WASTE LAND BOARD.

Tuapeka Times, Volume VI, Issue 298, 16 October 1873, Page 6

WASTE LAND BOARD.

The nsnal weelC^i meeting of the Board vrasheldon the 9th. Present— The Chief Commissioner, Messrs Bastings, Batter worth, Clark, Reid, and Strode. The following was Ihe business transacted :—: — Mr Harris, for Mr James Shand, supported his application to purchase section 2, block 2; 1, block 10 ; 1. block 11, Mount Hyde ; and 23, block 9 ; 19, block 10 ; and 1, block 16, Maungatua— 3,97o acres, part of Traquair Hundred. Decided, with the consent of the Superintendent, to withdraw the land in the Traquair and Stewart Hundreds, as being prejudicial to public interests, until the same is published for one month in the Gazette as open for application. The District Land Officer at Clyde re- - ported the refusal of Messrs Campbell and Son's application for a pre-emptive agricultural lease run 244, and asked if they had now forfeited their right to apply for a lease j on that run. deferred to the Provincial Solicitor. Mr Stout, for the Scandinavian Water Race Company, objected to the sale of the township of JSt. Bathans. Referred to the Board of Inquiry to exhaustively examine iato and report on the case. The Chief Commissioner stated that he would intimate to the Government that all contemplated land sales will be advertised, with the view of giving greater publicity to tbe same than lias bitlierto teen the case.) Colonel Uufcherford applied, under clause 91 of the Otago Waste Lands Act, 1872, for a license to occupy ten acres of the reserve section 21, block 7, Otago Peninsula, opposite his property, for a slaughter yard for the use of Mr M'Kay, butcher ; or<4;o be allowed to purchase the same. Declined. Mr Doughty, for Mr A. J. Smyth, applied for a saw-mill license over 300 acres in Glenojnaru district, on Catlin's and Owaki rivers. Referred to Ranger. Mr Carewrecommended Messrs Edward HerJbert and Horace Lyne Squires as members of the Lawrence Board of Inquiry. Recommended to the Superintendent for approval. Mr J. Bryant applied to purchase seotion 1, block 45, Queenstown. To await quarterly sale. .__ Mr Gr.F. C. Browne, transferee of Mr Wm. Auld's coal lease at Waitahtma, requested that the maximum price he is allowed to charge should be increased from 10s to 12s 6d per ton. Approved temporarily. The following was read ; — A letter from tbe Town Clerk, Queenstown, with % copy of the resolution of the Town Council there, objecting to a water-race license, from 'One Mile 'Creek to Queenstown, being granted to Mr J. W. Robertson ; and a letter from Mr Wl Turtori, Mr Robertson's solicitor, in support of that gentleman's application. Mr G. F. Ileid appeared on behalf of the applicant, The correspondence was referred to the District Land Officer for his opinion as to the correctness of the statements therein contained, some members of the Board being of the opinion that on public grounds the serious charges in Mr Norton's letter against a Municipal Council should be investigated. The Town Council of Queenstown intimated tliat they had no objection to Mr Alex. Boyne's application for * jetty license opposite block 25, Queensiown, oranteA on usual rates and terms. jlfli L. D. Nichol asked %o be allowed to exchange his application for section 77, block 7, Tuturau, for another piece, the first position given beiag erroneous. Agreed to. * Ranger Haghan recommended that the Board take charge <?f the Toetoes Hundred, the Wardens having resigned, #nd no one having attended the meeting held for a new election. Decided that tbe Board's officer, the Ranger, take charge. Mr D. Macrorie recommended that in future land sales should be held at Mataura Bridge, and not at Clinton. Approved. Mr James Smith, of Greenfields _ Station, .desired to have a decision on his application to purchase lands in. blook 1, Waitahuna West. | Postponed. - I Mr John O'Callaghan asked that his deposit ] of L 5, made on application for a coal lease »t Cardrona, should be returned, the ground prov ing not payable. Refused, Mr Richard M'Kay jisked to be paid valuation for improvements made on section 15, block 55, Glenkeneicb, purchased by Mr M'Kellar. The Board had no power. The following applications, for exchange of leaces were made and approved ;— Mr M'CprIdndftle, sections 47 and 66, block 5, Waitahuna East ;.Mx John Edie, section 40, do ; and Mr •Wm. Cfozier, sections 67, 58, and 56, do. Messrs Connell and Moodie, for Messrs C. Ij. C. and F. Fenwick, applied to purchase 80 acre 3at their homestead, run 217 b. The survey to be finished. Warden Carew reported ou fh§ application of Mr Samuel Grogan to purchase sections 2 and 3, block 3, Benger, that the Government j^ad promised the runholder to reserve them during the currency of his lease. Refused. Messrs Gillies and Street, for Mr W. Moore, applied to lease part of section 1,9, block 3, • Clarendon, for grazing purposes. To be licensed tinder clause 161 of the Act, at Ll per annum. Mr G. F. Reid, for Mr Wm. Dellow, applied for a lease of quarry reserve, section 5, block 3, Waipahee. Referred to the Ranger. THE TBAQtfAIB AJSD STUAKT HUNDBEDS. Mr J. H. Harri* appeared in support of Mr James Shand's application to purchase section 2, block 9, section 1, block 10. section 1, block 11, Mount Hyde, aDd ftsefcion 23, block 9, section 19, block 10, and section 1, block 16, Maußgaiua. — 3,970 ACst&a, losing pa*i pi the Traqtiair Hundred. Mr Harris stated thai by the operation of the Otago Hundred* Proclamations Validation Act, 1873, which has just been passed by the General Assembly, the land in the Stuart and Traquair Hundreds was now thrown open for application, Mr Shand's formal application for this land waa lodged on the previous day, and 10 per cent, on the upset price was lodged.- He therefore submitted that lie client being ihe first applicant, must, according to l»w, be declared the purchaser,— The

Chairman pointed out that a great many, appli-' cations for land in the Traquair Hundred had been made and refused. A validation Act had been passed, and the public were taken by surprise. They had not got a copy of the Act. and they did not know its tenure, but it was to be hopea it fairly considered the public and would not give any •ingle, individual an advantage over others. He thought the Board had power, with the consent of the Superintendent, to withdraw any lands from sale up to a certain date. — Mr Harris remarked, with reference to the objections raised by the Chairman, that it was not for the Board to consider what was right and proper ; it was for them to act according to law. The question to be considered was whether the Validation Act referred to was in operation, and whether it was ia operation on the previous day. If that were tha case, he contended that his client's application must take precedence above any other, and it was not for the Board to consider what was for the public interest when it was a question of law that was involved. Until the law in ques-tion-was perfectly known to the Board —which evidently was not the case at present— he would ask that the application might be deferred for further consideration. —The Chairman submitted a motion -v to the effect "that the Board, with the consent of the Superintendent, reserve and withdraw this land from sale, until properly advertised." —Mr Strode approved of the intention of the motion, but was afraid that such a decision would get the Board into a difficulty. Ignorance of the new Act would be no excuse for the Board, and he would hesitate before giving a vote that would involve them in a lawsuit—Mr Clark also thought that the course proposed by the motion was a desirable one, but he did not believe they had the power to adopt it. — The motion was put to tha vote, the Chairman and Messrs Butterworth and Reid voting in favor of it, and Messrs Bastings, Clark and Strode against it. The Chairman then gave his casting vote in favor of the motion, and the following minute was recorded :— " Resolved, that the Board, with the consent of the Superintendent, reserve and withdraw' the land in the Traquair and Stuart Hundreds are being prejudicial to the public interest, until the same is published as open for application for one month in the Provincial Government Gazette. Application refused." An application was also reoeiyed from Mr Charles Bransell to purchase section 14, block 10, Maungatua, being 50 acres forming part of the Traquair Hundred. This application was dealt with in the same manner as Mr Shand's. APPLICATION FOR ISSUE OF CROWN GRANTS. Mr W. D. Stewart moved for the issue of Crown grants for sections 141 and 142, Green Island Bush district, and also brought before the Board the question of price and interest. Mr Stewart said that this was a matter of great importance, not only to the parties whom he represented, but also to several other persons similarly circumstanced at Green Island. In 1851, Mr David Howden purchased from Capt. Cargill — who then represented the New Zealand Company — two sections of land at Green Island. The area of the land was 20 acres. The price fixed by the New Zealand Company was L 4 per acre, but there was some rivalry between the Company and Mr Mantell, who represented the General Government, and Captain Cargill was obliged to hold out strong inducements to the purchasers of land. In Howden's case, Captain Cargill told him that if he would pay down L2O, he would never be troubled for the balance of the purchase money — L 60 — as he (Captain Cargill) would write Home and have it remitted. Under these circumstances, Howden paid down L2O, entered into possession, and improved the land. Howden died a month ago, but his wife and family are living. On application being made for the issue of Crown Grants for these sections, they wer told that the grants would not be issued except upon payment of the balance of the purchasemoney — L6o— and twenty-two years' interest at 10 per cent.— -L122. In other words, they would have to pay a sum of LlB2 in respect of these two ten-acre allotments. He (Mr Stewart) believed that a case similar to the present one was investigated lately by the Provincial Government, who, seeing the justice of the occu.pant's claim, agreed to refund a part of the interest the occupant was called upon to pay before he could get his Crown grant. What he wanted the Board to do was this. In the first place, to state whether it would authorise the issue of a Crown grant on payment of a fair value for the land. — The Chairman said the Board had no power to do that. They could make a recommendation. — Mr Stewart said he would be satisfied if the Board made a requisition to the Provincial or General Gravernment, Jointing out the special circumstances of the case, and asking that the interest or a pertion ' of it might be remitted to the representatives of Mr Howden. — It was resolved that the application should be recommended to the favorable consideration of the Government on all points. ____^___^^_^___