THE GLENKENICH LAND SALE.

Tuapeka Times, Volume VI, Issue 270, 3 April 1873, Page 8

THE GLENKENICH LAND SALE.

A matter pertaining to the sale of the Glenkenich Crown land — an area of over 4000 acres — now advertised for sale by auction, and future Government land sales, came before the "Waste Lands Board on Thursday last. Captain M'Kenzie, on whose run the land is situate, and on whose application it • was opened for sale, requested to have the Boards-i nterpretation of clause 38 of the Otago "Waste Lands Act, 1872. Captain M'Kenzie wanted to know whether an applicant for land should pay a deposit of 10 per cent, in making his application. It appeared, he said, to have been tbe custom not to take this deposit since the Act of 1872 came into operation, and he considered such a deposit should be made, as otherwise when there was only one applicant for land a class of people would put in dummy applications, and extract money from bond fide applicants. The Chief Commissioner remarked that there was some ambiguity in the 38th clause, and read the following portion of it : — " Any person desirous of purchasing rural land shall make an I application in writing for the purchase thereof at the Land Office of the district in which the land applied for is situate, and in a form to be by the Board prescribed, and every such application shall be accompanied by a deposit of ten per cent, upon the "upset price,, and shall be forthwith forwarded to the Land office in Dunedin;' <fee. The ten per cent, deposit, he said, should be sent from the district office ! to*-Dunedin. There was no district \ office as contemplated by the Act, and he had given it as his opinion to several i persons that there was to be no deposit on applications under the circumstances. Of course, if the Board overruled him, he would adhere strictly to their ruling. Captain M'Kenzie remarked that if there were no district land offices as contemplated, he considered it would be carrying out the spirit of the Act to have a deposit of jen per cent, accompanying the applications made at Dunedin. Mr. Tolmte's solution of the difficulty was this: — There had been a misapprehension on the part of the Land Office as to what should be done in such a case ; deposits had been received ; and he thoughc this case should be dealt with as if those deposits had been received, and this application be dealt with in the ordinary manner by the land being put up for sale by auction ; but that in future every application — and he thought this should be particularly affirmed by the Board— should be accompanied by a deposit to show it was j bond fide, and that the deposit should be received JBond fide purchasers were often subjected to harsh treatment by some persons. In this case the applications should be dealt with as though the deposits had been made. Capt. M'Kenzie asked that a decision of the Chief Commissioner that the land he had applied for at £1 an acre, "be put up for sale by auction," be rescinded. He pointed out that if another person made an application for 100 acres of the land he had applied for, and the land was put up to auction, the Government would not be in a position to fulfil bis (Capt. M'Kenzie's) tender. He had only applied to purchase a certain area at £1 per acre. Mr. Clark objected to the idea of selling land without the public having the opportunity of competing. The Chief Commissioner remarked that there being more then one application for the land, he had, iv the usual course of routine, ordered its sale by auction. Captain M'Kenzie stated that he had put his application in with a deposit ; the applications of the other persons were, he had been informed, not ac- j companied by deposits. The land, he argued, should be sold to him- at £1 per acre, as he was the only legal applicant. The Chief Commissioner read the 35 th clause of the Waste Lands Act to show that no such technical advantage could be taken in regard to the lands under lease at the time application was made to purchase them. Captain M'Kenzie, after some turther remarks: The Board can plainly see what I am driving at. I want to get the land at £1 an acre, and I think if I can get the land at£l an acre I should try to do so. What I want to know is, if a deposit accompanied these other applications? If no deposit accompained them, I claim that I am the only legalapplicant ; that the land must be given to me without beiug put up to auction, and at £1 an acre. Mr. M'Gowan, Clerk to the Department, being called into the meeting room, said the other applicants offered to tender a deposit, but be declined it, it being considered not neecessary. Captain M'Kenzie : Did any of them actually tender a deposit ? Mr. M'Gowan : I think, one of them did, but I. am uot positive. It was theu remarked to Captain M'Kenzie, that the laud would be put j up for sale by auction. - ■ * Capt. M'Kenzie (to the Chief Commissioner) : Supposing T wish -to appeal against the decision of the Board, have I £ot to give notice at the present thue ? The Chief Commissioner: Tou had better consult a lawyer ; I am not competent to advise you. Capt. M'Kenzie : I may state that I give formal notice of intention to ap-

peal. I have sought no legal advice on- the matter, and I don't know if I will appeal ; but I give notice to keep myself from being precluded from ap- ' pealing at some future time. The Board decided to sustain the di- j rectiou of the Chief Commissioner to { have the land pnt up for sale by auction. On the other point it recorded the following minute : — " The* Board decide that deposits must be taken on applications, whether at the he^ld or district offices, and that the same be held by the Eeceiver of Land Eevenue till the Auction sale is concluded, j and failing a sale at auction all deposj its to be forfeited." i The Chief Commissioner suggested ' the case of a bidder, not being a de1 positor, having the land knocked down to him, and then not completing the sale ; but the way of dealing with such a contigency was. left an open question. — " Daily Times."