NEW LEGISLATION.

Mount Ida Chronicle, Volume V, Issue 295, 24 October 1874, Page 3

NEW LEGISLATION.

nrpAiUAX itio:.'TS.

Its nidiciiiy'a/ine id'.lho more strik-. h\n poitits of a. I'bw of! the Arts jias-cd dunlin tlu'' hist sepsion oVtlie Aest'ti.liK, ft may Hot he out ot'"phice for si Goldfields ;;fif)<M' to |)la<;(! first, 11 very unpiv: teiidjtiij Aci/iulititulecr ",'Aii 'Act lo provide for certain districts* of the I'rovince -o'f Cafiterbury v.itli, JUilucZ.—Acci)P(lini»-ti>-tfie- interpretation clmiHe we, note that the certain diblricfp are those districts or parts ot the Province lyiny between the rivers Wflimakariri a.':o<akaia, and the rivers Kakaia tu d ex k-i botmdan'es to bo fixed by Ppovinei.il legislation, based upon the Act in question. -'''-''.

A great proportion of the-land, if not the whole,'.! n.,fht j sc rjinti ii-tw is freehold.. It consequently at once occurs to us to enquire; with notr<- curiosity, n» ; to the arbitrary;powers it is thought fit t° ftJJt, e -- t - < '' P(yvince in dealing with riparian rights it is the fashion'j,n ()tn go r to assert are proof agajnut even proved" public necessity. Tufimig again to the interpretation <»l.HuSo, we-fiiMyt'hKt'th'e wor'l, ".'.biod " "shall ine.an lands,'-'hiessuages, teneraenfff; and h'erc'ch' Car ihi en fs* of ani/'fTnure i» the Paid disirictp, ami an» estate or interest therein: - -A Iso, that, tlie word ' rivers" tihall mean r.vers, ttfrenmp, brooks'' spring?!, .and oilier running waters, and,water courses. The Provincial Legislature of. Canterbury is to .appropriate moneys for the construction and inainlenafire of any such waterworks &•■., out of Provincial revenues.

1.et.1.4 *ee 7 now, bow tho Act dea;s

with riparian proprietors and their claim -8) successfully asserted aR against the i;ol< J . miner in Ota £50—not' only tor all the water in any river tun tiing "through their freehold to be preserved perfectly pure from its source but nUo to be intact. 'Pie Act then gives the (Superintendent power (clause 3 sccti .-n I) to ejiter upon any land in the said districts, and to take the. levels thereof. (2) Without any previous payment or consent to take, possession of. bold, occupy, and use any land which he may require for the purposes o!'this Art. (3) To dam, dioert, convey away, arid impound any parr of the water of any river—not exceeding one half. (4?) Without previous pavim-mi tender, or deposit. t.» filter upon nn\ land, and to take therefrom any earth, stone, travel or el iv, and to mike temporary r ads or approaches to tinworks, and ro construct and maintain thereon bridges, dams, sluice gates, weir.--, and ot -er- works —("ho remain-, der.of ihe clause providing for ten days' notice being given, and allowing compensation by const 111 op bv arbitration). The hist section also provides that, after plans of, works have, been duly posted in "Christchurch, the Superintendent sliall cause notices in writing to be sent through the post office, by registered lelter, to all persons turned in the book of reference as owners or occupiers of any lands men tinned therein, or of any water intended tu be taken j' 0 r the purposes ot this J\v\. The.se owners, occupier-!, or parties interested are to be" comp>nsnted for the. lands so taken or interfered with. . .

. This Act is passed—as we have, in previous issues more than on<e pointed out—to enable freehold properties, and unsold Crown lands (if any) in be better utilised by.reason, of water being available. We find that, t-> effect- tbi*. the Assembly ha-< not thought ir siga ins« the common law of England to a-bit anly *ake for ever t'se half of an\ rjoariau water right at a few days' no. i _■•_■. If the la-" allows half, what could protect the whole'?—unless,'indeed, a sense of fair play. • We ha\e yet to learn that the miners o 4 '« -tago are not entiiled, in the eve of parliaim ntarv law. tt» the same concessions as pastoral freeholders and lease htnders in » anterburv.

We see no reason why the proprietors 011 the hanks of the K ik.amii should be ahle lo loo> up the whole ot its waters as thry assert and the ;\s sertion has been in a m;iimer recognised —th'-v can do, and keep. sacred tV..m Hie ,toiich of l he. miner for yobl each drop of that at tiuies overburdensuiiie riier.

There is no reason why a short ai.d concise Colonial s Act, dealing wit'i river diversion —nearly as important a point a- river pollution —should not.have been earned through last session, framed in the spirit t.f the Canterbury Act—the tnainti'nane'e of auv.-siicji'np-pro\el charges for conricngnfion bein»thrown upon the local district gold re'enue as a first charge. That would be a. legitimate localisation .of Goldfields revenue. Did such an idea strike any one of our able- Gpldfield r<■pre>entati\es in their four months' devotions in Wellington (we quote Mr.. J. L. Gil lie*) ? It' so, the oracle was excessively quiet. 'lhe Act maintain* the soiin 1 principle of.making localities b< nefiticd. the real as weil as putative p'arents of the ideaa by which, they Vre to benefit; ami insists on local ralepayinii for ail exaggerated district* imiovaiion, ir.tro- • Hi'-ed to benefit private interests. When in dealing with freehold properties, and not with Crown lai.ds,- this prim ip!e of local rating for mainten: aneeol'works executed by public inonev for private benefit is foi>aken win ther the private interest is possessed bv freeholders, colliery proprietors, or miiu-rs, an injustice must be perpetrated somewhere. 'J his is often strangely recognised by an attempt to balai.ee •lijiistices.