sale of the lands, and had there been no interference Avith the customary course of events, the legality of the sales could not have been open to doubt. But the 18th section of the Waste Lands regulations of 1856 gave power to the Superintendent, conjointly Avith the Waste Land Board, “ to refuse to grant the application of “ any person for any land, if it shall “ appear to the Board that the sale of “ such land Avould be injurious to the “ public interests.” Acting upon Avhat seems to be a strained interpretation of the pOAver thus given, the Honorable Major Richardson, conjointly Avith the Waste Land Board, “ Avithheld from “ sale” part of the land comprised in the A r arious Hundreds mentioned. It does not appear on Avhat ground this withdraAval was based. In his evidence the Major specifically mentions only Pomahaka, and gives his opinion that although the lands were declared Hundreds in 1856, they Avere not open for “ selection and sale” for the full period of seven years, as the “ Board decided that only surveyed lands should be “ open for application,” and tho date on survey maps proved that that period had not expired. His Honor the Superintendent very shreAvdly observes, on this evidence, that the resolution of the Provincial Council, thus condemned by the Major as illegal, Avas signed by him as Speaker of the Council. The Provincial Solicitor, on being applied to previously to the sale of unsold lands in the Hundreds of Oamaru, Otepopo, Moeraki, HaAvksbury, and Waikouaiti, under date July 31, 1868, gave it as his opinion that they were open for selection and sale “ from the “ date of the proclamation of the Hun- “ dred.” The Commissioners, Avith this conflicting evidence before them, Aveighcd the pros and cons thus : — “ It “ Avas then, Avith reason, contended

that the declaration of tho Hundreds

“ was actually throwing them open for “ selection and sale. But how can it | “ lie maintained that they had ‘ re- “ ‘ mained thus open the full period of “ £ seven years’ (tho words of the Act), “when a Superintendent and Waste “ Lands Board had actually, during a ££ considerable portion of the seven “ years, withheld them from sale 1 It “ is argued that the withholding from “ sale was in itself illegal, and an “ assumption by the then Superinten- £< dent of a power not given by the “ regulations of 185 G. But this ap- “ pears to be at least very doubtful, “ when Cue general character of the “ words of the 18th section, above “ quoted, is taken into consideration.” We imagine few will coincide with the conclusion at which the Commissioners arrive when they say —“ To the Com- ££ missioners it appears that the Act “ had not been complied with.” Mr Reynoids, one of the Commissioners, dissented from this conclusion, and in a memorandum appended to the report says i— £C 1 respectfully submit that the “ Provincial Government of Otago have “ acted in strict conformity with 1 Tho ££ £ Otago Wasto Lands Act, 1866’ — “ 1. In the sale of land by auction <£ within Hundreds at the upset price “ of ten shillings per acre, such sale “ having been effected under a resolu- ££ tion of the Provincial Council, in “ conformity with the existing law.”