Recent events in connection with the sale of the block of land on the South Beach, on which the rich Stoney Lead is situated, and the application which has been made to the Supreme Court for a writ of ejectment, to force the miners to abandon their claims, have naturally attracted a large amount of attention, and very forcibly illustrated the necessity which exists for some reservation being made in the Westland Land Act in favor of miuing on private property. It will be remembered that during the last session of the Assembly a clause was introduced into the Westland Waste Lauds Act, in order to embody in it a number of regulations which were drawn up by the County Council, to legalise and regulate mining on private property — in fact, this was the main object for which the Bill was introduced. It passed safely through all its stages in the House of Representatives ; but the Legislative Council could not be induced to assent to the principle contained in the clause, and it was struck out. The members of the Upper House argued that this was an invasion of the sacred rights of private property ; and, in spite of the earnest protestations of the Hon. J. A. Bonar, that it was the desire of the people of Westland to have such regulations made, and that they contained the only sound principle upon which the settlement of a couufcry so little known as Westland could be secured, the Bill was mutilated in its most vital part. The result was, it was returned to the House of Representatives, with the forty-fifth clause expunged, and was abandoned by the Government, at the recommendation of the Westlaud members. But should the necessity arise for it, there is little doubt that the mining regulations, as they were passed by the County Council, will be acted tipon, pending the next meeting of the Assembly; and even supposing the writ of ejectment should be granted by the Supreme Court — of which it is said there is little probability — against the miners, the worst that can possibly happen is, that mining on the lead will have to be carried on under these regulations. We are glad to observe from the proceedings of the Council, that the matter is not to be allowed to remain in this anomalous position. No action can be taken beyond what has been, until the next meeting of the Assembly, which will probably, take place in about two mouths. Then auother effort will be
made to pass the Westland Waste Lands Bill as brought iv last session, and. it is considered probable that it will then pass in its integrity, a.s it will come before the Assembly backed by the resolution of the County Council, aud the expressed desire of the people of Westland. The resolution referred to states, " that in any Land Act framed for Westland, provision should be made for allowing miners to enter on private property, in conformity with resolutions already passed by this Council ■" and as it was passed unanimously, there, is no doubt that it will have a great effect in assisting the Legislative Council to grant to Westland the same privilege which it tacitly grants to all the Provinces of the Colony — that of framing theii awn Land Laws.
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Bibliographic details
Grey River Argus, Volume VII, Issue 473, 26 January 1869, Page 2
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551Untitled Grey River Argus, Volume VII, Issue 473, 26 January 1869, Page 2
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