New Zealand Spectator, AND COOK'S STRAIT GUARDIAN. Saturday, July 6, 1850.

New Zealand Spectator and Cook's Strait Guardian, Volume VI, Issue 514, 6 July 1850, Page 2

New Zealand Spectator, AND COOK'S STRAIT GUARDIAN. Saturday, July 6, 1850.

On a former occasion, when Mr. Fox advanced certain charges against the Local Government, he assumed that he was justified in believing them to be literally correct because no notice was taken of them by the Spectator. However convenient Mr. Fox may find this kind of logic to be, we doubt if the public will implicitly subscribe to his deduction, and be content to take for granted any statement he or his partisans may choose to hazard in his organ the Independent, because for a time it may remain uncontradicted or unnoticed. When, however, Mr. Fox is himself arraigned at the bar of public opinion, when it becomes manifest that the fabrication of these charges against the Government is merely a subtle artifice to divert the attention of the settlers from the proceedings of the Company of which he is Principal Agent, — a doubling, an artful dodge of the fox to cover his retreat, — when he stands convicted of dishonesty and want of veracity as a public man in charging the Local Government with bankruptcy and insolvency at the very time that, at his earnest entreaty, they are supporting the credit and meeting the liabilities of his own bankrupt Company, and remains speechless — unable to break his guilty silence — unable to utter a word in his own defence or offer any plea in extenuation of his conduct, we are surely warranted in applying his own mode of reasoning to himself, we are justified in believing these charges against him to be fully substantiated. In truth nothing can be said, no explanation can be offered by him, since it is impossible for him to deny that the Company have twice, within the last three months, been assisted by the Local Government, that but for this assistance they would have been unable to fulfil their engagements with their purchasers, and the compensation scheme, like themselves, would have proved a sham and a delusion ; and being fully conscious of the state of the Company's affairs, it is really painful to find that their Agent has the hardihood to assert that they are ready to purchase fresh districts, if the Local Government will enter into the necessary arrangements with the natives for that purpose. Whatever may be the errors of the Local Government, the Principal Agent of the New Zealand Company is the last man to assume the censor's seat, and sit in judgment on their policy and conduct. Leaving this subject, we will pa»a to the consideration of another which as nearly concerns the interests of the settlers. After waiting for more than ten years, the land purchasers are at last informed that the Company are prepared to execute conveyances to all persons (whether original purchasers or otherwise) holding land under title from them. When the question of granting ti-

ties to their purchasers was di«cussed by the Company, it has been stated that their professional 'advisers in London seriously proposed that all conveyances should be made in England ; but this was so gross a job, the expense of the proceeding, including stamps, &c, would have been so enormous, that in many cases of derivative purchasers, — of working men who by their industry had become possessed of a few acres of country land, — the cost of the conveyance would probably have amounted to as much as the purchase money of the land itself ; this hopeful scheme was therefore abandoned. "While the Company were undecided as to the proper course to be pursued, the British Government, ever ready to help them in time of need, interfered in their favour, and by means of a short Act of Parliament put them in a position, by conferring upon them the necessary powers, to discharge their obligations to their purchasers. In the twenty-fifth report of the Company it is stated that upon the deeds to be granted " exclusive of stamps where necessary, the expense of which will, as usual, be borne by the purchasers, the charges will, in cases where the land is still held by the original owner, be suck small sum as will suffice to cover the expense actually incurred ; in cases where the land is not now so held, but has passed into other hands by sale, [bankruptcy or death, such additional charge will be made as is actually occasioned by the necessary additional investigation, but nothing additional on account of the deed." We are further informed that "the charge upon the execution of the deed will be the amount of the actual cost." According to the terms of the notice issued by the Company's Agent the conveyances of land to the holders of preliminary land orders, the holders of compensation scrip at Rangitikei, and the purchasers of the secondary series at Wanganui, will be granted in "Wellington. What ought to be a fair and reasonable charge for a conveyance in this settlement, so as. to comply with the spirit of the promise given by the Company, — "such small sum as will suffice to cover their actual expense" in granting it — will perhaps appear from a consideration of the following circumstances. The number of land orders of the preliminary series (exclusive of the Native Reserves) i& one thousand, such land- order comprising one town acre and one hundred acres of country land. In many instances town acres in Wellington have been divided into twenty lots and upwards and sold to different purchasers, while examples of the subdivision of country sections into " small lots to suit purchasers" are still more numerous; in one particular instance, that of Wade's Town, a country section has even been divided into half -acre lots. Taking into account then the numerous subdivisions of property which have been made in this settlement, after due allowance for those cases in which one deed of conveyance will include several sections or allotments, we think we shall not err in assuming that at least three thousand conveyances will be required by original purchasers and those claiming under them. To these mus,t. be added the holders of compensation land at Rangitikei, and the owners of land at Wanganui. It must also be borne in mind that the derivative purchaser, who has taken a conveyance from the original holder of a land-order, has only an equitable title, he still requires a confirmation— in other words a conveyance — from the Company in order to complete his title, and this becomes the more necessary when the original purchaser has parted with all his interest in the land, as in those cases where a town or country section has been subdivided into allotments, and all the allotments have been sold, inasmuch as the Act of Parliament expressly provides "that nothing herein contained shall authorise a conveyance by the Company or their Trustees to any Purchaser or Purchasers named in any landorder or contract, who may have absolutely transferred his interest thereunder." Where so many conveyances are required, the greater part of them (especially those of the

original purchasers) for the most part similar in their nature, matters of routine, the mere filling up of a printed form with a few lines of manuscript containing the necessary description of the property to he conveyed> it will he concluded that the charge should he very moderate indeed. Many are inclined to go further and argue that the fact of compensation having heen granted hy the Company to their purchasers is a virtual admission, on thgir part that they ought to complete the titles of their purchasers free of cost. And when it is rememhered that the Company's Principal Agent is by courtesy admitted to he learned in the law, we might fairly presume that thisman ofthepeople would so far sympathise with the purchasers of the Company as gladly to seize the opportunity of devoting those " spare half hours" which are now occupied in abusing the Government to forwarding the interests of his employers, and gracefully freeing them of their obligations to their purchasers, by preparing these conveyances free of cost. But even though this supposition were inadmissable, though the Company's Agent still continued a sinecurist at £1000 a year, if the Company had set apart £1000 for this purpose we have no doubt they could have arranged with any solicitor in Wellington to do all that was required for this sum. And though the Company had been unequal or unwilling to perform this act of liberality, (which many, indeed, consider to be only an act of justice on their part,) though they had stipulated for repayment from their purchasers, on the estimate we have formed of the number of conveyances to be executed, the average rate to each purchaser would not have amounted to more than five shillings for each conveyance. But what will be said when it is found that in order to gratify one of his partisans, Mr. Fox has established a monopoly in his favour, that instead of a conveyance only costing " such small sum as will suffice to cover the actual expense incurred," it is proposed to levy a charge of from twenty to twenty-five shillings for each conveyance, besides a further and indefinite charge for the investigation of titles, in the case of derivative purchasers; that in effect a tax of upwards of four thousand pounds is sought to be imposed on the land purchasers by an arbitrary and irresponsible power, over whose acts they have not the slightest control. This appears to be so flagrant and monstrous a job that we must be content for the present to announce the startling fact, and defer the further consideration of it to another opportunity.

We have great pleasure in publishing the following extract of a letter from an absentee land- owner, which contains several sensible and judicious observations on the subject of the Company's conveyances to their purchasers: — " I had this pleasure a few days ago, and trust this will reach you by the same mail. Amongst other matters, I requested you to apply for my conveyances, and sent you powers to that effect, I have since consulted with several friends situated like myself, and have determined not to take any conveyances from the Company at present. It seems to me that the Company's compensation scheme ,to the land-purchasers, if carried out in its integrity (if such a word may be used relating to such jobbers) required that titles should be given free of cost. I cannot believe that those who obtained the compensation contemplated paying »for the boon a heavy tax in the shape of the Company's lawyers' bills of cost. By forcing the land-purchasers to resort to the- offices of the Company's lawyers for an examination of their titles, a tax of undefined amount is laid upon them. In cases where many transfers have taken place, the examination of the title will cost a great deal ; but this examination ought to be made by the Company, or at all events paid for by them. I will not submit to be thus taxed. I hold my land by a title derived from the landorder of the Company. This title is only an equi- , table one, by which I believe lawyers mean, a title which a court of equity will render perfect anJ legal ; and if obliged by circumstances, I will apply to a court of equity to do ao. In the mean time who can gainsay my equitable title ? Nobody but the Company. Will they dare to attack me because I will not submit to pay their lawyers (or the'' Company itself for tught that I know) for examining deeds which would not require examination if they had given conveyances at the

time they received the purchase-money ? I think not : and therefore request that you will let my title remain as it is. As at present advised, I will not go to any expense."