THE The Drey River Argus. PUBLISHED DAILY. FRIDAY, JANUARYS, 1572.

Grey River Argus, Volume XII, Issue 1073, 5 January 1872, Page 2

THE The Drey River Argus. PUBLISHED DAILY. FRIDAY, JANUARYS, 1572.

Major Heaphy, Commissioner of Native Reserves, is on a visit to Greymouth with the professed object of dealing with the question of the sale of Native Reserves, and certainly the more the subject is looked at the more importance does it asnume. Major Heaphy, from his own confession to the Committee yesterday, evidently has power to do nothing. He will make enquiries, he will recommend, ho will consult, he will forward statements, and like a good old general of the Circumlocution Office, He will do nothing to compromise himself or His department except what is laid down by tho rule of thumb. He must be satisfied that no injury is done to the Maori, his heirs, executors, administrators, or assigns, and haying satisfied himself on this point, he will proceed to report to the Government on so many pages of foolscap, duly sealed and tied with red tape, as the result of his mission. The gallant Major takes his stand on an Act passed on the 6th Angus*, 1850, nearly sixteen years since, intituled, "An Act for the Management of Lands set apart for the benefit of the Aboriginal Inhabitants of New Zealand," the 6th section of which, more especially refers to the sale of Native Reserves, reads as follows :- " When any lands within the jurisdiction of any Commissioners shall have been or shall be reserved or set apart for the benefit of the said aboriginal inhabitants over which lands the Native title shall have been extinguished, such Commissioners shall have and exercise over such lands full power of management and disposition, subject to the provisions of this Act; and, subject to such provisions, may exchange absolutely, sell, lease, or otherwise dispose of such lands in such manner as they in their discretion shall think fit, with a view to the benefit of the aboriginal inhabitants for whom the 3atne may have been set apirt. And no purchaser, lessee, or other person paying, money to such Commissioners shall be afterwards answerable for such money or be bound to see the application thereof." Major Heaphy appears to think in face of this Act that it would be necessary to have a special Act to sell, although this Act — passed when the West Coast was a veritable term incognita, when the Maori knew nothing about Native Commissioners or Acts of Parliament on their behalf — especially provided that the Governor could sell the land. There is no doubt but that Major Heaphy has received His instructions, and among them is not to forget the "Native interest," and if by any means of circumlocntion, or in other words, "humbugging "the settlement of this question c<m be deferred the better for the ' ' vested interest. " But there is the plain fact staring all in the face, tiiat it requires iio special Act," to sell." The Act of 1856, upon which Major Heaphy now acts, provides for this, and the clause we have quoted above fully bears out our remarks; but there is something more than thisj and now attention is drawn to the subject, we would advise all leaseholders and subleaseholders to peruse the conditions of their leases, and they will at once see tho necessity of urgent action, for a more unjust, a more one-sided clause was never introduced into any lease than that under which the original leaseholders hold their tenure, and to the conditions of which snb'leaaelioldersare subject. The provisions in the original lease,; to which we more especially refer, run as follows :— r "And furthermore, that they, the said lessees, their executors, Ac, will keep the said delegate or agent advised in writing from time to time from all transfers, assignments, or under-leases made by him or them of the said demised premises, &c. , and will furnish the said delegate with the name in full, occupatiod, aud residence of the party to whom the said premises shall be transferred or under-let. Provided always that in case default shall be made in payment of the said rent or any part thereof for twenty-one days after any of the said half-yearly days of payment or in performing or observing any of the covenants or agreements herein contained or implied on the part of the said lease, &c, to be performed, or if the said lessee, &c, shall become bankrupt, or file any declaration of insolvency, or make any assignment, for the benefit of bis creditors, then it slut Wo lawful for the Governor, His delegate or agent, immediately and without making any demand lor rent to enter upon and take possession of the land and premises hereby demised, and to expel the said lessee thereof by main force or otherwise,- without any legal process, as effectually as any sheriff might do." Now, by this clause it will be seeu that should the original lessee neglect to pay his rent, or become bankrupt or insolvent, it is within the power of the lessor, that is the Native Commissioner, to enter and take possession of the land and premises, and hold them by main force, and to this provision all sublessees are subject. Therefore it becomes a matter of grave interest, not only to original lease-holders but to sub-lessees. In plain words, should a sub-lessee erect a building or premises costing £10,000, nnd the original lessee neglect to pay his ground rent or turn insolvent, the Native Commissioner can oust him, and even keep out a Trustee under the Bankruptcy Act. Such are only a few of the facts of the case which we consider it necessary to lny before our readers.