NOTICES OF MOTION

Hawke's Bay Times, Volume II, Issue 34, 20 February 1862, Page 6 (Supplement)

NOTICES OF MOTION

FOE NEXT SITTING OF THE COUNCIL. By Mr. Ormond,— That under clause 8 of the New Zealand Land Regulations dated March ‘l, 1853, it is provided that 10 per cent, on the upset price shall bo paid as deposit by any applicant for land to bo put up to public auction. Under clause 23 it is further provided that “ Immediate payment in cash of one tenth of the purchase money shall be the condition of any such sale by auction, and the remaining %ise-tenths of the purchase money must be paid by tno purchaser within one calendar month next after the time of such sale by auction.” That from experience of the working of these clauses ot the Regulations, the Council is of opinion that iacillties are oilered to the unscrupulous to extort money from, and otherwise obstruct the bondfide purchaser, whilst at the same time it is manifest that under the one clause a very slight risk of capital has to be incurred, and, under the other, no capital at all is required by the persons ivlio take advantage of these ilaws in the regulations. ~ That the public interests will not sutler by securing the bund fide purchaser front extortion. That this Council is aware that under clause 2 of the “ Waste Laud Act, 1858,” the Governor in Council is empowered to augment the price at which the waste lands of the Crown shall be sold in any Province, either by auction or otherwise, on the recommendation of the Superintendent and Provincial Council. The Council, therefore, recommends the following alteration in clause 8, referred, to viz.;— That upon the application of any intending purchaser who desires to put up land to auction ilfty per cent, of the upset price thereof shall be deposited with the Commissioner or other officer appointed to receive the same, in the place of ten per cent., as at present required by the regulations : Provided also that the deposit of fifty per cent shall be made subject to the same conditions as the ten per cent deposit now is, that is to say —If some other person than the original applicant become the purchaser of such lands, then the deposit made by such original applicant will bo returned to him ; but if no other purchaser comes forward, and the original applicant does not complete the purchase himself, the deposit of fifty per cent, will bo forfeited. Ana with respect to clause 23—That portion of the clause which secures one month’s credit to the nominal purchaser should be altered, and cash payments in full required to be made to the Commissioner or other officer on the fall of the hammer, and that, failing the same, the lot shall then and there be re-submitted to public competition. The Council is further of opinion that whilst those proposed alterations would secure the bond fide purchaser from unfair and fictitious competition, no unreasonable difficulty is thrown in his way, or in that of any real competitor. At the same time the public interests will not be affected, and the law withdraw its apparent countenance from a most injurous and baneful, not to say morally criminal practice. Dr. Hitching:?,—That His Honor the Superintendent to ho requested to place on the estimates a sum ol‘ mouc-y tor the purchase of a Public Weighing Machine, to be placed on the Eastern Spit. r.lr. M. Fitzgerald,—For leave to ask the Superintendent to Place the sum of disc 0 u the estimates for the bridge erected by Mr. Collins at Tamnvira. Mr. W ood, —A reply to the address of Ills Honor the Superintendent, delivered on the opening of the present session. Mr. Triphook,—That the Superintendent be requested to place upon the estimates a sum suliiciciit for a suitable approach to the Provincial Hospital, Napier, for the summit of the Shakespeare road, and that the Director of the Dorks bo requested to famish an estimate of the sum required. the Chief Surveyor be requested to execute a complete traverse survey, and a connected Man of Hie To Auto and Middle lines or road, from Havelock to Abbotsford, on a scale of not more than 20 chains to the inch-showing distinctly the physical features of the lines of mad and living permanent stations at intervals of one mile apart. Mr. M. litrrerald, —For leave to ask the Superintendent to x>mce tlic sum oi £l5O on tho cstinuitus for over the Maraetotara, on the mad from Napier to Torero via Vi aunarama ; and further ,-:nm of for tho same road between To Auto and Eaivakau, to make a horse track bv the beach. Mr. 1700(1, —That a select eommitco be appointed for the purpose of examining the standing rules and orders of the Council with a view to (heir revision. Such committee to consist of Messrs. Tiifcn, Ormond, Fitz Gerald, Colonso find the mover. * . Mr. FitzGerald,—For the appointment of a select committee to enquire into the movement now going forward amongst the agricultural and working classes of this Province. having for its object the acquisition by wav of lease (u the waste agricultural lands of Hawke's liav still in the (hands of the natives, and to report to tins council whether assistance should bo afforded by the Provincial Government in developing the objects sought for by the settlers and bringing them to successful issue or not. Such comtuiteo to consist of Messrs. Alexander, Triphook, Wood, llliodos, 11. S. Curling, and the mover ; with power to call lor persons and papers. Mr. FitzGerald,—For tho appointment of a select committee to enquire into and report upou tho practice pursued in the Land office. Napier, in reference to applications for certificates of Cs. land, and the nature of the examinations made by flic Conmiis.'-ioner of Crown Lands previous lo granting and refu-in;; them. SSuch committee to consist ol'Capt. Lambert. Messrs. J. D. Ormond. T. D. Triphook, M. Fitzgerald, and tho mover ; with power to call for porsons and paper.