MR REYNOLDS’S LECTURE.

Evening Star, Volume VIII, Issue 2490, 8 February 1871, Page 2

MR REYNOLDS’S LECTURE.

Last evening, Mr W. H. Ecjmolds, in : compliance with a generally-expressed desire in the Mornington district, gave a lecture on the “ Land Legislation of Otago,” at the school-room, Mornington. On the motion of Mr Ukk, Mr Attwood was called ,to the chair, who after a few brief remarl? s introduced Mr Reynolds, who spoke as follows :

You are po dojibt aware that I appear before you to-night at the request qf several of yourselves ; and I appreciate the honor you have conferred upon me by inviting me to address you on so important and intricate a subject as the Laud Laws of this Province. In treating on the subject, I will be very brief on the various Land Laws which have preceded that of ISOti. I regret that my time has been so taken up since you requested mo to address you, as to preclude my going so fully into the subject as I would have otherwise done. I must therefore apologise if I come short of what you might expect. To commence then. In terms of the arrangement entered into between the New Zealand Company and the Otago Association, the price of land was fixed at Ll2O 10s for each property which comprised 50 acres of rural laud, 10 of suburban, and j-acre of town, The property thus consisted of 60.J- acres, and the price equal to 40s per acre overhead. This 40s was appropriated thus : 10s, being the cost of the land, to the New Zealand Company; Ids for immigration ; 10s for roads and bridges ; and 5s for

schools. This arrangement was departed from after the granting of the Constitution Act to the Colony. In March, 1855, the Provincial Council, pending the passing of other regulations, proposed resolutions providing for the selection of land upon the issue of a certificate—the selector paying a deposit of IDs per acre, with an obligation on his part to conform to any conditions, as also to pay any additional price which might subsequently be imposed by legislation. In April, 185(5, regulations passed by the Provincial Council, and assented to by the Governor, came into operation. These regulations enabled the Provincial Government to ratify the resolutions of the Council passed in 1855, and provided that the whole lands in the Province (which then included Southland) should be divided into two classes — viz., town and country—town lands being sold by auction, and country lands at 10s per aero : thus giving free selection over all country lands in the Province ; the Government—or rathej- the Waste Land Board issuing merely a certificate of occupation, which was to be exchanged for a Crown grant during the currency of four years, provided the holder of the certificate or his transferee had within the four years expended in improving the land so selected a sum of not less than 40s per acre. These regulations also provided for the issue of licenses for the depasturing of stock outside of Hundreds, on a scale of 6d per head for great cattle, and Id per head for small cattle ; license to cease.overmuch portion of run as might from time to time be declared into Hundreds or sold. Here I must diverge by stating that between the time that the New Zealand Company relinquished their charter and the introduction of the Constitution Act, Sir George Grey, the then Governor, had proclaimed certain Hundreds in Otago. I'll is accounts for provisions being n ade for Hundreds in the regulations I have ju'it referred to. In December, 1856, the Provincial Council passed an Ordinance providing that certain lands to he defined, not egccediug 6 JO, 000 acres, might be sold in blocks of not lose than 2000 acres at 10s per acre, without the improvement conditb ns of 40s outlay on these blocks being complied with ; and further, that no lands outside of Hundreds could be sold without the consent of the license holder—the Governor’s powers bei.-.g reserved to proclaim Hundreds when and where thought expedient, without compensation to licensee. The regulations and Ordinance which I have referred to were ratified by an Act of the Assembly in 1858, but from their receiving the Governor’s assent up to the passing of this Act had been acted upon. In September, 1850, the Governor in terms of his powers, and at the request of the Superintendent and Provincial Council, raised the price of rural lands, by Order in Council, to 20s per acre. In consequence of resolutions passed by the Provincial Council in October, 1808, the General Assembly passed in the December following the Otago Waste Lands Acts Nos. 1 and 2. No. I repealed, the order of September, 1860, also the improvement clauses of the regulations of 1856, viz., that 40] per acre he expended within 4 years on improvements on the land, otherwise the holder of a certificate could not exchange it for a Crown grant. This Act also provided that instead of a certificate of selection the purchaser should at once receive a Crown grant on payment of 20s per acre. Also, that when Hundreds were proclaimed the p lateral lessees were to retain the right of pasturage until Warde s were appointed ; and further, that lands in goldfields, the pastoral licenses of which had been or might be suspended or cancelled, could by proclamation of the Governor be subjected to the provisions of the several Laud Acts, Ordinances, and Peculations for the time being in force, notwithstanding anything in the Goldfields Act to the contrary. The Waste Land Act No. 2, also passed in ISG3, provided that the purchaser of rural land should pay a tax of 2s per acre per annum until he had satisfied the Waste ■ Land Board that he had expended upon improvements a sum equal to 40s an acre, or until he had commuted the tax by a payment of 20s per acre in addition to that already paid. It also provided that purchasers under the regulations of 1856 who had not, within the four years, complied with the obligation entered into to expend 40s per acre in improvemeuts on-their lands could either compound to secure their Crown grant by paying an additional 10a per acre or forfeit onethird of tlieir laud, or come under the Act by paying 2s per acre per annum until they had improved their land to the extent of 40s per acre, I now come to the Otago Waste Land Act, 1860. By it all previous Regulations, Ordinances, and Apts were’ repealed, reserving, however, all rights conferred by them to the the then holders of depasturing or other licencees or leaseholders. The principal provisions of the Act are : Ist. That all rural lands were, to be open for sale at ‘2os per acre, except such as were leased or reserved for leasing or included within any depasturing licence. 2nd. tyhat lands hi Hundreds after having been proclaimed* for seven years or over might he sold by auction at an upset price of 10 s per ao o. 3rd. That holders of depasturing licenses might within six months afeer the Act came into operation exchange their licenses for leases for ten years beyond the unexpired term of their license, paying by way of rental 3s 6d per head for great cattle and 7d for small cattle, the carrying capacity of the runs to be assessed by the Government. The Superintendent had the power however to refuse within six months of the passing of the Act to grant any leases for pastoral purposes -which he deemed it inexpedient to grant. 4th. The Governo’s rights were reserved to proclaim Hundreds, but the lessee was entitled to compensation for improvements to an extent not exceeding three years’ rental.

stli. No land could lie sold op. any rim without consent of lessee.

Oth. The Superintendent was empowered to authorise the Waste Land Board to r fuse to grant leases for pastoral purposes of any lands which he might deem it inexpedient to lease.

7tb. That within Hundreds purchasers are to elect wardens from among themselves, who fix the number of sheep or cattle each owner of land is entitled to depasture. The rate of assessment being not less than 2s (id for great and fid for small cattle, nor more than 5s and Is respectively. This assessment is payable to the wardens, and at their disposal to be expended in their district. Sth. The Act also provided that it should not affect any Goldfields Act, either pad or future. Such are the main provisions of the Waste Lands Act, 18(1(1, but as there is such a close connection between it and the Goldfields Act, 1800, I trust I may be excused by also

referring to it. By it all previous Goldfields Acts are repealed, and provision is made whereby the licensee or lessee in goldfields was secured unlimited compensation for the cancellation or suspension of his licence or lease, such compensation to be paid out of the revenues of the Province. If the runholder and the Government cannot agree as to the amount of compensation to be paid then each has to appoint an arbiter, and these arbiters are required to appoint an umpire. The duty of these three gentlemen then is to award compensation not only for the portion of the run to be cancelled, but also to the extent which they consider the rest of the run may be deteriorated or affected. Then the Government have no power to set apart for agricultural leases in any one run more than 5,000 acres, and these must not be taken out in more than two blocks. Then again on the selection or setting apart of any such block or blocks, the licensee can insist upon being paid compensation either for the block or blocks so selected or set apart, or for the whole lauds comprised under his licens or lease. In May, 1869, the Provincial Council passed certain resolutions with a view to amend the Waste Lauds Act, 1836. These resolutions were embodied in a Bill introduced into the Assembly, and passed as the Waste Lands Act Amendment Act, 18ii9. It merely makes provision for regulating the pasturage of stock in Hundreds, and fixes the assessment at 3s 6d per annum per head for great cattle and 7d for small cattle ; such assessment to be Provincial revenue, and to be appropriated by Council instead of by Wardens of Hundreds. In the same session the Hundreds Regulation Act, 1869, was introduced and passed. By it power is taken by the Governor to proclaim Hundreds either within or outside of goldfields on certain defined principles. These are—

Ist. That no Hundred shall be proclaimed unless half at least is agricultural land.

2nd. That no Hundred shall exceed 15,000 acres. 3rd, That at the request of the Superintendent for the proclamation of a Hundred, the Governor shall appoint officers who, in terms of the A ct, are to inquire into the circumstances which may render the proclamation of a Hundred desirable ; and upon their report the Governor may proclaim the Hundred in question. 4th. Lessee both within and outside of goldfields becomes entitled to compensation for loss of such portion of his run as may be taken for Hundreds, but not exceeding 2s Gd per acre ; and is further entitled to full compensation for improvements in respect of land ploughed up or dra’vied, or sown down in English grass ; also for fences. sth. In the event of the Waste Land Board and the lessee not coming to an agree* ment as to the amount of compensation to be paid, the same to he fixed by three ar* biters, to be appointel b tin Governor, and who may award, in addition to the compensar tion for' loss of country and improvements, such sum as they may deem fair and reasonable on accpnnt of costs, charges, and expenses he may have incurred in connection with the arbitration.

6th. The leaseholder, if he considers that by being deprived of the portion of his run proposed to lie taken for a Hundred the rest is rendered valuless to him, may then surrender his whole lease, in which case the arbiters are required to give their award for loss of country'to the extent of, not exceeding, Is 6d, instead of 2s 6d per acre. 7th. After the award is made, the Superintendent has thou the power to abandon the proclamation of sqcb Hundred cm payment to leaseholder the coats awarded him for expenses of arbitration. Sth. The Act also legalises the convenants entered into under the Waste Lmuls Act, 1866, and provides that the assessment op stock within all Hundreds shall be Provincial revenue.

This Act is partly superseded hy the Hundreds Regulation Amendment Act, 1870, which was introduced into the Assembly at the ro quest of the Provincial Council, who, in December ISfifi, passed certain resplutltms regarding it. Act ( IS7*\ makes the following amendments hi the Act; of 1860, vi?..-—That instead of half of the proposed Hundred being required to consist of agricultural land, the minnimum is reduced to one third, and that no Hundred shall exceed 20,000 instead of 10,000 acres. And again that no compensation is to be paid for any improvements other than fences. The Amendment Act, 1870, also gives the lessee a pre-emptive right of 640 acres to b? selected in ope block, either by purchase agricultural leasg. ' " It also gives power tq the Superintendent, if he sees fit, to grant leases to licensees who did not come under the Waste Land Act, 1860, upon their pay. ing all arrears of assessments. Having thus given a summary of the various Laud Regulation«, Ordinances, and Acts, from the foundation of the settlement up to the present time, I shall now, with your permisision, offer a fqw remarks indicative of u t y own opinion of the existing Laud Law of the Province, and in doing so, I will abstain from suggesting any alt rations for future legislation. These alterations will very much depend in their nature, upon the representatives returned by the Province to the General Assembly and Provincial Conn, oil. I may here state that I consider every alteration or amendment that has been made since 1856 up to, and including that of 1866, has tended to retard settlement. I will not say that J. can exonerate myself for some of these amendments and alterations that have been made sinoc 1850; still I can say that as far as I could exert my influence, it has been against most of the fundamental alterations. From my past remarks, it will be seen that the present Land Laws of the Province are comprised in the Otago Waste Lands Act 1866, the Goldliclds Act, 1866, and the Hundreds Regulation Acts, 1869 and 1870. J lir v vc already shown the hearing which thq Goldfields Act has upon our Land Acts, they in fact cannot be taken separately. Within the goldfields there is fully two-thirds of the Province, as against one-third outside of the goldfields Uuder the Goldfields Act, 1866, a 1 lessees were entitled to full compensation for any lands taken from them for settlement, and tliat compensation to be awarded on tHc worst possible priuciple—viz , by the runh old or appointing one arbiter and the Government another : these two arbiters become advocates —the one seeking to obtain as high a compensation as p- ssiblc for bis principal, the nmholder ; while, on the other hj ind, the Government arbiter would try to keep down any excessive compensation. If they disagreed on the amount to be pai 1, the question was then left to be settled by the umpire : the Government always, as a rule, would come off second host. It is my firm conviction that, but for the passing of the Hundreds Regulation Act, 1860, land for

settlement would not have been acquired on the Goldfields, as the rate of compensation which would have been awarded by this tune would have amounted to such a sum as would have prevented the Council from voting t le necessary funds. Now, under the Hundreds Regulation Acts it is limited to 2s Gd or Is Gd per* acre, and the award is to be ascertained and made by three arbiters appointed by the Governor—gentlemen who, it may naturally be supposed, will be selected for their fitness and integrity, and who would not give a higher compensation than what they deemed fair and reasonable. 1 have already stated that the Province may be divided into two classes of land—that within the goldfields, which is about two thirds ; and that outside of the goldfields, which is about one third. Supposing, then, that settlement was to take place in each in proportion to its area, we would require to provide two acres in goldliilds for one outside. The compensation I will estimate for land in the goldfields at 5s per acre—which, I believe, but for the Hundreds Regulation Acts, might be considered below the mark ; and that outside of the goldfields at three years’ rental, or about 7.U1 per acre. Thus for the three acres we have a sura of 10s 74d, which, divided by three, gives an average of 3s 7d per acre as against the maximum that can now be paid, 2a 6d per acre. I have been astonished to perceive so much ignorance displayed, either wilfully or otherwise, about the working of the Hundreds Regulation Acts; and, among other objections to the Act of 1869, I have heard it condemned because it provided for compensation being paid for fencing for land ploughed up or drained, or sown down in English grays. Now, for my own part, I would be delighted if the runholders had taken advantage of this proviso while the Act was in operation, inasmuch as they could not carry out these improvements without employing labor to a much larger extent than they do at present. Then again they would be improving tlie provincial estate, inasmuch as if they ploughed np their runs and sowed them down in English grass, the chances are that instead of feeding one sheep on two and a-half acres, they would be able to feed five sheep to the acre, and as the ruuholdcr pays a sheep and not an acreage assessment, it follows that the Pro vineo would receive for the two and a-half acres somewhere about 7s 3Jd instead of 7d. 1 f for every 7d now paid the Province received 7s 3'd, surely the Government could afford, not only to pay the full compensation for improvements, but also give the land away for settlement as required for nothing. Another objection that has been most carefully circulated, is that at the end of the leases the compensation will be so great, that the Government will not be able to pay it, and that therefore the ruuholdcr will retain his run in perpetuity. In reply to this statement, I have only to assert that the present Land Laws do not provide for such payments in the way of compensation on the expiry of the leases. Prior to the passing of the Waste Lands and the Goldfields Aets, 1860, the pastoral tenents only paid by way of assessment on stock L 4.945; whereas in consequcnee of the passing of these Acts the assessment amounted last year to the handsome sum of L 52,698. Can we, therefore, fairly grudge the runhol'er a fair compensation if he is required to gi e up his run to the Crown? Now what W(uld this compensation amount to per annun , taken even at the most liberal scale? Supposing we sold 120,000 acres of land pev annum, the compensation a| the piaximum limit coqld not pxcepd lAS, OUl), out of a revenue frqm the pastoral tenents of the Crown of LfiO 000 per annum. Ido most earnestly trust that the representatives of the Province will pause ere they drive away or rum the pastoral tenents of the Crowe,, inasmuch as their runs will le ours also. No man is worthy of being a representative of the people who does not feel the responsibility resting upon him to secure as far as in him lies the interest of every class in the community, whether it be the ruv.hohlmg, the farming, the mipipgj mercantile, the tradesmen, op tl\e lahflrcv. - At the close of the meeting Messrs Stout and Sievwmht naked a number of questions, the replies to which protracted the meeting to a grp it length. , , . " A vote of thanks to the lecturer brought the proceedings to a close.