41
for probate purposes. We venture to say that, until this discuss -
ion began, land valuers (both Government and civil) gave no thought
to the unexpired periods of the leases, provided that such leases
contained the well-recognised term of 75 years. In fact, a general
understanding grew up that, at the end of the 75 year leases, Crown
rents would be increased to the then prevailing rates in the locality
but that no other expense would be incurred.
20.
Instead, the public now finds that lessses are expected to
buy back both house and land; for the official method amounts to
that, whether the transaction is entered upon in the last days of
the expiring lease or twenty years before that time.
21. Some remarks contained in the Report of the Land Commission
1886-87 are strong confirmation of the view that, because the
Government is in the position of land monopolist, the public has
never expected that its "pound of flesh" would be insisted upon.
The contract has not been regarded as one between two individuals
and it was never expected that the landlord (i.e., the Crown) would
enforce against the lessee the full rigours of the leasehold system
-- a system which has been severely criticised by many writers.
22. The members of the Land Commission of 1886-87 included the
Chief Justice of the Colony, the Attorney-General and the Surveyor
General (the equivalent of the office now entitled Director of Public
Works). These gentlemen must have shared between them full knowledge
of the leasehold system of land tenure and of the procedure which
has normally to be followed at or near the expiry of lease. Yet,
when they considered the 75 year leases they did not write that
lessees would eventually be faced with certain liabilities. On the
contrary, they assumed that the Government would be the party which
would take action to ameliorats the difficulties which would arise.
They wrote:
"Before very long it will be necessary that some- thing should be done in reference to the leases for 75 years.
The same difficulties will soon arise in dealing with them as arose with the 75 years leases granted in the early days of the Colony, when the lct Folders looked forward to the fact that the termination of their leases was within measureable distance; to remedy which the term was catended for a futher period