WASTE LAND BOARD.

Evening Star, Issue 3841, 16 June 1875, Page 2

WASTE LAND BOARD.

The weekly meeting of the Board was held to-day; present The Chief Commie doner, Messrs Bastings, Clark, Reid, and Strode. Messrs H. L. Squires, D. Ross, and Herbei t and M'Kinlay applied, per He ars Oonne'.l and Moodie, for the decision of the Board on their applications for land situated in Table Hill and Waitahuna Bast. It was at first decided to grant Mr Squires’s application, but after discussion it was resolved that the various sections applied for be advertised as open for sale for thirty days before granting any of the applications. Mr T. Everitt, per Mr Connell, applied to Purchase or lease section 50, block 6, Oamaru. Lent to be claimed, and if not paid lease to be terminated.

Mr Connell, for Mr J. F. Herbert and Mr Joseph Clarke, inquired if the advertisement in the Gazette ’ of the 9th inst., re Heriot Hundred, is intended as an intimation of the opening of the land there referred to for sale within the meaning of section 3 of the Otago Waste Lands Administration Act of 1874 j if so that the form of the advertisement may be so altered as to comply with the express provisions of the said section. Mr Connell said the Board had originally offeied a part of the same Hundred for sale at 20s per aore, and obtained only one applicant j now they notified that another part oj it was open at 40a per acre—double the puce, notwithstanding that the land in the latter instance was of inferior quality. Secof the Act made it essential that the intention to open lands in undreds should be notified thirty days previous, which had not been done in this case; and therefore Mr Con • nell submitted that until the provisions of the section were complied with the land could not be legally open. With - regard to the policy of the Government in throwing open these lands, Mr Connell remarked incidentally that it was ruination to the pastoral lessees.” — Mr Reid said that in the advertisement the land was spoken of as “of special value j” and having thus been declared by the Board it.was withdrawn from the provisions of section 3 and came under section 83.0f the Act. -Mr Connell : I don’t see that section 85 can touch it. I may say that my clients have obtained legal advice from two of the most eminent barristers m Dunedin.- Mr Reid: You’ve any amount of lawyers, l’v e no doubt. Mr Strode ; The proviso attached to section 3 clearly refers to the fust paragraph of that section; so if we act by the first part we must act by the second part aLo, It is a point of law, —Mr Reid: Let us have a legal opinion on the matter; Mr Connell is always wanting legal opinions. It was decided that a case be submitted to the Judge of the Supreme Court. Hanger Hughan reported on Mr W. Dairy mple’s application for bush reserve section 36, block 5, Otakia. To be reserved. Messrs Herbert and Co. asked that a Crown grant be issued to them of section 2, block 1, Crookston, they having paid up rent to 17s 6d per acre. Application granted. Mr T. Portanfield applied for a license to Sy Portobello Point under clause 161. Re-

Mr H. P. Campion wrote asking that the amount due to him by the Government be considered as part payment for section 43, block 7, Waikaka. Read. Mr R. Short applied for six mouths’ extension of time to prospect his slat*) mining area on run 217. Granted. Ranger Valpy reported on the improvements made by lessees and licensees on deferred payment blocks at Dunback, Highley, and Rook and Pillar. Read, Mr J. Stewart asked to abandon section 5, block 4, Kunwao, taken on deferred payment. Approved. Ranger Valpy reported on Mr Mann’s application for a mill site of twenty acres on section 64, block 8, Maungatua. To be sold as land of special value ; upset price, L2 2s per acre. Ranger Valpy reported on application for section 31, bush reserve, and section 46, quarry reserve, block 1, Maungatua. Reserve to be maintained, ,

Ranger Bolton asked further instructions as to issuing timber licenses to persons holding busa lands under miners’ rights. It was decided that miners’ rights do not give the privilege to ent timber. Actual miners may, however, use the timber in their mining claims. Ranger Valpy reported on Mr W. Percival’s application for section 67, block 1, Waikouaiti. He also recommended that no bush lauds north of the Taieri be dispose 1 of without being advertised for sale. The land applied for by Mr Percival to be retained as a reserve, Mr Connell, for Mr T, F. Herbert and Mr Joseph ClariL asked whether they may take the advertisement in the ‘Gazette’ of June 2, re 7.000 acres in Heriot Hundred, as amounting to an opening of the land there referred to for sale within the meaning of section 3 of the Otago Waste Lands Administration Act of 1874, the proclamation of the Superintendent referring to the said lands contained in the ‘ Gazette ’ of May 19 being void and nugatory, owing to the area allowed by law to be dealt with under section 47 of the Otago Waste Landis Act of 1872 having been considerably exceeded. Mr Connell said that section 3of the Act enabled the Superintendent to come down and take a district or block of land with the option of dealing with it in tw© ways, viz., by issuing leases or licenses or on deferred payments ; or by leasing or licensing a part and disposing' of other parts for immediate payments. His power was, however, limited to 30.000 acres in each year, whereas Mr Connell found on looking through the ‘Gazette’ that since January of the present year upwards of 100.000 acres had been so thrown open—in that of June 2 alone '34,000 acres being advertised. The effect of this system would be that the Hundreds would be practically withdrawn from the Colony, and that people wishing 1.000 acres to settle on would not be able to obtain more than 200 or 300 in one spot. Mr Connell argued that as the Government had exceeded its powers by declaring open more than 32,000 acres this year, therefore the proclamation was illegal, and, consequently, void and nugatory.—Mr Reid: If the proclamation was ultra vires this is not the place to discuss it. There is a proper place in which to do that. I have completely lost the thread of Mr Connell’s argument what does he mean ? I am quite benighted. Mr Strode: The Superintendent has exceeded his powers and has so converted a Hundred into a district under the Act.—Mr Reid : I really don’t see what Mr Connell wants.—Mr Connell: Mr Reid has been walking wildly through these Acts.—Mr Reid: I really think Mr Connell is hardly justified in making these remarks.—Mr Connell: I should perhaps have said the Superintendent. Mr Reid : I object to Mr Connell coming here continually about legal advice—making this a cheap shop for giving legal advice.—Mr Connell: I have legal advice. ' Mr Reid; Then take action upon it. The Chief Commissioner was directed to draw the attention of the Government to the quantities of land thrown open during the present year.

The Clyde District Land Officer asked the opinion of the Board as to whether a licensee on deferred payments may assign his certificate to another, or whether his right to occupy may be disposed of by a Court warrant. It was decided that* under the circumstances of the present case, the applicant (Mr M’lntosh) be allowed to apply in his own name.