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1. In terras contained in Resolution N 37, the Boird decided that, under the nW sions of clause 75—" the jurisdiction of ,hj Board extended over disputes and different: arising under the existing 2. That this case is one < unc ] er & George Grey's Regulations, and the Board hj not constituted a tribunal to decide question* oiiginating therewith.*' " 3. That " clause C of the present Re<r U l a tions is entirely of a negative character/' I consider, under the views above express 1 in distinct terms, the Waste Land Board debarred from adjudicating in the case hj question. n The Board have at the request of the Ge neral Government acquiesced in a proposal t" undertake certain duties now performed b the Surveyor General's Department—- " the fulfilment of any promise or enlace! ment lawfully made by or on behalf of he" Majesty" in respect of claims under Si George Grey's Regulations of March 4th 1853, and such acquiesence refers strictly to the adjustment of all promises and engace. ments lawfully made, yet unsettled, of which a statement will require to be duly handed over with the authority. The case between Mr. Farmer and the Surveyor-General is, whether there fa any lawful promise or engagement, and one therefore properly appertaining to the Go* vernment to decide. With reference to the statement contained in the last paragraph of Resolution No. 3'r that the Board will not " decline to undertake any other duties which his Excellency the Officer administering the Government o> his Honor the Superintendent may deem it to the advantage of the Public service that it should perform,'' &c., &c, and which is adverted to in the Colonial Secretary's letter No. 211, I have to observe that, taken in connection with the rest of the Resolution, and more particularly with reference to para, graph 5 of the Colonial Secretary's letter No. H>4. of J2th July, 1855, to which it is hi reply, it is evident the Board means such other duties as they are lawfully competent to undertake. Charles J Tayloh, Chief Commissioner. Auckland, 4th August, 1855. I request that the subjoined opinion may be entered on the record of the proceedings of the Board, in accordance with the 78th section of the Regulations. G. O. OliilSßY, Com. W. L. B. With regard to the dispute resting between Mr. Farmer and the Surveyor-General, I think that if the latter gentleman (who may be supposed to know more of the matter than the Waste Land Board) found himself under the necessity of seeking the opinion of the Law Officer of the Crown, it seems much more imperative on the Board to adopt the like course. With all respect for the Colonial Secretary's letter of the 30th ult.. which states, the Board did not give a distinct reply to the request of the General Government in statin* " ihat the Hoard does not decline to undertake any other duties which his Excellency the Officer administering the Government or his Honor the Superintendent may deem it to the advantage of the Public service that it should perform, provided the duties required are distinctly stated, and the necessary me.ina placed at its disposal to carry them out," I am still bound to express my opinion that it is a very disiincl reply. I understand by it that the Board will undertake Mr, Farmer's case, and other cases, if the necessary means be placed at their disposal ; among other means required, the Acting Attorney General's c pinion is one, without which they cannot proceed. But, as his Excellency declines communicating that opinion, I think that the Board have no alternative but to decline to undertake the case. G. O. Ormsbt, Com. W. L. B. 4th August, 1855. We are of opinion that the Board should decide the case between Mr. Farmer and the Surveyor-CVeneral, regarding a claim arising under Sir G. Grev's Regulations, to apiece of land at Hunua, provided the General Government will give it the necessary authority, and agree to abide by the decision. Reader Wood, Joseph May. True Copies. Charles J. Taylor, Chief Commissioner. PROVINCIAL COUNCIL. NOTICE. Superintendent's Office, Auckland, 13th August, 1855 HIS Honour the Superintendent will meet ttie Provincial Council at the Hall of the Mechanics' Institute at three o'clock, p.m., on Wednesday next, the 15th instant, for the purpose of opening the fourth Session of the Council. Public Pound, 6th August, 1855. IMPOUNDED at the Public PounJ, JL Hundred of Auckland, Newmarket, by Patrick Donovan, for trespassing on an enclosed paddock at Onehunga, 4 black Sow Pigs, with slit ears 2 black and white Sow Pigs, with do. 1 spotted Boar Pig r with do. 5 Harrow Pigs, with do. f If not claimed to be sold at the PaW« Pound at noon on Thursday, the Ota September, agreeable to the provisions f» the Impounding Ordinance Vict. H, - e3:; ' 8, No. 6. Joseph Osborne, . Pound-keeper. Superintendent's Office, Auckland, 13th Aug-, I ss *' " HEREBY notify, in exercise of the powrrs - vested in ine, in that behalf, that tlwre shall be levied, collected, and received from and after the fourteenth day of August, 1855, for the Slaughtering of Cattle at the Public Slaugbter-house of Mr. John Hall at Otahuhu, the fees hereinafter mentioned, that is to say — . For every head of Great Cattle, four shillings (45.) ... For every head of Small Cattle, one shilling (Is.) Wm. Brown, Superintend.

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Page 2 Advertisements Column 6, New Zealander, Volume 11, Issue 974, 15 August 1855, Supplement

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895

Page 2 Advertisements Column 6 New Zealander, Volume 11, Issue 974, 15 August 1855, Supplement

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