The Southland Times. FRIDAY, FEBRUARY 4, 1870.

Southland Times, Issue 1205, 4 February 1870, Page 2

The Southland Times. FRIDAY, FEBRUARY 4, 1870.

AMOTSGr the various questions of internal legislation affecting the material prosperity and advancement of a new country, there is none which, assumes greater importance, or demands more careful consideration, than that of its land regulations. The liberality or otherwise of the laws affecting the alienation and tenure of the Waste L^nds of the Crown in the colonies, is, by an intending emigrant, generally made the point on which his selection of a future home turns. Hence the introduction of new land laws into any one of. the colonies is a subject of much importance to the rest, not alone as evidencing a sense of failure in the past, but as furnishing the probable inference that in the new scheme the experience of necessity by parties deeply interested has suggested a remedy. The regulations of the neighboring colony of Tasmania having now been in existence for several years, have been*found to work well. Their chief feature is the system of deferred payments, under such conditions as to render it all but absolutely certain that any industrious man, with but a very moderate capital, will be able to comply with them. The Victorian system has hitherto been strongly condemned by the class of settlers whom it is most desirable to attract and retain, as tending to lock up the country, and a fierce strife has thereupon resulted. The recent alterations in the land laws of that colony will, however, ere long, in all probability, be found to have done much for the sett'ement of many of the vexed j questions affecting the possession and holding of land there. To point out the leading features of the change introduced will be interesting, and may possibly furnish a model worthy of adoption in New Zealand. The most important appears to be that of free selection, yet from the stringency — not unreasonable —of its provisions, the desire of the introducers of the new system seems evidently to have been to ensure its acceptance by londfide settlers, and to prevent its abuse by the taking up of land in large holdings. The term stringency used above has been applied simply to show that extraordinary care has been taken to require the perfect fulfilment of certain conditions of improvement, which none but a hond fide settler would be willing to make. A person having made a selection of Crown Lands, not exceeding 320 acres, may apply for a license to occupy the same, and on his depositing half-a-year's rent, at the rate of two shillings per acre per annum, he will receive a license to occupy, subject to certain conditions. This license will remain in force three years, during which time the licensee is prohibited from assigning, transferring, or sub-letting. He must, during the term, enclose the land with a substantial fence, and must cultivate, within two years of the issue of his license, at least one acre in ten of his allotment. Within three years of the commencement of his term, i mprovements must have been effected to the extent of one pound per acre on every acre of the holding. During the three years' license, the rental of the allotment, at the rate of two shillings per acre per annum, must be paid in advance half-yearly, and failure to observe either of the above specified conditions will cause the license, to be revoked. Upon the expiration of the license, the licensee may either become at once the purchaser of the land, on payment of fourteen shillings per acre, or may obtain a lease of seven years at the same rental, and upon the same condition of forfeiture if the rent be not paid. At any time during his sevea years' tenancy, he may purchase the land, the amount paid as rental being deducted from the price. The system is virtually that of fixing the price of the land at one pound per acre, and allowing the selector ten years, under certain conditions, in which to pay for it, as no interest is charged, and the improvements effected by the selector at his own cost, become his own property. The plan is more liberal than that of Tasmania, as a slight addition to the purchase money is there made in the case of deferred payments. The regulations to prevent fraud by the obtaining by one person of several holdings, under assumed names or otherwise, approach apparently as nearly to perfection as it is, possible to make them. In remembrance of the frauds so notoriously connected with former systems in Victoria, supposing the new system to be successful in accomplishing what its framers contemplate, it will have indeed achieved a marvel. Provision is also made in the new Act to meet the cases of executors or administrators of deceased licensees, by the ,

non-requirement therein of the immediate fulfilment of the conditions of the license. The value of a provision of this nature will be readily recognised. During tlie occupancy of any allotment, either under license or leaee, the holder is expressly, prohibited from searching for or taking any metal from the land. In' respect to the effect of the Act on the pastoral interests of the colony, the following quotation from a very comprehensive review by a Northern contemporary embraces the most important features : — • "■: " So far as the pastoral tenants of -the Crown are concerned, the new Act declares .that the Governor shall issue yearly licenses to occupy to the persons who may be in licensed occupation of runs at the time the Act is passed. The conditions attached are comprehensive and stringent. No such license shall prevent any run, or any part bf it, from being sold, leased, or licensed, under any ■ of the preceding parts of the Act, from | being proclaimed a common, occupied by virtue of licenses issued under the Goldfields Act, or otherwise dealt with or alienated now or hereafter. [From and after the first day of January, 1871, every pastoral licensee is to pay as rent eightpence for every head of sheep, or four shillings for every head of cattle which the Waste Lands Board, or whom they appoint for that purpose, shall declare the run capable of carrying. Such rent is apparently liable to readjustment at any time the Board may think fit, but there appears to be considerable haziness about this part of the Act. With regard to new runs, consisting of unoccupied territory or runs previously forfeited, the Act provides that they shall be put up to auction, the highest bidder becoming the licensee. None of these runs may be of larger area than is sufficient to carry 4000 sheep or 1000 head of cattle all the year round, and they are not exempt in any way from the conditions affecting other runs. The interest in a run is to be deemed a chattel interest for all purposes, und it may be transferred by writing properly attested. When the person to whom it is transferred has paid the transfer fee of one pound, he receives a fresh license to occupy, and the person selling the run is held, liable for the instalment of rent due next after the transfer. All rents are due half-yearly, and if any holder of a pastoral license should apply to take up land by selection, as provided in the earlier part of the Act, or if he should do anything directly or indirectly, to commit a fraud npon or evade the Act, his license is at once liable to be forfeited or revoked.

"No pastoral license may cultivate more grain, hay, vegetables, or fruit, than is required for consumption on his run. He is entitled to the right of preemption of any land upon which buildings, yards, or any other Buch improvements may be erected, and he may be permitted to purchase 320 acres of the land on which such improvements are situated, at the rate of one pound per acre. Runs may be divided on payment of a fee of, ten pounds for each subdivision, carebeing taken that the rent of the subdivided run shall not be less than that of the original. If the value of a run is diminished by any part of it having been sold, leased, licensed, or proclaimed a common, the licensee may demand a revaluation on paying a fee of five pounds. When the area of a run has not been accurately made out, the Board may cause it to be re-surveyed, and the licensee is charged with the sum of twenty pounds for such re-survey. In conclusion, so far as pastoral tenants of the Crown are concerned, no occupier of a run is to be entitled to any compensation hy reason of the law being repealed or altered."