WASTE LANDS BOARD.

Tuapeka Times, Volume VII, Issue 406, 7 November 1874, Page 3

WASTE LANDS BOARD.

The regular weekly meeting of the Waste Lands Board was held on Wednesday last. There were present : Mr. A. 0. Strode (in the chair), and Messrs Butterworth, Clark, and Reid. BANKLEBURN AND TUAPEKA WEST— APPLJ[TIONS FOR SAW MILL LEASE. Messrs Connell and Moodie, for Messrs Herbert, Mackney, and Co., submitted plan of their sawmill lease applications for sections 1, 2, and 3, block VTIL, Rankleburn, and section 2 block IV., Tuapeka West, and asked a reduction in the rent for the patr not covered with forest. They wanted 320 acres instead of 160 as first applied for. There were no other applicants for the land, and the 160 acres first applied for had not sufficient timber on it to keep the mill going. They did not desire the land not covered by forest, and if they had to take it to satisfy the Board's regulations as to the shape of area of lease, they wished a reduction in rent for that part. It was resolved that the lease be granted, and that it should not include the land not covered by forest. DISPUTED BOUNDARIES, Messrs Connell and Moodie, for Mr. J. F. Herbert, gave notice that they would applito have the plan of the lease of Run 212, Amended. The following letter was read :— " Dunedin, 30th October, 1874. "To J. T. Thomson, Esq., Chief Commis- , aioner of the Otago Waste Lands Board. " Sir, — We have the honour, on behalf of j Mr. John F. Herbert, lessee of Run 212 A, to give you notice that it is our intention to apply to the Waste Lands Board at its sitting on the 18th proximo, to amend the plan upon the margin of the lease of Run 212 A, so that the plan may coincide with the east boundary of the run as originally determined (between runs 212 and 178), and distinguished by a green colour on the official maps, with the description in the boundary ' of Mr. Herbert's lease. "We may mention that Mr. Fitzclareace Roberts, the lessee of Run 178, disputes Mr. Herbert's right to the country up to the green line aforesaid, and we have therefore to request that you will be good enough to send him notice of our application. "As the case involves the question of the ownership of a considerable piece of valuable country, and as the consideration of the matter by the Board will, from the nature of the case, necessitate the hearing of evidence, and involve the expenditure of, we estimate, an hour of the Boards time, we shall be glad, if more convenient to the members of the Board, if you will appoint a day to hear the case as nearly at the date mentioned above as the convejiience of hue Board will admit. We have, &c., "Connell & Moodie, "Agents for John F. Herbert. "P.S. We may mention that until the ownership to this piece of disputed country is settled by the Board it will be impossible to adjust the claims of the respective lessees to compensation for concellation of their leases by proclamation of the Herriot Hundred."

Mr. Connell remarked that he did not now wish to go into merits of the case, but there was a matter which lie wished to mention. It was that he believed there was a feeling in the mind ' of the Chief Commissioner that all cases of dispute between tenants of the Crown should not be interfered with by the Board— that the Board should not decide upon, them as the tenants had the right of appeal to the Supreme Court. Mr. Connell quoted clause 15 of the Act of 1866, under which Act the leases were held, to show that the dispute was one for the Board and not for the Supreme Court to determine He also quoted section 12 of the same Act on the point. He mentioned that the area of land in dispute was about 3000 acres, and contended that if the Board would not do what he submitted it was by law required to do, namely, decide such cases, it would be throwing up one of its moat important functions. The Board, he submitted, has clearly a judicial function.

Mr. Reid differed with Mr Connell.in the interpretation of the clauses quoted, considering they did not apply to such a case as this, and thought it advisable that the opinion of the Provincial, Solicitor should be obtained on the point.

Other members of the Board also deemed it advisable that the opinion of the Solicitor be obtained, and

It was resolved that the Solicitor's opinion as to the powers of the Board to adjueate on the matter be obtained.

ROAD TO WAIPORI BUSH.

Ranger Valpy reported recommending that a practicable road should be laid off to the Waipori bnsh, and that a road-line should be reserved on each side of' the Waipori' river, in block XV., Maungatua. It was resolved that the reservation recommended, be approved of, and the matter was referred to the Government in order that a survey might be effected. BEAUMONT. — APPLICATION TOE RESIDENCE AREA. Mr. H. M. Henderson applied to purchase his residence area on section 26, block 111., Beaumont. Resolved that the area he sold by auction at £2 per acre upset, valuation to be allowed for improvements. » APPLICATION FOB AGBICULTUBAL LEASEHOLD. Mr. William Waugh applied to purchase section -34, block 1., Benger, held by him under agricultural lease. Aplication approved of. GOLDBTELDS APPLICATIONS TO PURCHASE LAND. Were made, as follows :—: — Mr. J. Hamilton, section 1, block 111., Tiger Bill, • r , ' Mr. R. M'lntosh, section 1, block 1., Lander, and section 2, block 111., Tiger Hill. - -«^. Consideration of these applications was adjourned till the proclamation cancelling the leasehold over the land included in these applications had appeared. EECONSIDERATION OP DECISION. Mr. Clark asked that the decision of the Board to offer sections 1, 2, 3, and 4, block III.," Table Hill for Bale be Teconßidered. It was resolved that the land be not sold, and that His Honor the Superintendent be asked to consent to this course. The land it was minuted, had been offered for sale in error it having been previously reserved from sale by minute from Board of sth February, 1874. APPLICATION POR LAND ON GOLDFIELDS. Wardens' reports were received on the folowing applications, and decisions come to were as lollows : — Thomas Murray, section 25, block V., Table Hill, application approved, sale to be effected in terms of minutes of 30th September last, namely ;—"; — " To be referred to the District- Land Officer, and if he recommend it to be sold, it be advertised for 30 days, and then be opened to public application." Messrs Gillies and Street for applicant. James Sutherland, section 22, block VI., Table hill. Land to be sold- by auction as land of special value, having been so long withheld" from sale, and at, the upset price of £1 Is per acre. Reiver bank to be reserved. J. GK Gray^aections 2 and 4, block 1., Table Hill, ResolvSd to sell by auction as recommended by District Land Officer, water-race going through it to be reserved in terms of section 67 of the Waste Lands Act of 1872. Messrs Gillies and Street for applicant. James Keppel, sections 20 21, and 22, block VI., Tuapeka West. Application approved. S. White, section 41, ,block XVIIL, Tuapeka East, Application approved, jteser-

vation to be made in terms of recommenda* tion of the District Land Officer. H. Roulston, section 6, block VI., Table Hill. Application approved. APPLICATION POB. MINING LEASE. Messrs H. D. Monk, J. C. Pousonby, and G. H. Turner, applied, for a mining lease of the beach from below the Coal Point to the Tokomairiro River, for mining for gold. The extent of beach applied for is about eight miles. The remark was made that the Board could not deal with the foreshore. Consideration was adjourned until applicants appeared in person to explain, or sent Bomo one on their behalf.