MB. BUSBY'S CASE.

New Zealand Herald, Volume V, Issue 1490, 3 September 1868, Page 5

MB. BUSBY'S CASE.

We publish a Beport of the Selcct Committee, in reference to the action taken by tho Auckland Provincial Government, barring Mr. Busby's power to swallow up the Provincial estate. Tho Bill which is to give force to this report has not yet been given to the public; but there is no doubt the member for the Bay will not relax his efforts to provide handsomely for so important a constituent as Mr. Busby.

Mr. Carloton, from tho Select Comtnitfcoo on " The Land Claims Arbitration Act, 1567," brought up a Report, and tho tame was road as followeth: — Tho Committee appointed to inquire into and report upon all proceedings tak»n under or in connection with " The Land Claims Arbitration Act, 1867," uud in relation to the award made by tho Arbitrators, have the honor to report as follows : — That tho Committee aro of opinion that tho action of tho Provincial Government of Auckland, in withdrawing certain lands from the operation of the scrip issued under tlio provisions of "Tho Land Olaiuiß Arbitration Act, 1667," has so far readerod nugatory the objects of that Act that it is necessary to_ make further provision for giving effect to the intention of the Legislature. That to this end tho Committee recommend that the' Claimant should at once be authorised to selootin part or whole satisfaction, as the case may he, o£the scrip issued to him, any lands remaining unsold which have heretofore been offered for sale under the existing Land Regulations of the Province, suoh selections to take place at the upset price at which the lands were so offered. That in the opinion of tho Committeo, Mr. Busby should, in addition to the power mentioned in the first resolution, have, for ft period of twolve calen nr months, computed from the 20th day of August, 1868, a right to exorcise his scrip over any town or suburban lands already proclaimed, and over all othor lands of the Province within tho operation of The Auckland Waste Lands Act, ISG7," at tho following prices, that is to say : — For land proclaimed as town or suburban land before the 20th August, 1868, tho proclaimed upset prico for the same. For all other land, at; tho rate of 10s. per aero. And that in cose any portion o ■ the scrip shall remain unapplied within the term aforesaid, such rosidue shall be exercised in manner provided by " Tho Land Claims Act, 1867 and that the operation of " The Auckland Lands Aet, IS67i" be suspended, pending the absolute > iy'tt of selection to be given to Mr. Busby. That section 2S of " Tho Auckland Watte L and Act, 1567," shall apply to the survey of any land to bo selected by Mr. Busby; but in case tho Provincial Surveyor should, except on reasonable causo to be stated in writing, refuse to approve of tho surveyor appointed by Mr. Busby, or to fix a reasonable price for the cutting of such survey, thoa the approval of such surveyor and the filing of such prico Bhall be made and determined by the Colonial Secretary of New Zealand. That the Provincial Government should have power to compound with Mr. Busby for tho liquidation of his Scrip in Proviccial lands at any prices, although less than lOj per acre, which tho Superintendent m-.y approve; anything in section 3-1 of the Auckland Waste Lands Act to the contrary notwithstanding. That tho Committee consider it their duty specially to invite the attention of the Legislature to tho system of Free Grants of Land now in force in tho Province of Auckland. Tho evidence' before the Committee reveils a danger that the lards of the Province may probably prove inadequate to meet, equitably, the Scrip and Free Land Orders alroady issued; and the Committee ask leave to recominoud the immediate abolition of tho system of Free Grants. We may add that tho only Auckland members that sat on this Committee wero Mr. Carleton (the Chairman), and Mr. Clark, the latter of whom fathered this cause celebre, through tho Provincial Council, in 1867, thereby obtaining for it a locus standi in the House of itepresentatives, which it would scarcely have obtained on its own merits. Whether the Provincial Council knew what it was doing jvhen it remittod this subject to the consideration of the General Assembly, instead of investigating and adjudicating upon the case themselves, we leave it to that honorable body to say.