The Westport Times. FRIDAY, MAY 8, 1874.
It is stated, and possibly on good authority, that the Provincial Grovcrnmcut will, during the present session, attempt in earnest to consolidate the various, the conflicting, and contradictory regulations afl'ccting disposal and tenure of Crown Lands throughout the province, making one law, and one only, for what —wanting better desig-nations-—arc still described as the settled districts and goldfields districts. We may hope that this means giving greater facilities to the honajidc settler for obtaining land wheresoever he needs it, at a price and on terms within his means, and without being subject to the absurd restrictions that has driven many an honest hardworking man, iu sheer disgust, across tho
borders of the province. True it is that the province has few lands at all to dispose of compared to her sister provinces, and the best of the unalienated acres are in places as yet well nigh inaccessible by reason of lacking roads or bridges, but still there are many thousand acres scattered here aud there, whereon industry, cheered by the right of undisputed possession, will work wonders, and there is no just reason why, under judicious control, land revenue should not form an important item in the provincial income, instead of representing as at present au indefinite and undefinable quantity. But in thus consolidating the land regulations as proposed there is one important interest that should not bo overlooked. In fact it is only reasonable to presume that it will not. We mean, of course, the gold mining interest. It has troubled provincial legislators in New Zealand, as in Australia, to equitably define tho line of demarcation between auriferous aud agricultural land, between the right of the miner who delves for gold and the right of the pioneer who cleaves his way through fell and forest aud makes the desert to bloom as a garden. It has perplexed even miners aud their co-mates in the work of civilization to solve the problem how to satisfy each without wronging either, aud tho Nelson Provincial legislators will achieve no mean renown if they are able, at a leap, to clear the difficulty. Unfortunately the mining industry in the province is but theindustfyof scattered workers. There is no unity of interest among them, no bond of connection which might enable them to consult aud act advisedly together, and of their practical knowledge impart somewhat to those, who from the very nature of surrounding circumstances can but theorise in law making. It will we opine be found a comparatively easy matter to devise regulations for the occupation of lands for the purposes of settlement, but not so easy to regulate the terms whereby the alienation of laud from the gold miner may bo avoided. And again there will be difficulties crop up in adjusting the right to have and to hold as between the miner aud agriculturist Bearing on this particular point the report of tho Otago Mining Conference, 187 i, as presented to tho Honorable Premier aud members of the Colonial Executive, gives some valauable suggestions, and in the interests of the mining and agricultural community of this province, might well be accepted as propounding useful and practical ideas. On the occupation of Crown Lands on the geklfields, the report thus speaks : " The right to occupy Crown lands for goldmiui'jg purposes was necessarily considercd the foundation of all goldfields legislation. The Conference, while engaged in the consideration of tho law as at present in force, had still to regret that, in spite of the recommendations of the Conference of 1572 and the Otago Commission of 1871, the defects complained of are still without remedy. Tho miner's right, considered as a source of revenue and element of title, often is the cause of great hardship to owners of mining property. Considering the high export duty charged on gold, and that where no duty is charged—as in Victoria — the price of such right is only ss, it appears unreasonable that so high a charge as £1 should be exacted. It i? not, however, only the mere pecuniary burden of being compelled to take out and punctually renew a miner's right which weighs upon the miner, but the fact that neglect to do so involves the loss to him of his property and rights. This is a view of the question which has already forced itself upon the consideration of Parliament, and by section 5 of the " Gold fields Act Amendment A.ct, 1509," au attempt was made to provide a remedy. The Conference recommends that the matter should be made the subject of careful consideration, and that provision should be also made for protecting the revenue (should it be considered necessary henceforth to raise revenue in this way) by the imposition of moderate penalties not involving such grave forfeitures. They are also of opinion that miner's rights should be made available for the occupation of Crown lands throughout the Colony, without regard to the Province in which they may have been originally issued ; that miners' rights should be issued for terms of years, and consolidated miners' rights for the use of public and private companies It appears most unreasonable that valuable mining property should be forfeited, owing to some defect in the proof of title through miners' rights aud their renewals—a defect which an investor might not easily, at the time of purchase, have been aware of. The hardship of one individual having to submit to the maintenance of as many miners' rights as he may happen to have claims, or shares in claims, is also complained of. The Conference also wish to draw attention to the insufficiency of information afforded by tho applicants, which is, in too many cases, an obstacle in the way of reasonable objections being lodged. They would recommend that all applications be heard by the District Land Boards, and that survey should in all cases precede hearing ; that definite boundaries and precise localities should be clearly stated in the necessary ad-1 vertisements; and that, where a suspicion arises during a first three year's lease that tho ground is payably auriferous, a renewal of lease should be only conceded, and the Crown grant; be withheld. The Conference wish to endorse the following rccommendatiou
of the Coiiferonco of 1872, as being especially wise and likely to prove beneficial: —' For the better protection of the auriferous lands of the Crown instead of tho right of entry being bound up in tlie Superintendent and Executive, as the present law enacts, if such lands are required for raining, a clause that would act fairJy might bo introduced, conferring on the miner a right to enter at any time on such lands by paying a deposit of a fixed sum for each acre he includes in his claim. This deposit could be made large enough to cover any surface; damages incurred j and, if successful in getting payable gold, the miner should bo entitled to hold tho land by paying compensation for improvements only, and nothing in respect to the land —tho said compensation to bo settled by arbitration. In the event of the miner not finding payable gold, on restoring the soil to its former state, and if no damage to the crops has occurred, he should be outitled to receive back his deposit. The evil of locking up auriferous land is just beginning to be felt, and encouragement ought not to be giveu to persons to take up lauds in the immediate vicinity of gold workings.' "
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Westport Times, Volume VIII, Issue 1174, 8 May 1874, Page 2
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1,248The Westport Times. FRIDAY, MAY 8, 1874. Westport Times, Volume VIII, Issue 1174, 8 May 1874, Page 2
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