WANGAPEKA LAND SALES.

32

a—No. i

between Matiri and Owen; you can't see anything except from the hill sides or tops. Until I went with Clark I had always believed the Owen to be the Matiri. By Mr. Adams : I could see Mount Owen from the junction, or a little below it, of the Maudes Ihereis a large flat on it where you cross the river. You are bound to sec Mount Owea thence ie ' what 1 call Mount Owen. I know of no other. Mount Owen is something like a sugar-loaf. The pencil sketch is like what I mean by Mount Owen, as seen from Nelson. There is snow on all these ranges in winter. I have seen it in the middle of summer. Mr Cathy:! should state that this morning a map was discovered in the Survey Office, evidently dratted by Mr. Richmond, and upon speaking to the Superintendent upon the question he wished every information given to yourself, and I was instructed to call upon Mr. Richmond to ascertain the source of Ins information. I found that in 1863 Mr. Rochfort had been employed to explorate for the Govern ment upon the dividing range between the West Coast and Nelson, and that to accompany his 'Report upon Ins return, Mr. Richmond assisted him in compiling a plan, and that at Mr. Richmond's house was lying this tracing which is the one he (Mr. Richmond) made at the time from information turmshed by Mr. Roehfort. It will bo seen that Mount Owen, as shown upon this plan, is called the Mount Owen Group, and in Mr. Eochfort's Report in Gazette, 11th April, 1863, it is called the Mount Owen Cluster; that although the plan of Mr. Rochefort (which Mr. Richmond explained as being entirely sketch work) shows the Mount Owen Group at the head of the Owen River, it shows it at the neaclot the right-hand branch looking down, and clearly makes the Rolling River outside the then gold held, or outside a line from Mount Arthur to the Owen Group. Date April 13 1863 It is evident the compiler ofthis map did not take as Mount Owen that laid down by Haast or Burnett but it is equally evident he did not take Stanford's. ' By Mr. Moss: The broad position, as taken in Stanford's, is the same as the other He nuts his Mount Owen distinctly to the West of the Rolling River. [ Mr. J. W Barnkoat, by Mr. King&on ; I think it was on a Monday, about half-past 10 a m that I received notice It was the day on which the Proclamation withdrawing certain land from sale was issued. I would have attended the previous day if I had received notice. By Mr. Moss: lam quite certain as to the time. I received it on the road coming into town It was not nearer 9 o clock, lam quite certain. I had not time to go to the Provincial Buildin-s before the opening of the office. I went direct to the stable, and thence to the Land Office. It was then about twenty minutes to 11 a.m. We agreed at once to the withdrawal, after a very short discussion. It is hard to say if it had been done in my absence, whether I should have agreed to it. Probably I should I should nave a right to object. The line in Stanford's map is more consistent with the Proclamation than a similar line in Mr Haast's map. [Mr. Moss quoted a passage* against Stanford's map being an official map, and asked, What is the meaning of the word « authentic," and what is it applied £2 H r af a5> CUp ' tr + ustwor%-" I loo^d at the maps carefully. Itf is more consistent with that part of the Proclamation I was not aware that Stanford's map had been issued to the Wardens on the West Coast. Had I been aware it would have been made some difference in my estimate of its trustworthiness. y f B7f Ml"f n d<mS ; i l-*!"'" 1' iKa -1 C\° eS n, ot agree so well with the Proclamation. I allude to the line trom Mount Owen, which is described as the " ranges eastward." W T T' I. mU\ t !* f 6 fill that 1 WaS not a.ware that Kochfort's map had been issued to the Wardens. Mr Curtis Hated so also. They were issued under a previous Superintendence lean only state my view of my duties under the Land Regulations, without pretending to explain what the law on the point is The Province had been at considerable expense in sending out parties to explore tor gold ; and therefore, when a miner came, I considered the Government were bound not to allow him to go away without the best protection I could give under the circumstances, and I suppose every one to t BS%T< 7 ha! eJ ished T tKe r^ JMt jUBt aS auxious as aP7 one could be *«* corning to stop the sale as quickly as I could. There are two sections which provide for the sale of land without further reference to anybody. The thirty-second section, which provides * * * and that which provides that after the auction all land not so sold shall be open to be taken at any moment ( may be purchased by any person "). This is one of the fixed price clauses. In section 27 the upset price is fixed at from ss. to 40s. per acre ; and the idea under the thirty-fifth section is that any one after prospecting about the country can if they please take any land at 40s. per acre-people wislnng to settle having always complained of the risk of having to go to auction ; so the Le«i.slZro met the case by giving them the option of purchasing at fixed prices. If I thought I could have suspended the operation of that clause (135) by myself, without'exposing myself to legal damages I should have done so of course, I consider that if the Commissioner of Crown Lands declines to put that clause in operation, he docs so at his own risk. There is a proper way provided for suspend in- its operation ; and in the case of one of my predecessors (Mr. Domett) who had declined to sell land to a gentlemen who had thought it a good speculation, ho was proceeded against in the Supreme Court and a .mandamus issued compelling him to sell and receive the money. 1 did not feel prepared at all on that morning to run the risk of subjecting myself to an action at law. Had I had the slightest idea of the magnitude of the interests involved, I might have made my own choice, I should most eel ly have taken the risk had I done so. I would have allowed them to leave their money, and then have left them to heir own remedy, trusting to the Government to have borne toe through, though I consider the Waste Lands Board has nothing to do with the case till I bring it before them * I received the applications the same day as the sale took place in the afternoon J i^tnea rue • Mv- Catle!/ ,hero .r? ad the application—" On the opposite," &c., signed "C. Everett " S This is in Mr. Brunner's writing I did not see it written, but they brought it to me. This is exactly as it was brought to me. It has not been altered since I received it It has been in the custody of Mr. Dame 1 and myself and I can also say I particularly noticed the application on the other side of the Creek, and was surprised at its being on the other side. We were so busy there was no ;. 1( ro" Minute by (lie Waste Lands .board, f That is, the line on Stanford's map J Mr. Darnell here alluded to a charge that the applications had been tampered with & llus was the application leaving tke " gap * between it and previous applications