:i\—No. 10

4

PAPERS RELATIVE TO THE

the Tuapeka to its junction with the Clutha Eiver, and that this proposal, with the exception of that part referring to the boundary, has been confirmed by the Council. As it now rests with your Honor to give effect to the recommendation, I have the honor respectfully to request that when you transmit such proposal to His Excellency the Governor you will also transmit this protest against such action on the following grounds : — 1. I have only very recently consented to reserve 3,000 acres for the use of miners on my run. 2. That it has hitherto been an acknowledged rule that the evidence of the pastoral tenant of the Crown should be taken in all cases when Hundreds are proposed to be proclaimed. 3. That I have not been consulted on the matter, and my evidence has not been asked by the Select Committee of the Provincial Council. 4. That the Chairman of the said Committee stated in the Provincial Council, that no evidence was taken specially regarding this matter, but was brought forward by one member of the Committee when the report was all but closed for presentation to the Council. 5. That the adoption of boundaries as indicated would only give about one mile in depth from the Tuapeka Eiver, so that it could only be useful for mining purposes ; or, if occupied by stock, it would be a source of constant annoyance, trouble, and loss to me, as pastoral tenant of said run. 6. That the proclamation of an adjacent block of 10,000 acres, together with existing commonage in Tuapeka District, is amply sufficient for all the requirements of iona fide settlers and miners in the said district. 7. That I would further respectfully submit that if it is decided that 5,000 acres of my run should be proclaimed into a Hundred, it ought to include the 3,000 acres lately given up by me, and that the boundary should be simply an extension of said block. I have, &c, His Honor the Superintendent, Province of Otago. James Smith. Eesolutions oe Provincial Council, Otago. 1. That it is not desirable that the prayer of the Hawkesbury petitioners should be granted. 2. That there is no necessity at present for a Hundred at Mataura. 3. That the consideration of a Hundred at Switzers be referred back to the Government to deal with. 4. That there is a necessity for a new Hundred of about 20,000 acres at Tapanui, said Hundred to be on the east bank of the Pomahaka Eiver, and the boundaries to be, as nearly as possible, as delineated by a red line on the map. 5. That there is a necessity for a new Hundred of about 25,000 acres, adjoining the old Clutha Hundred ; the boundaries to be decided by the Government. 6. That there is a necessity for a new Hundred of about 20,000 acres, on Euns 78 and 31; the boundaries to be decided by the Government. 7. That there is a necessity for a new Hundred of 20,000 acres at Strath Taieri; boundaries to be as recommended by the Government. 8. That there is a necessity for a new Hundred of about 15,000 acres at the Beaumont, said Hundred to comprise the 10,000 acres recommended by the Government, and 5,000 acres on Eun 123. 9. That there is a necessity for a new Hundred at Shag Valley, said Hundred to comprise those portions of Euns 109 and 80 tinted green on the annexed tracing. It was then moved by Mr. Ludlam, and agreed to, That, in view of the importance of the public and private interests involved in the Petition now before the Committee, the Committee strongly recommend that no Hundred should be proclaimed by the Governor until all the questions raised as between the public and the runholders shall have been considered, with a view of settling the same on an equitable basis. It was further moved by Mr. Ludlam, and agreed to, That the preceding Eesolution be forwarded by the Chairman to the Government.

Moved by Mr. Beynolds, That the evidence taken by the " Commissioners on Administration of Crown Lands of Otago "be produced for the use of the Committee. Agreed to. The evidence was accordingly laid on the table. (Appendix C, No. 1.) Mr. Hall laid on the table a series of proposed Eesolutions relating to the Eeport of the Commissioners on Administration of Crown Lands of Otago : — After consideration of the various Petitions on the subject of Hundreds which have been referred to the Committee, and the Eeport of the Commissioners on the Administration of the Crown Lands of Otago, the Committee resolves : — 1. That it is desirable the Hundreds system in the Province of Otago as at present existing should not be interfered with. 2. That, having regard to the importance of the interests affected by the creation of Hundreds, and to the inexpediency of leaving those interests to the chances of Executive action, it is necessary to regulate by law, as far as practicable, the conditions on which new Hundreds shall be constituted. 3. That, in order to allow of the Hundreds system being carried out in good faith to those who have invested capital in reliance on past legislation of the General Assembly and on agreements with the Executive Government, it is essential that in every Hundred to be hereaiter proclaimed, there should be a proportion of not less than one half of the area of fair agricultural land, and that no Hundred therefore should be proclaimed which consists of purely pastoral land.

<7th July, 1869.