5324
REPORT OF THE CROWN RENTS' COMMISSION.
306
We, your Excellency's Commissioners, appointed to enquire into and investigate certain complaints made by the holders of Crown Lands in the less populous parts of the Colony alleging that the rents reserved by the Leases thereof are greatly out of proportion to the real value of the said lands, and prohibit the complainants from turning the said lands to profitable account; and to enquire into and investigate the scale of rents now chargeable upon Crown Lands in different parts of the Colony; and report whether in our opinion the rents now chargeable upon Crown Lands seem to admit of modification,-have now to state to your Excellency, that we have enquired into and considered the subjects so referred to us, and have agreed to the following Report:-
1. Such portions of Crown Land as are under Lease, and are situate within the City of Victoria, are divided into Marine Lots and Inland Lots. The Marine Lots (with the exception of Lots 20 and ... and a few others) are now held upon Leases for nine hundred and ninety-nine years, at a uniform annual rent of £40 per quarter acre, and comprise all the leased land between East and West Points abutting on the present Praya, or the harbour, or which, though now left inland by successive reclamations of the bed of the harbour, formerly abutted upon the original foreshore.
The rent of £40 was fixed by agreement between the Crown and the tenants who contributed to the cost of the Praya, and has been charged upon all Marine Lots alienated since that date.
The Inland Lots comprise all other leased land within the City of Victoria, and in like manner are held upon Leases for nine hundred and ninety-nine years, but at rentals varying according to the situation of the several lots, and of amounts not reducible to any rule.
2. In the early days of the Colony, the lots were submitted to public competition at an upset yearly rental, and the person who offered the highest yearly rent became the lessee. This system of disposing of Crown Leases was afterwards abandoned, and it became the practice for the Governor to determine the rent of each lot, and to declare the amount, when giving notice of the land being open for lease.
The auction principle was however retained, the Leases were submitted to public competition and the person who offered the highest amount of premium, in addition to the rent, became the lessee. If there were only one applicant, he obtained the Lease for the advertised rent.
More recently, it has become the practice for the Governor to declare a certain amount of premium in addition to the rent, and the lessee is the sole applicant, or the person who offers the greatest advance upon the upset premium.
3. Such portions of Crown Land as are under lease and are situate outside the City of Victoria, are classed as Farm Lots and are held upon Leases for seventy-five years, at rentals determined by the Governor, and varying in amount according to the value of the soil, or the situation of the land, but not reducible to any rule.
4. Besides the lands held upon Lease, some small portions of Crown Lands at a distance from the City, or of small value, or required for temporary purposes, are held under a Licence, renewed from year to year, but revocable at short notice, and at a proportionately low rent.
There are also small portions of land in some of the outlying villages held by those persons, or their descendants, who were in possession when the British first occupied the Island, and have been allowed to retain possession on payment of a small annual rent to the Government.
Holdings of these two classes scarcely come within the scope of the present enquiry, but it would have been improper to pass them over without mention.
5. In the absence of any fixed scale of rent applying to the whole Colony, or even to particular districts, we are unable to offer any opinion as to whether the rents, as originally fixed, were out of proportion to the then value of the land: they are undoubtedly out of all proportion to the present value of many of the lots. But it must be borne in mind, that the rents now chargeable are so by virtue of contracts which the Crown tenants must have thought reasonable when they first entered into them, and we cannot predict that this land will always remain at its present low value. Therefore, it seems to us that any modification of these contracts is admissible, in the case of individuals, only upon proof of exceptional conditions, which have not been caused by the tenants, and from which their neighbours are exempt; or, in the case of a district, in consideration of circumstances which affect all the landowners within it, which are likely to continue, and from which other districts do not suffer.
6. With this view, we have carefully enquired into the condition of the districts of Wanchi and Bowrington, to which most of the complaints related, and to which our attention was especially drawn by the instructions accompanying our Commission.
The evidence has satisfied us, that in this portion of the City, taken as a whole, the tenants of the Crown are suffering from a depreciation of property which does not press in an equal degree upon the tenants in other districts of the City. It appears that during the last ten years, rents have fallen as much as 40 or 50 per cent, and while the houses and godowns now on the ground can scarcely find tenants, there is no inducement for the holders of vacant allotments to turn them to account by building. Chinese houses cost about $500 a piece to build, and, if let, would at present rates bring in from $40 to $60 a year, of which the Crown rent would absorb from $8 to $12. There is, however, a limited demand for these houses, and there appears to be no encouragement for any other class of Building,
5324
REPORT OF THE CROWN RENTS' COMMISSION.
306
We, your Excellency's Commissioners, appointed to enquire into and investigate certain complaints de by the holders of Crown Lands in the less populous parts of the Colony alleging that the rents Irved by the Leases thereof are greatly out of proportion to the real value of the said lands, and hibit the complainants from turning the said lands to profitable account; and to enquire into aud estigate the scale of rents now chargeable upon Crown Lands in different parts of the Colony; and report whether in our opinion the rents now chargeable upon Crown Lands seem to admit of dification,-have now to state to your Excellency, that we have enquired into and considered the bjects so referred to us, and have agreed to the following Report:-
1. Such portions of Crown Lund as are under Lease, and are situate within the City of Victoria, divided into Marine Lots and Inland Lots. The Marine Lots (with the exception of Lots 20 and and a few others) are now held upon Leases for nine hundred and ninety-nine years, at a uniform nual rent of £40 per quarter acre, and comprise all the leased land between East and West Points utting on the present Praya, or the harbour, or which, though now left inland by successive recla- tions of the bed of the harbour, formerly abutted upon the original foreshore.
The rent of £40 was fixed by agreement between the Crown and the tenants who contributed to
e cost of the Praya, and has been charged upon all Marine Lots alienated since that date.
Ad
The Inland Lots comprise all other leased land within the City of Victoria, and in like manner are upon Leases for nine hundred and ninety-nine years, but at rentals varying according to the stion of the several lots, and of amounts not reducible to any rule.
2. In the early days of the Colony, the lots were submitted to public competition at an upset arly rental, and the person who offered the highest yearly rent became the lessee. This system of sposing of Crown Leases was afterwards abandoned, and it became the practice for the Governor to termine the rent of each lot, and to declare the amount, when giving notice of the land being open r lease.
The auction principle was however retained, the Leases were submitted to public competition and e person who offered the highest amount of premium, in addition to the rent, became the lessee. there were only one applicant, he obtained the Lease for the advertised rent.
More recently, it has become the practice for the Governor to declare a certain amount of premium addition to the rent, and the lessee is the sole applicant, or the person who offers the greatest vance upon the upset premium.
3. Such portions of Crown Land as are under lease and are situate outside the City of Victoria, re classed as Farm Lots and are held upon Leases for seventy-five years, at rentals determined by the overnor, and varying in amount according to the value of the soil, or the situation of the land, but ot reducible to any rule.
4. Besides the lands held upon Lease, some small portions of Crown Lands at a distance from the ty, or of small value, or required for temporary purposes, are held under a Licence, renewed from ear to year, but revocable at short notice, and at a proportionately low rent.
There are also small portions of land in some of the outlying villages held by those persons, or heir descendants, who were in possession when the British first occupied the Island, and have been lowed to retain possession on payment of a small annual rent to the Government.
Holdings of these two classes scarcely come within the scope of the present enquiry, but it would ave been improper to pass them over without mention.
5. In the absence of any fixed scale of rent applying to the whole Colony, or even to particular istricts, we are unable to offer any opinion as to whether the rents, as originally fixed, were out of roportion to the then value of the land: they are undoubtedly out of all proportion to the present alue of many of the lots. But it must be borne in mind, that the rents now chargeable are so by irtue of contracts which the Crown tenants must have thought reasonable when they first entered to them, and we cannot predict that this land will always remain at its present low value. There ore, it seems to us that any modification of these contracts is admissible, in the case of individuals, only Ton proof of exceptional conditions, which have not been caused by the tenants, and from which heir neighbours are exempt; or, in the case of a district, in consideration of circumstances which ffect all the landowners within it, which are likely to continue, and from which other districts do not
uffer.
6. With this view, we have carefully enquired into the condition of the districts of Wanchi and Bowrington, to which most of the complaints related, and to which our attention was especially drawn by the instructions accompanying our Commission.
The evidence has satisfied us, that in this portion of the City, taken as a whole, the tenants of the Brown are suffering from a depreciation of property which does not press in an equal degree upon the senants in other districts of the City. It appears that during the last ten years, rents have fallen as much as 40 or 50 per cent, and while the houses and godowns now on the ground can scarcely find enants, there is no inducement for the holders of vacant allotments to turn them to account by build- Chinese houses cost about $500 a piece to build, and, if let, would at present rates bring in from 340 to $60 a year, of which the Crown rent would absorb from $8 to $12. There is, however, a mited demand for these houses, and there appears to be no encouragement for any other class of Building,
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