The North Eastern Ensign at KellyGang 9/6/1874

From KellyGang
Jump to: navigation, search
(full text transcription)

THE TALLAGAROOPNA RUN

The Minister of Lands gave his final decision in the Tallagaroopna cases on Wednesday last. It will be remembered that, in February last, an inquiry was held by a special land board at Benalla into certain cases of dummyism on the Tullagaroopha run, occupied by Mr WV Fraser's son. This board found that several persons, including about half a dozen members of Mr Fraser's family;-who had taken up land on the run, were not bond-fide selectors and had not complied with the conditions, and recommended cancellation of their notices to, occupy or licenses, and forfeiture of their fees and improvements. With reference to the pastoral licensee, Mr Fraser, the board decided that he had employed these persons to select land on the. run contrary to the provisions of the Land Act, 1809. In April Mr Purves appeared before the Minister of lands as counsel for the Fraser family, placed the facts before him and suggested that justice would be met by the imposition of in mitigated penalty not exceeding £500.

Mr Casey reserved his decision, and yesterday he had another interview with Mr Purves and Mr GP Smith, the later acting as amieus curie for the Crown, at which the question as to the penalties to be inflicted was considered. After lengthy arguments, it was finally determined that the selections of three members of the Fraser family should be absolutely forfeited, together with all improvements effected thereon, and that the allotments should be sold by auction with a valuation in favor of' the Crown to the amount of £475-in other words, the Crown will receive that sum out of the purchase money. It was also determined that the selections of three other members of the family should be forfeited and sold by auction, with a valuation, in favor of the licensees; that-the rents paid on all the selections, about £500, should be forfeited; and that the pastoral license should be forfeited, but that a new one should be issued to the present holder on payment of a penalty of £60 and all the back rents. The aggregate penalties thus imposed may be roughly estimated at £1,000.

Mlr Purves, who also represented the National Bank, the mortgagee of the run, consented to this decision on their behalf. The following is the Minister's detailed decision :-

l. That the selections of John Fraser David Fraser, and Grace, Howe should be absolutely forfeited with all the improvements effected thereon, and that the allotments should be sold by auction with a valuation in favor of the Crown.

2. That the selections of Mary Fraser, William Fraser, jun., and Anne Taylor Fraser should be forfeited and sold by auction with a valuation in favor of the licensors; the valuation of improvements to be that already effected by the Crown Lands bailiff. With. regard to the pastoral license of Tallngaroopna run, as there is actually no license at present, the forfeiture is merely nominal, and a fresh license was ordered to be issued to the present holders and mortgagees, dating from lst January, 1874, on payment of all back payments of the run, and a penalty of £50. The other penalties are made up as follows:-Rents already paid on selections, £444 ; improvements forfeited on John Fraser, David Fraser, and Grace Howe's selections,. about £478 as per valuation.


 ! The text has been retyped from a microfiche copy of the original.

We have taken care to reproduce this document but areas of the original text may been damaged.

We also apologise for any typographical errors.