The Evening Star THURSDAY, JANUARY 13, 1876.
The question of reletting certain runs, the leases of which are reported to expire at different periods between now and some period in 1878, was brought under notice of the Waste Lands Board yesterday. From the explanation given it would appear that the leases of only two runs expire this year, but, unless those leases have been forfeited, to which circumstance only, the provisions of clause 140 of the Waste Lands Act of 1872 refer, it seems to us that blame or neglect lies somewhere. If the two runs, the leases of which are said to expire during the current year, be not forfeited—and if they are, then the question need not have been raised by the Chief Commissioner—the provisions of the 145 th clause have evidently not been fulfilled by the Board. That clause is as follows : Tls. Before the expiration of any license or lease for depasturing purposes, the Board shall, with the approval of the Superintendent, determine whether it ia expedient to lease again for depasturing purposes the whole or any part of the lauds hold under such liceme or leas* ; and if it be resolved that a lease of the whole or any part of such lauds be not granted, it shall be lawful for the Board, at any time, not lato' than twelve months before the expiration of the license or lease, to cause a notice of such resolution to be served on the licensee or lessee, or to be left at his last or last known place of abode, or with some person resident upon the lauds comprised in such license or lease. In the event of it being resolved that a lease of the whole or any part of such lands be granted, such lease shall, subject to the provisions relating to leases of pastoral lands, bo sold by auction at least twelve months before the expiration of Ihe then existing license or lease. As the Chief Commissioner stated that the leases of two runs would expire during the currency of 1876, it is self-evident that if the Board has yet to decide what course to take with the two runs of which the leases expire this year, there must have been gross negligence in not bringing the matter under notice earlier; tor it is impossible now to fulfil the conditions of the 145 th clause, which require that a tenant shall know twelve months beforehand whether his run will be otherwise appropriated, or whether some higher bidder than himself will become lessee. The plain and self-evident intention of the 145 th clause of the Act is to constitute the Waste Lands Board, with the concurrence of the Superintendent, land stewai'ds to the Province. They are empowered to detex-mine upon the best means of dealing with the Waste Lands, and stand in the same relationship to the Province, with regard to those lands, as the land steward of a nobleman’s estate at Home. They are invested with even more absolute powers than be is; for however sound his judgment, he is liable to be controlled by his employer, while they, with the concurrence of the Superintendent, can determine either to let or sell the land as seems best to them for the in terests of the Pi’ovince. We observe, notwithstanding the fact that already, so far as two runs are concernd, the Act has not been complied with—for assuming even that notice has been served on the lessee, the re-arrangements have not been completed twelve months prior to the expiry of his lease—the Board have determined to postpone the question and refer it, according to the ‘ Guardian,’ but most probably it is an error, to the General Government. Wo I do not sec what is to be gained by this. | Neither General nor Provincial Government can Override an Act of Parliament, and the duty of the Board is plain 1
and explicit. They may or may not please the country in exercising the powers vested in them; for there is a strong feeling growing up with regard to the manner in which the pastoral lands of the country shall be dealt with. Bat whether it is expedient to divide the runs in future, or to withdraw portions for sale for agricultural purposes, is at present the province of the Board to decide. They were appointed a nonpolitical body, having the least possible connection with the Provincial Government, to the end that the interests of the tenants as well as of the public should be equally cared for, and not subjected to the caprice of political party. In the instance of the two runs both public and private interests appear to have been disregarded. It is only fair that the lessee should have the notice required by law as to the manner in which the land leased by him will be dea.t with. The time required is not more than necessary to enable him to make arrangements for the future, while on the other hand it seems uncertain in what position the public stand. By the terms of the Act the Board apparently cannot now deal with the expiring leaseholds through not having complied with the Act they were appointed to administer.
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Evening Star, Issue 4019, 13 January 1876, Page 2
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875The Evening Star THURSDAY, JANUARY 13, 1876. Evening Star, Issue 4019, 13 January 1876, Page 2
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