THE LAND BILL AS AT PRESENT AMENDED.

Lyttelton Times, Volume VIII, Issue 518, 21 October 1857, Page 3

THE LAND BILL AS AT PRESENT AMENDED.

(M rom the ' Argus.' August 31.) The Crown Lands Bill will be finally recommitted on Wednesday night. We print it elsewhere as it at present stands, and we shall be probably doing our readers an acceptable service if we give them a brief analysis of its provisions. In the first place, the preamble of the original Bill, to which it was very justly objected that it constituted, for the first time, a formal recognition of certain rights enjoyed by the squatters under the Orders in Council, has been substituted by one entirely harmless in this respect. Reciting the several laws which the Bill repeals, the new preamble continues. " And whereas it is expedient to promote and encourage the settlement of the country, and for that purpose to abolish and annul the said, orders, and the rights acquired under the same, and to substitute other arrangements in lieu thereof, and generally to provide for the occupation and sale of the said lands."

The earlier clauses regulate the conditions under which the present pastoral occupiers of Crown Lands are to be confirmed in their occupancy. By these it is required that within three months after the passing of the Act, application shall be made to the Board of Land and Works, upon which a certificate of occupation shall be given. This license to occupy will either apply to tho whole run at present held, or to such portion of it as will leave a residue, fitted by advantages of water, &c, for profitable pastoral use. Thus, the squatter desirous of contracting the limits of his run, and concentrating his stock for the purpose of minimising his rent, will not be allowed to select the better portions of his station so as to leave the land he repudiates practically valueless.

The certificate of occupation is to be granted for one year, but, on compliance on the part of the licensee with certain specified conditions, it is to be renewed from year to year over a period, in the settled and intermediate districts, of two years and a-half, and in the unsettled, of five years.

The conditions of occupation are, the payment of rent, and the use of the land for bonafide pastoral purposes only. Rent is to be levied at the rate of twenty-five pounds for every thousand sheep, and the same amoimt for every two hundred head of cattle or horses the run is capable of depasturing. Its grazing capabilities are to be ascertained by vuluators, appointed, one by the licensee, one by the Land Board, and a third by these two jointly; and the report of this tribunal shall be final and binding, unless the Board, either dissatisfied itself, or thinking fit to comply with the request of the licensee, shall order proceedings to be taken anew. '

Rent is to be paid yearly, in two equal instalments and to be recoverable by distress, under the warrant of the Governor in Council.

These arrangements refer exclusively to present occupants, whose right of occupation, upon compliance with certain conditions to be enforced is thus recognised in the Bill. So long as they do not forfeit the runs, by neglect of legal provisions, their claims are to be regarded as preferential to those of other squatters. But in dealing with forfeited runs and new runs, a new principle is introduced. Here there is no preferential claim, and the run is to be put up to auction, the highest bidder becoming entitled to the pastoral license.

All licenses are to cease and determine, as -we have said, at the end of two and a-half and fiveyears. Whilst in force they are to be regarded as conveying a chattel interest.

Several clauses regulate the principles on which the boundaries of runs are to be adjusted, reserve the power of searching for minerals, entering for surveys, &c, and provide for the issue of timber, stone, and other licenses, and for the rights of travellers, r&c." ;

The next most important part of the Bill is that determining the circumstances under which pastoral licenses may be revoked or become forfeit. ■.•

The latter contingency will arise if the rent be not paid, and no sufficient distress can be found; or if the licensed land be used for other than pastoral purposes. The former, in case the "whole or any part of the land comprised in any run shall be sold or taken under the provisions of this Act."

Thus the squatter's right of occupation does not hold good against the right of the purchaser. The Crown may enter upon any run, survey any part of it, sell it, and convey it in fee.

Kcsuming an analysis of the measure, we note that amongst the "public" purposes for which lands may be resumed and alienated to trustees, sites for places of public worship are omitted, lands already set apart or already "actually promised " for such uses being, however, made capable of alteration by a special clause. The squatters' pre-emptive right is to continue in force for one year after the passing of the Act, but it is limited to an area of six hundred and forty acres. • ■ • ■ We come now to the provisions for the alienation'of land for permanent' settlement.'' " '

The fiftieth1 clause provides' for the division of lands into three classes: town, suburban, and country.' Of these, Jthe land comprised in the first two classes is to be sold by public auction only -,'that iiitue third cldss.beiug open to selec-

tion and sale by private contract, if previously offered at auction and unsold. At the time of purchase, at least one-fourth of the purchase money must be paid, and the residue within one months .•■-.•;•••:'•

i We come next to what is known as Mr. Heales' clause—undeniably one of the most valuable amendments effected in the Bill in Com*' mittee. This provides that one moiety of the lands of the third class, and " fit for agricultural purposes," shall be divided into special country lots, of not less than twenty nor more than a hundred and sixty acres - each; that each lot shall adjoin another of equal size; and that the purchaser of any special country lot shall be entitled to occupy the adjoining lot for pastoral purposes for a,term of five years, at. a rate of six per cent upon the price of his purchased lot, with a pre-emptive right at the end of that term,. provided that within three years from the commencement he shall have cultivated, and kept in cultivation, two-thirds of his purchased lot; Such are the main provisions of this measure, which Parliament has been so long in maturing. That the Bill has been greatly improved since its first introduction no candid man will be dis--posed to deny; and we should gladly accept it as the best temporary settlement of this difficult question which the state of public opinion rendered practicable, if we could see the simple provision introduced in it, which we must persist in thinking the rights of the Grown, the interests of the people, and the just privileges of Parliament, alike require. It would place the squatter in a position entirely sanctioned by the equity of the case—giving him a tenure secured for a reasonable period, on the public faith, and at the same time rendering him amenable to his fair proportion of taxation. It would give the people the utmost facility of settlement on the soil practicable, until a strong current of opinion had set in in tavour of some specific radical reform. But we maintain, that it ought not to be permitted finally to come out of Committee until the power of Parliament to amend it, for purposes of public policy, is formally and amp}y recognised.