WANGAPEKA LAND SALES.

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a—No. 1

place a surveyor under tho orders of Mr. Domett, to whom the inquiry has been intrusted, for this purpose, and inform him accordingly. His Honor the Superintendent, Nelson. Gisboene.

No. 37. Copy of Telegram from the Supebintenden-t, Nelson, to the Hon. W.'Gisboene. Nelson, 30th December, 1869. Suevetoe shall be placed at Mr. Domett's disposal. Mr. Domett is now at Motueka, but will return to-morrow. Oswald Cuetis, The Colonial Secretary, Wellington. Superintendent.

Mo. 38. Copy of Telegram from the Hon. W. Gisbokne to the Superintendent, Nelson. Wellington, 31st December, 1869. Mb. Moss telegraphs that miners agree to survey, but object to Nelson surveyors on account of their being connected with proved errors in maps of Wangapeka District. The survey is necessary to complete Mr. Domett's inquiry, and I think it best that ho should select some surveyor unconnected with cither side, and in whom both parties have full confidence. Have telegraphed to him accordingly. His Honor the Superintendent, Nelson. Gisisobjus.

No. 39. Copy of a Letter from the Hon. W. G-isbobke to the Supeeintendent, Nelson. Colonial Secretary's Office, Sik,— Wellington, 10th January, 1870. I have to acknowledge the receipt of your Honor's letter of the 24th ultimo, referring to Mr. Domett's report on his inquiry into the Wangapeka land question. As the inquiry and the report have been published in the newspapers, it is, I presume, unnecessary for me formally to enclose copies thereof for your Honor's information. * As the question, whether a line drawn from the mountain known by the miners as •' Mount Owen " to Mount Arthur excludes the land sold at Wangapeka will shortly be decided by Mr. Marchaat's survey, I will in anticipation communicate the views of the Government as to the course which ought to be taken in order to bring about a satisfactory termination of the disputes which have arisen regarding such sales. Your Honor states, in your letter of the 24th ultimo, that should the land sold be proved within the line above referred to, it seems probable the purchasers of the land will yield their claims to it in preference to litigating the question of boundary in the Supreme Court. It seems necessary, therefore, only to consider what course ought to bo taken in the event of the above line being found to exclude the land sold. Your Honor states that the Provincial Government think it scarcely probable that Mr. Domett's opinion will be accepted by the purchasers, and in that case that an appeal to the Supreme Court seems inevitable. Your Honor proceeds to state, for reasons given by you, that it appears desirable that no action should be taken by the Provincial Government until the decision of the Supreme Court shall have been given, and that with the view to obtaining that decision at an early date you say that you trust that the General Government will decide what course they intend taking with regard to the sales with as little delay as possible. The Colonial Government agrees with your Honor that the decision of the Supreme Court should be obtained before any further action is taken to complete the sales, but I did not consider it necessary to reply to this portion of your Honor's letter until now, inasmuch as, ponding the survey of the line above mentioned, it seemed not desirable that any other course of action should be adopted. However, as the survey will very shortly be completed, and in order that, should the line be found to exclude the purchased land, the Provincial Government may not, on account of a want of expression of the views of the Colonial Government, delay adopting those measures which may appear best calculated to bring about a satisfactory termination of these disputes, I proceed to communicate to your Honor the views of the Colonial Government on this subject. If it should appear as a matter of fact that the land sold is not within the gold field, the question of the validity of the sales on the other grounds which have been raised should without delay be tested by the Waste Lands Board. The management of the Waste Lands in the Province being mainly of Provincial concern, it seems to be the duty of the Board and the Provincial Government to take such steps as may appear advisable for bringing the question before the Supreme Court. The Government is advised that the Board, or the Commissioner of Crown Lands, may, by refusing to do the necessary acts for completing the sale, enable the purchasers to raise the question by mandamus, or the Board, or Commissioner, may arrange that the questions should be raised by way of appeal from the decisions of the Board; —in this way, either on the present application, or some more distinct application, which the Board can easily arrange to have made, the question of invalidity on the ground of non-classification, or as being otherwise against the Waste Land Law may be raised, for the determination of the Supremo Court. The Government is also advised that the question whether or not the Board cannot even now withdraw the land sold, and refuse to complete the sale on the ground of such withdrawal may also bo raised for the decision of the Court. These are suggestions only; —the Government is advised that there is no insuperable difficulty in raising the question for the decision of the Supreme Court if the Board wishes to do so, but that the