The Southland Times. TUESDAY, DECEMBER 31, 1872.

Southland Times, Issue 1683, 31 December 1872, Page 2

The Southland Times. TUESDAY, DECEMBER 31, 1872.

The Otago Waste Lands Act, 1872, repealing the Act of 1566 and subsequent amending Acts, comes into operation tomorrow. The operation of the Act is confined, to that portion of the Province which was not included within the boundaries of the late Province of Southland. Its provisions, accordingly, more immediately concern those of our readers — no inconsiderable number — who reside in that border-land which, although never politically connected with the old Province of Southland, has erer been bound to the district now known by that name, by tho Btill stronger ties of geographical configuration and social and commercial intercourse. Our more purely Southland readers may also feel an interest in the contents of the Act, from the fact that it contains features of considerable novelty in New Zealand land legislation which it was proposed during last session of Assembly to extend to the Southland district also — a proposal which, although then unsuccessful, will probably be repeated next year. We present our readers, accordingly, with a summary of the main points in which the Act of 1872 appears to differ from the previously existing legislation. We have on a previous occasion dwelt slightly on the most novel feature in the Act — the alienation of land on deferred payments — but the interest felt in this part of the subject is such that we make no apology for repeating, in our present more extensive survey of the measure, part of the information furnished at that time. Passed at the fag-end of a session, the greater part of which had been wasted in a party fight, the Act, which was the subject of much eager discussion in both Houses, presents, even as it now stands in the statute book, a somewhat mangled appearance, and of course contains many mistakes which have furnished some of our contemporaries with welcome themes for criticism. As no very serious consequences seem likely to arise from any of these raistake3, until next session at least, we pass them by with the remark that under the circumstances ifc is a wonder there were not a great many more. Taking the subjects dealt with in the order followed in the Act, the first matter of importance we oma to is the constitution of the Lmd Board. It is provided that on the Act coming into operation the then existing Land Board shall be dissolved. The Commissioner of Crown Lands — a General Government officer — will be ex ojficio a member of the new Board, and, when present, will preside over its deliberations. The remaining members, in number not less than two, nor more than five, are appointed by the Superintendent and Executive, subject to the approval of the Governor, and may be removed in like manner. Of these one, and one only, may also be a member of the Provincial Executive. Provision is made for the establishment of Land Districts, within each of which there Bhall be a branch Land Office, presided over by a District Land Officer, who is emp iwered to receive applications for land within the district, an I, under the instruction;* of the Hoard, generally to transact all business connected with the administration ot the Act. This provision, if judiciously carried out, will doubtless prove of great convenience to the public. The next point of importance to which, from its bearing on another part of the measure, it is necessary to refer, was part of the old law, and is now re-enacted — the provision, namely, that unsold land in hundreds which has been open for sale for seven years, may be sol. l by auction at an upset price of 10s per acre. This description, we may remark in passing, includes nearly, but not quite, all the unsold land in the Otago huudreds. Then follow provisions regarding payments for public works by grants of land, in which the chief point of difference between the old and the new law is that the amount which may be so applied in any one year by the Provincial Council is now limited to 10,000 acres. We now come to the provisions for the alienation of land on deterred payments. The action of these provisions is confined to certain " areas," which may be set apart for the purpose in any part of the Province, in the hundreds, or on the runs, by the Superintendent and Provincial Council. The Superintendent is empowered, before the first meeting of Council, to declare such " areas" in any of the land now open for settlement. There are restrictions, however, which affect these " areas," or " blocks," as they are elsewhere called. If proclaimed on a run, the " block" must not contain more than one-tenth part of the land on such run, and must not, on any one run, be more than 5000 arces. Not more than 30,000 acres are to be set apart in this way in any oue year; and after 30,000 acres have been so set apart, no more " areas" or " blocks" van be proclaimed uutil onethird of the whole, or 10,000 acres, have been taken up. The Act also permits of the sale of land within these " blocks" in the ordinary way, for cash, at 20s per acre. The main object for which they are set apart, however, is the settlement of the land on the deferred payment system, which we now proceed to describe. Any person, over 18 years of age, not being a married woman, nor acting as agent for another person, may apply for 200 acres, or less, iv any of the " blocks." The application is to be made to the district land officer, and to be accompanied by a deposit of six months' occupation fee, or Is 3d per acre, as well as the estimated cost of survey. This cost of survey id subsequently returned out of the fees paid by the occupier. The district officer, on receiving the application, issues an interim certificate to the applicant, and the Laud Board decides upon his application within thirty days- It the application be refused, I his money is returned ; if granted, he

receives a " license" to occupy for three years. He may then take possession of his holding, nay must, within six months, for one of the conditions of his " license" is that he shall reside on the land, if not already residing on an adjoining allotment, in which caso the area of the two together must not exceed 200 acrea. His occupation fees, at the rate of two shillings and sixpence per acre per annum, are payable every six months, in advance. At tbe end of three yeara he will of course have paid as fees saren shillings and sixpence per acre. He is further expected to have by that time cultivated one-tenth part of his allotment, fenced the whole of it with a good and substaatial fence, and made substantial and permanent improvements to the value of one pound for every acre occupied. If he fails in any of his payments, or in any of the other conditions, the " license" is forfeited, with all the fees that may have been paid, and the land reverts to the Crown. But if he has been successful in fulfilling the conditions, or satisfying the Board that he has done so, he is allowed, on the expiry of the " license," to buy the freehold at 17s 6d per acre, being the difference between the 7s 6d he has paid, and 255, the price oi land alienated on deferred payments. But if he does not like this he has an alternative. He may exchange his " license " for a " lease," for seven years, at half-a-crown per acre per annum. Having paid 17a 6d in this way by instalments, he is entitled to a Crown Grant. After the termination of the three years' *' license," and during the currency of the seven years' " lease," the land is practically transferable, as the occupier can have his Crown Grant at any time on payment of the balance still due of the 25s per acre at which the land ia valued. The only conditions of importance provided for in the Act to be embodied in tbe " lease " are regular payments and residence. The Board, however, may add other conditions. If any conditions are left unfulfilled the " lease," like the '* license,'* lapses, the fees paid are forfeited, and the land becomes the absolute property of the Crown. These are the main features of the deferred payments system. But now, in clause 64, cornea another provision, ofconsiderable interest. In those hundreds which have been sanctioned to be sold at an upset price of lCs per acre, " blocks " for settlement on deferred payments may be act aside, on similar conditions to those above described, with two very important differences, viz. — the area which may be taken up by one individual is extended to 320 acres, instead of 200 ; and the price is reduced to one half, that is to say, Is 3d per acre per annum, instead of 2s Gi, and 12s 6d per acre as payment in full, instead of 255. In this case the condition of personal residence is not insisted on, at Jeast for those who are already freeholders, and the language may be held to cover ail c ises. Thus any mnn may become the owner of 320 acres of freehold, by a yearly payment of £20, for ten years. Whether any such low priced " blocks " will be proclaimed, or not, we cannot of course predict, but the Act confers the power to do so, in this case not on the Superintendent and Provincial Council, but on the Laud Board. With this the great interest attaching to the new measure, fur most of our renders, will cease. We note one or two other points?, howe\er, which are of importance. Hundreds may bo proclaimed by the Governor in any part of the Pro vince to which the Act applies, on the recommendation of the Superintendent and Provincial Council. Before any hundred is declared the Commissioner of Crown Lands and the Chief Surveyor must certify that it contains at least one third part of arable laid. When it shall appear on petitioa that in any district, which has been open fur settlement either j by deferred payments or otherwise, 50 adults, occupying 5003 acres, or an average of 100 acres each, have settled within a circle of five mile* diameter, and have made £1.000 worth of improvements, the Act directs that a hundred shail be proclaimed around and to include such district. The privilege of electing wardens to administer the affairs of hundreds, which had beeu withdrawn by the Amendment Act of 18G9 7 and the powers transferred to the Waste Land Board, is now restored, much as it w.is under the Act of 1806. The other provisions of the Act are, in most important respects, simply re-enactments of the previous law. The measui'e as it stands is a strange melange. It bears many marks of the_. 1 roujjh \^iuill*rg--rfr--tiznr'~TGC&TBJT^ and affdTds clear evidence of the divergent and even contradictory views of those who have foug'it over it. It is but right that those of its provisions which are intended to encourage settlement, but which it rests with the Executive and Provincial Council to put in operation, Bhould have a fair trial. No regulations which aim at the bona fide settlement of the land, can, in our opinion, be too liberal, if such j liberality secure them success. In this spirit we hope the new Act may be administered ; and while its glaring defects and inconsistencies must be obvious to all, there will be time enough to amend them before much harm has been done, if it is really desired to convert the present measure into a truly liberal and popular laud law.