Page 4 Advertisements Column 3

Hawke's Bay Herald, Volume 11, Issue 856, 9 July 1867, Page 4

General Crown Lands Office, Wellington, Oct. 18, 1866. Sir, — I have had under consideration your letter of the 26th of September, reporting the difficulties existing with respect to boundaries of lands bought from Government in the Puketapu . Blook. _ I have also taken the opinion of the acting Attorney-General on one or two points connected therewith. In the first place you are to consider that beyond all question the landholders concerned are entitled absolutely to the land comprised and described in their re* spective grants, Until repealed, or cancelled or amended in manner provided by law, the grant is conclusive evidence of the grantee's title. The act of any person whomsoever, in pointing out or defining on the ground the land to which such person may have supposed the grantee to be entitled, cannot in any way affect the boundaries to which he is really entitled. Nor is the Government, in the opinion of the Attorney-General, liable for compensation to the grantee for expenses inourred by wrongplacing or removal of fences occasioned by the acts or misdirections of the Surveyor. These principles may be appUed to the cases you specify. I presume from your description and the plan, that Mr. Breintan's fence is 175 links to the eastward of is eastern boundary as given in his Grown grant. In that case he must move it that distance to the westward. I understand also that, if his fence is so removed, the quantity of land he paid for will be 22 aores and 3 roods too little ; if so, the purchase money should be returned to nim of that amount of land with interest, if he demands it, at ten per cent., for the Eeriod since he paid it. If Mr. Spence as already erected his western fence on the proper boundary line between him and Breingan, the latter will be spared the expense of doing so, and I should not object to the arrangement, Burkes case (which seems the hardest) will be remedied, as far as the deficiency of land is concerned, by his removing his fence 175 links to the westward, the real boundary of the land he is entitled to if your plan correctly shews the Grown grant boundary. Mr. Newton may of course take possession of the 85 acres west of his fence whenever he pleases. This, I presume, will more than compensate him for the land he surrenders to Burke. I do not think deficiencies under 3 per cent, should be admitted as entitling a grantee to compensation, as the grants have always the qualifying words " more or less" attached to the amount stated as granted. And, I believe, in by far the majority of cases the land given is in excess of that stated. If, however, any compensation is given where the land is deficient more than 3 per cent., compensation might as well be given for the whole deficiency. I do not know that your letter requires any more remarks ; but if you wish for further opinions, let me know on what points. I have above, as you will see, proceeded on the opinion that Government is not to compensate for losses occasioned by Surveyor's mistakes. Ido not, however, the less strongly feel that, unless it can be shewed that an error was from the nature of the ground or other circumstances unavoidable, or at least excusable, Surveyors ought to be made to suffer for losses occasioned by their negligence or incompetency; and that the feeling is very natural j that Government is answerable for their short comings. Still, it will be proper for you to act upon the opinion of the Law Adviser of the Grown in the matter. I have &c, Alfred Domett, Commissioner of Crown Lands, Napier. Business AddressesSMITH, PEACOCK & CO. TO meet the requirements of the times, will hold data ot SHEEP, CATTLE, PIGS, and General Produoe, FORTNIGHTLY. Meanee, May 8, 1867. 404 SMITH, PEACOCK & 00. Auctioneers, Stock-Salesmen, and General Commission Agents. Offioe, (temporary), at the Stores of H, Peacock and Co., Meanee. 327 ROUTLEDGE, KENNEDY, AND 00., COMMISSION AGENTS, MERCHANTS AND AUCTIONEERS. 253 WITHERS & RUDMAN, COMMISSION AGENTS DEBT COLLECTORS, AND „ BONDED WAREHOUSEMEN, Eastern Spit, Napier.J 431 THE Undersigned are Caßh Purohasers of SHEEP SKINS and HIDES. BROWN & SKILLICORN, 202 Fellmongers, Meanee. JOHN BREWER, Chronometer, Watchmaker, and Jeweller, (Opposite the Bank qf New Zealand), HASTINGS-STREET, NAPIER. 247 The Albion Hotel, TURANGANUI, POVERTY BAY. THE above Commodious HOTEL being now completed, and a License having beon obtained, visitors to Poverty Bay can be accommodated with every oomfort. fW Visitors oan always be supplied with HORSES. 2.8 JOHN BRADLEY. N. WILLIAMS, PAINTER, GLAZIER, WRITER, GRAINER, AND PAPERHANGER. NT X f IMPORTING his own Goods • VV « whioh are oarefully seleoted by hiß brother in the Home Market, iB enabled to use and supply the best of materials at low prioes. All orders entrusted to him will be executed in first-class style, with economy and despatch. 262 J. K. TATUM, GENERAL DEALER & COMMISSION AGENT EASTERN SPIT, NAPIBR, Custom House Forms always on hand. Agent for Sale of Hawke's Bay Herald. 259 JOHN STUART, AUOTIONEER, General Commission and Land Agent, and aooountant, Bankrupt and other Estates wound up . Debts ' collected, &0., &o. Extensive Storage for Bonded Goods, Wool,.&o, 255