CANTERBURY WASTE LANDS AND SURVEY DEPARTMENT. (CORRESPONDENCE RELATING TO THE APPOINTMENT OF A ROYAL COMMISSION TO INQUIRE INTO THE ADMINISTRATION OF THE).

Appendix to the Journals of the House of Representatives, 1876 Session I, C-11

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1876. NEW ZEALAND.

CANTERBURY WASTE LANDS AND SURVEY DEPARTMENT. (CORRESPONDENCE RELATING TO THE APPOINTMENT OF A ROYAL COMMISSION TO INQUIRE INTO THE ADMINISTRATION OF THE).

Return to an order of the House of Representatives, dated XZth July, 1876. "That there be laid upon the table a copy of all correspondence between the Superintendent and Executive of Canterbury and the General Government, relative to the appointment of a Royal Commission to inquire into the administration of the Waßte Lands and Survey Departments of that province." — {Mr. Teschemalcer.)

No. 1. Sir J. C. Wilson to the Hon. the Colonial Secretary. Sib, — Government Buildings, Christchurch, 30th May, 1876. In consequence of a long debate in the Provincial Council of Canterbury, on the 27th May, 1875, on the following motion, —" That, in the opinion of this Council, the manner in which the Survey Department is conducted is most unsatisfactory, and requires the immediate attention of the Government," —I gave a solemn pledge, on the part of the Provincial Government of Canterbury, that a Royal Commission should be applied for to investigate the charges made by the members for Leadown (Mr. G. R. Turnbull) and the Bays (Mr. Pilliet). A similar promise had been made by my predecessor in office (Mr. Montgomery) during the previous session of 1874 ; but the promise had not been fulfilled. Subsequently a resolution was moved and carried on the lbth June, 1875:— " That, in the opinion of this Council, the Government should take steps to have a Commission appointed during the recess to inquire into the administration of the Survey Department and Waste Lands Board." On a former occasion, I personally applied to the General Government to appoint a Royal Commission ; but I was informed that no specific act sufficient to warrant the measure had been cited, and, consequently, no Commission could be appointed. The case, the papers of which are herewith forwarded, seems to furnish a specific act, and appears to remove the only obstacle to the issue of a Royal Commission, which should, I think, be endowed with general powers, as expressed in the words of the resolution of the 18th June, 1875, when, doubtless, other cases besides that above quoted will come to light. I beg to apologize for the unusual step which I have taken in addressing you direct on this subject. I have the sanction of the whole of my colleagues, whose honor is equally implicated with my own, in straining every nerve to effect the fulfilment of the pledge given to the Provincial Council on the 27th May, and to carry out the resolution of the 18th June last. I am unable, by the special legislation of the General Assembly of last session, to cause the Provincial Council to meet; and this must plead my excuse for appealing to the Governor in Council to afford my colleagues and myself the means of vindicating our honor. I have, &c, The Hon. the Colonial Secretary, Wellington. J. Cbacroft Wilson.

Enclosure 1 in No. 1. Mr. J. W. Hamilton to the Provincial Secretary. Sib,— Land Office, Christchurch, 7th April, 1876. By direction of the Waste Lands Board, I have the honor to forward sundry papers, as per schedule annexed, referring to a complaint made before the Board at their sitting on Monday, February 28th ultimo, by the Hon. Edward Richardson. Mr. Richardson applied to have license to occupy Rural Section 24,089, granted 7th February to Mr. Edward Percy Scaly, cancelled, and to have the land sold to himself, for reasons which are set out in his statement.

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The Board's opinion on the case will be found in their memorandum, drawn up at yesterday's sitting, 6th April. I have, &c, J. W. Hamilton, Deputy Chief Commissioner, Waste Lands Board. The Provincial Secretary, Christchurch. Schedule of Enclosures in Letter No. dated 7th April, 1876, from Deputy Chief Commissioner, "Waste Lands Board, to the Provincial Secretary. Extract from minutes, "Waste Lands Board sitting of 28th February, 1876. Notes, taken Monday, 28th February, 1876, at sitting of "Waste Lands Board, by Deputy Chief Commissioner. Plan of Tiinaru Survey Office. Extracts from minutes of "Waste Lands Board sitting, 6th March, 1876. Unsworn evidence taken by Mr. John Marshman, at Timaru, as to facts of case. Memorandum re inquiry at Timaru relating to application for Section 24,089. Extract from minutes of Waste Lands Board sitting, 6th April, 1876. Copy of statement by Mr. Edward Percy Scaly, dated 27th March, 1876. Extract from Minutes of Waste Lands Boaed, 28th February, 1-876. 24,089. The Hon. Edward Eichardson. Respecting this section, 131 acres, Timaru District, granted to Edward Percy Scaly, at Board's sitting, 7th February instant, on his application, noted by Mr. Joseph It. Fussell, draughtsman at Timaru Survey Office, as having been made there at 10 a.m. on 2nd February. Applies that the Board should cancel the license to occupy, on the ground that Mr. E. P. Sealv has no right to hold the section. The present applicant made a further statement hereon, fair notes of which have been made by the Deputy Chief Commissioner, Waste Lands Board, and are filed with the Land Office papers. The present applicant now also claims that the Waste Lands Board should grant the license to occupy Rural Section 24,089 to himself. The Board decided that, fifteen days having elapsed since 7th February, when they decided to grant the above section to E. P. Scaly, they have no power to reverse that decision. They think it can only now be done, if at all, by appeal to the honorable Supreme Court, within thirty days from 7th February, in accordance with clause 4, " Waste Lands Board Appeal Act, 1867." On other points raised by this applicant, the Board defer decision, pending further information, which they will ask for. Notes taken Monday, 28th February, 1876, at the Waste Laxds Boaed, by the Deputy Chief Cohmissiosteb. 24,089. Statement made before the Waste Lands Board, Monday, 28th February, 1876, respecting Rural Section No. 24,089, 131 acres, bought by Edward Percy Scaly, 7th February, instant. The Hon. Edward Richardson states to the Board: — That Mr. Edward Richardson, jun., son and agent of the present applicant, had his name down on the Timaru Survey Office book on the afternoon of the Ist February, and at 3.56 p.m. was engaged pointing out to Mr. Fussell the sections he wished to apply for ; that at 3.56 p.m. his application was there noted for section, since numbered by the Board, on the 7th February, as No. 24,088 (144 acres, Timaru District), and granted to Edward Richardson, jun. That Mr. Scaly, contract surveyor (supposed to be Mr. Henry Scaly), was present at this time, and at about 4.6 p.m. drew Mr. Fussell's attention to the fact that the hour for closing the office was past; that Mr. E. Richardson, jun., had, before this, pointed out to Mr. Fussell a piece of land between the road and the south bank of the River Te Ngawai, as one he wished to apply for. That Mr. Fussell, at 4.6 p.m., refused to receive any further application that day, and warned Mr. Edward Richardson, jun., to bo at the Survey Office at 10 a.m. next day (2nd February). That Mr. Edward Richardson, jun., then set his watch two minutes fast by the Survey Office clock, in order that he might not be late next morning at the Survey Office. That next morning he was walking up and down for about ten minutes in front of the Survey Office door until ten o'clock ; that no one either entered or left that office during the time until ten o'clock, when he entered it. After his entry, he was told at 10.3 a.m. (it is believed by Mr. Boys, Government Surveyor) that he was too late, that Mr. Scaly had appiled for the section he wanted. Mr. Scaly was not then in that office. The application by Mr. E. P. Scaly, numbered 24,089, sets out the piece Mr. Edward Richardson, jun. had pointed out on the evening of the Ist February, as that he wished then to apply for, omitting a very small section at each end, which Mr. E. Richardson, jun., intended to apply for, to be included within that bought in one section by Mr. E. P. Scaly. It is noted by Mr. Fussell as made at the Timaru Survey Office at exactly 10 a.m. on the 2nd February. That the practice at Timaru is for an applicant first to enter his name in a book kept at the Survey Office, then to go to another building, about 100 yards off, where the maps are kept, and from them to point out the piece he applies for; that on this being done, the hour and minute is then noted as the time at which the application is made ; that the difference between the time thus taken, and the time when the applicant's name is entered first in the book, can hardly amount to less than six minutes; and that to go from one building to another, and point out a piece of land on the map, cannot be done in less than two minutes. That, on Thursday last, 24th February, the procedure was thus : The present applicant, wanting to purchase laud, wrote his name down in the book at the Survey Office, with the exact time of his doing

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so; that he was then taken to the other building already mentioned as 100 yards distant, and there on the maps pointed out all the sections he wanted; that Mr. Fussell then noted the time of his doing this on the application paper, as the time of making the application, and entered it in the book, scratching out the time previously entered by the present applicant. That Mr. Edward Eichardson, jun., having his name in the Survey Office book on the afternoon of the Ist February, and being actually then engaged at the legal closing hour in pointing out bond fide what land he was further applying for, was entitled to priority of application on the morning of 2nd February over Mr. Scaly. That Mr. Scaly, though a contract surveyor, is also a land buyer, and was watching the whole of Mr. Edward Eichardson, jun.'s operation on the afternoon of Ist February. That Mr. Scaly, a contract surveyor, laid out the road along the north boundary of Section 23,923, GOO acres, which he afterwards purchased. That this road could not go beyond Section 11,590, Crowngranted to Edward Eicliardson, present applicant, Bth May, 1873. That the present applicant does not object to the road, but to the power being in the hands of a contract surveyor to lay it out. That, on the 31st January last, the present applicant had instructed his son to apply at the Survey Office, Timaru, for the land set out in Application No. 24,058 granted to him, as well as to apply for that in 24,059, granted to Mr. Scaly; that Mr. Edward Eichardson, jun., actually bought No. 24,088 for and on behalf of his father, tho present applicant, and also had the funds placed at his disposal for purchasing 24,089 on the same behalf. J. W. Hamilton, Deputy Chief Commissioner, Taken Monday, 28th February, 187(5. Waste Lands Board, Canterbury. (Here follows Sketch showing Provincial Government Survey Office, Timaru, in connection with the Survey Office of Mr. H. Sealey.) Insert Plan. Extbact from Minutes of Sitting of "Waste Lands Boabb, 6th March, 1876. " 24,089. With reference to Board minute of 28th February instant, on the Hon. Edward Eichardson's statement, the Board, having consulted together, are of opiuion that one of their number should make inquiries at Timaru into the facts set out by Mr. Eichardson, and recommend that Mr. Marshman undertake this duty, which he accepts." Copt of Unswoen Evidence taken by Mr. John Maeshman, at Timaru, re Application for Section 24,089. Mr. 'Edward Richardson, jun. —l went to the Land Office, Timaru, on Tuesday, the Ist February, about, as nearly as I can estimate it, twenty minutes to four in the afternoon. I saw Mr. Fussell. I asked to see the map of the district including Albury Station. Mr. Fussell said, "If you go over to the office, the map-room, Mr. Boys will show it to you. I went to the map-room. I did not see Mr. Boys, but saw Mr. Henry Scaly, who was working there. I asked Mr. Henry Scaly if he would show me the map of the Albury District, and he did so. I inquired where the sections were on the map which his brother had bought (a 600-acre section and a smaller one adjoining it), and he pointed them out. I then asked if he would mind measuring the triangular block between those (Mr. Edward Sealy's) sections and my father's freehold, and also the block between Mr. Edward Sealy's 000-acre section and the Eiver Tengawai. He scaled them roughly, and told me what they scaled. I then returned to the Land Office, and said to Mr. Fussell that I wished to apply for some land on the Albury Station. Mr. Fussell then went with me to the map-room and asked what sections I wanted. The map that I had seen with Mr. Henry Scaly was still lying unrolled on the table, and Mr. Scaly was working at the same table. I pointed out to Mr. Fussell the triangular block before mentioned. Mr. Fussell scaled it, and said the contents were 144 acres. I believe the time (fifty-six minutes past three) assigned to the application, was taken b} r Mr. Fussell when I pointed out the section on the map. Just as Mr. Fussell had finished scaling the triangular section, he said, "What is the next?" I then said, " I want that," pointing to the block between Mr. Edward Sealy's 600-acro section and the Eiver Tengawai. Mr. Fussell leant over the map and was about commencing to scale the section, when Mr. Henry Scaly, who was still at the table, took his watch out of his pocket. Mr. Fussell noticed this, and turned round and looked at the clock. There is a clock in the map-room as well as in the Land Office, and said, " I cannot take your application, it is past four." I believe it was at that time about half a minute past four, but I am somewhat short-sighted, and could not see the time distinctly. I then returned with Mr. Fussell to the Land Office, and put my name in the book. Mr. Fussell said, "If you want the section be here punctually at ten." Mr. Shaw, who was present, asked if there was more than one after the land. Mr. Fussell said, " Oh, I don't know, there may be." I said, "What time do you go by ?" Mr. Fussell said, "By the clock," pointing to the clock in the room in which we then were, the Land Office. I looked at my watch, and it was fast of the office clock. I borrowed Mr. Shaw's watch-key, and put my watch back to two minutes fast of the office clock. I cannot say exactly how much I put it back; I believe it to have been eight to ten minutes. lam certain I put my watch back not less than five minutes. I then went away. The next morning (February 2), I walked up North Street from the Great South Eoad to the gate, or nearly to the gate, leading to the Land Office. It was then by my watch ten minutes to ten, from eight to ten minutes to ten. I cannot say to a minute; but I am confident it was not later than eight minutes to ten. I did not go to the door of the office, or inside the gate. I supposed the office was not open to the public until ten o'clock. I then walked slowly down North Street to the cliff at the eastern end of it; every now and then looking back towards the Land Office gate to see if anybody went in. I saw no one go in. From the cliff I walked slowly back to the Land Office gate —rather more slowly than I walked towards the cliff —and up to the door. At this time it was exactly ten o'clock by my watch. I went into the Land Office and saw Mr. Shaw. He said, "You are too late, the land, is gone. They are in the office measuring it." These remarks were made in Mr.

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Fussell's room (the Land Office), Mr. Shaw only being there. I said, " Tou must make a mistake, it is only just ten now." Mr. Shaw said, "It is three minutes past ten," and on looking up at the clock, I saw, to my surprise, that it indicated three minutes past ten. I then went across to the map-room. Mr. Edward Scaly and Mr. Fussell were there. Mr. Edward Scaly was scaling the section between the 600-acre section and the Tengawai. Mr. Fussell stood near him looking on. Some remarks passed about my being too late. Mr. Scaly said that he has always intended to buy this section, but did not intend to do so until he had been over the country. He also said, "It was as well we did not start those sort of practices, as with his superior knowledge of the run, and of what was bought and what unbought, he could do us a great deal more injury than we could do him. My watch has habitually gained for several months past. About the beginning of the year Petersen started to regulate it, but I came down here before he had it going correctly. I had not touched the hands of the watch or the regulator since Petersen set it, until the Ist February at the Land Office, and then, as already stated, I had, in order to get it with the office clock, or rather two minutes fast of the office clock, to put it back not less than five minutes, and it might have been from eight to ten minutes. At the end of the same week, either Friday night, the 4th February, or the following Sunday night, the watch was not wound and went down. Next morning—that is either Saturday morning or Monday morning—l got the watchmaker to wind it, and set it to the correct time. He did not touch the regulator. I have not touched either the regulator or the hands from the time the watchmaker set it to yesterday, 13th March, and yesterday it was from fourteen to fifteen minutes fast of the Timaru time —the telegraph clock. This was the accumulated gain since the watchmaker set it at the end of the first week in February. It did not occur to me to compare my watch with the town clock or any other watch or clock, when the difference between it and the Land Office clock appeared on the morning of the 2nd February. Mr. Fussell. —The usual process of making an application for land at the Timaru office is as follows: — The person proposing to apply goes to the Land Office and sees me, or if he should see Mr. Shaw or Mr. Boys in the first instance, he is referred to me. If, by chance, he should call at the map-room instead of the Land Office (by the map-room is here meant the room known in Timaru as " Sealy's office "), and Mr. Shaw or Mr. Boys should be there, Mr. Shaw or Mr. Boys would perhaps show the person the map of the district he might wish to see, and would perhaps give him, as far as it might be within their power, information relating to localities or features, such as streams, swamps, hills, flats, and the like. If Mr. Scaly only were there, he also would, perhaps, do the same thing. Neither Mr. Shaw, Mr. Scaly, nor Mr. Boys would consider it to bo his duty to do this, and might choose to refer the person to me at once ; but if they did afford the kind of information mentioned, they would, when the person had seen as much of the map as he wished to see, or learnt as much about the locality inquired about as he wished to learn, and if he should then desire to apply for land, refer him to me. Practically, therefore, all applications for land are initialled with myself; or, if I should be absent through illness or otherwise, Mr. Boys holds an authority from the Chief Surveyor to act in my place. If, when the applicant applies to me at the Land Office, the map he wishes to see should be in that office, he would see it there. If it should be in the map-room at the time, Igo with him to the map-room, and there show it to him. There is an Application Book kept in the Land Office ; such a book is not required by law, or for any purposes of record with which the applicant is concerned. I keep it principally for my own use, and as a convenient record of applicants' names and date of application. The applicant writes his name in this book —his name only —and usually, though not invariably, at his first entrance into the Land Office ; sometimes it is written after he has been to the map-room, and it may be after his form of application has been filled up and signed. The time assigned to the form of application is the time, by the Land Office clock, at which the applicant has so indicated the land he wants as to admit of its being verbally described, and this time is entered in the Application Book opposite his name. There is a clock in the map-room as well as in the Land Office, but no use is made of it in connection with applications for land. If the person applying should be taken to the map-room, and should make his selection there, which is invariably the case when the map is shown to him, then the time is taken from my watch, and I compare my watch with the Land Office clock every morning. In the morning of the Ist of February, at thirty-seven minutes past eleven, Mr. Edward Scaly applied for 35 acres of land, and the usual application form was prepared. At that time, and as incidental to this application, remarks were made by Mr. Scaly, not direct to me, but as a matter of general conversation. His brother, Mr. Henry Scaly, was there at the time, which indicated, as I understood, that he contemplated applying at some time, possibly soon, though no specific time was mentioned, for a piece of land—part of the block lying between his 600-acre section and the river. No particular area was named or indicated ; but the impression that I gathered from what passed was that his principal object in buying or proposing to buy some part of the block referred to, was to obtain access to the river. In the afternoon of the Ist of February, from, say, a quarter to four to ten minutes to four, I cannot fix the time precisely, a young gentleman, unknown to me, called at the Land Office, and asked to see a map of Alburv. J was busy. Mr. Boys was at the time in the map-room, or rather I supposed he was there, and I said to the person who was then with me, that if he went to the other building — pointing to the map-room —Mr. Boys would show him the map. H;id he then said he wished to apply for land, I .-hould have gone with him myself. Mr. Boys showed him the map, as I then supposed, though I afterwards heard that it was Mr. Henry Scaly who showed it to him, Mr. Boys being out at the moment, and he then said, it appears, that he wished to apply for land, whereupon Mr. Scaly referred him to me. He came back to the Land Office, and I at once went across to the map-room with him. The map of the Albury District was lying on the table open at the part that he had before been

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looking at. He pointed out the piece of land—a triangular piece—lying westward of Mr. Edward Sealy's sections of 600 acres and 35 acres. lat once noted the time, 3h. 56m., and proceeded to scale the block he had pointed out, calculated the area, and gave the quantity to him. I had before this become aware that the applicant was Mr. Edward Richardson, jun. He had at first applied for the land in the name of or for his father, and there had been some conversation as to its being necessary that he produce an authority in writing from his father. As soon as I had stated the quantity contained in the triangular block, Mr. Richardson said, " I want that piece," pointing to the block lying between Mr. Edward Sealy's 600-acre section and the river. It occurred to me at the moment that it was four o'clock, and I looked at my watch and found that it was four minutes past four. The thought at the same time crossed my mind that Mr. Edward Scaly, as already explained, indicated earlier in the day an intention to apply for not the whole, but for some portion of the block for which Mr. Richardson was then applying. It was, as already stated, beyond the hour at which an application could properly be received. Mr. Henry Scaly, brother of the possible adverse applicant or intending applicant, was present. If, then, I took an application after or out of the appointed time, what more likely than that Mr Henry Scaly would inform his brother, and his brother might lodge a complaint against me, that I had received an application improperly, and by which act he was prejudiced. On the other hand, here was an application commenced, made in fact by Mr. Richardson with the knowledge of Mr. Henry Scaly. Was it not possible that Mr. Edward Scaly might become aware of what had transpired, and might take steps to, if possible, displace or supplant the present applicant —Mr. Richardson —if he should fail to present himself at the office on the following morning at ten o'clock ? I had no doubt, and in fact was clear, in my own mind that Mr. Richardson, having already made the application, though that application had not been received, was entitled to precedence over everyone else on the following day, provided that he presented himself at the office at the commencement of the official day, that is at ten o'clock precisely. It seemed to me only reasonable and right that I should point out to Mr. Richardson the importance of his attending at the office punctually at ten o'olock on the following morning; and to this end, and in order that he should not make a mistake about it, I advised him to set his watch by our time, and that the clock in the room in which we then were —the Land Office— was for this purpose deemed to be the official time. I had omitted to say that, after informing Mr. Richardson in the map-room that his application could not be taken then because it was past four o'clock, both he and I returned to the Laud Office. I arrived at the Land Office in the morning of the 2nd February, at exactly ten minutes to ten by the office clock. I cannot remember precisely whether I was the first person there. Mr. Edward Scaly says I was ; Mr. Boys also says the same: but Mr. Edward Scaly, if I was actually there first, came in at practically the same time, for Mr. Shaw came in at, I believe, eight minutes to ten. I did not make a note of the time—probably Mr. Shaw can say whether my recollection of it is correct —and Mr. Edward Scaly was certainly there when Mr. Shaw came in. That I am positive about. Some light conversation, say " chaff," passed, such as, " Why, you are here early?" " You are up to time," and the like. I said, "It is too soon ior business; you must wait until ten o'clock, perhaps Mr. Richardson might appear." I went to the door of the Land Office, and looked up and dowu the street, and could see nothing of him. I cannot say exactly at what point of time I did this, but it was after Mr. Shaw's arrival, and after the " chafi 7," or some of it, already referred to, had passed, and it was before ten o'clock. At ten o'clock precisely —possibly, if the clock had indicated seconds, it might have been five seconds before ten o'clock—Mr. Edward Scaly and I went across to the map-room. We must have reached the door of the map-room, as I believe, exactly at ten o'clock. I opened the safe and took out the map of the Albury District. Ido not remember that Mr. Scaly asked at that time, in specific terms, for the particular map, nor was it necessary he should do so for the purpose of informing me what he had come for. The " chaff" that had passed in the other office had made this perfectlyclear, and Mr. Scaly had said in some way —I cannot recall the precise words used—that he was " going to apply for the piece of land that Mr. Richardson had applied for." Mr. Edward Scaly at once pointed out the piece of land on the map, between his 600-acre section and the river—l3l acres, part of the block of 144 acres before mentioned —and I noted the application as received at ten o'clock. While the quantity was being scaled, Mr. Richardson came to the map-room, having, as I afterwards heard from Mr. Shaw, come to the Land Office at three minutes past ten by the office clock. Mr. Richardson stayed a short time in the map-room. He said nothing that I can particularly remember, beyond that it appeared he was too late, or something of that kind, and shortly afterwards went away. He did not apply, or propose to apply, for the piece of land before referred to ; if he had, I should have thought it right to receive his application and forward it, with a statement of the incidents connected with it, for the decision of the Waste Lands Board. I did not suggest to him that he should make such an application, nor did I conceive that it was my duty to do so. If Mr. Richardson had on the previous day indicated at the same time both the sections he wanted —that is, if he had said, " I want this and this " —I should have treated it as one application, made within the office hours, and I should have completed the forms of application for the two sections the same evening without regard to time. With Mr. Edward Sealy's application, I forwarded a letter to the Timaru Agent, Mr. John Williams, informing him that Mr. Richardson had applied for the section on the previous day, and that I had declined to take the application because it was past four o'clock. On more than one occasion, Mr. Edward Scaly said that he did not deny or wish to deny that his brother had told him what had taken place in the map-room, on the afternoon of the Ist February, in connection with Mr. Richardson's application. Mr. Henry Scaly also said the same thing. In looking out of the Land Office the morning of the 2nd, I went to the threshold of the outer door, and not across it. From thence I could see down the street towards the cliff as far as where the view is cut off by a projecting building on the right about twenty yards to the eastward of the Land Office.

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There would be on the south side of the street from 7 to 8 chains, and on the north side about 6 chains length of street, between the limit of view and the cliff, in any part of which, if Mr. Richardson had been there, I should not have seen him. Mr. Shaw. —l believe Mr. Fussell to be quite correct as to the time at which I arrived at the Land Office, in the morning of the 2nd February. Mr. Fußsell's statement of the incidents connected with Mr. Richardson's and Mr. Edward Sealy's application is, so far as I am cognizant of them, also correct. lam in charge of the Survey Department and of the Land Office ; nominally, lam in charge of the Survey Office also (that is, Mr. Sealy's office, so called) ; but the charge is nominal only. Practically, it is as much Mr. Sealy's office as regards the use of it, and as regards access to the maps and documents in it, as though it were nominally in his occupation—that is, Mr. Scaly goes in and out at all times as he pleases. As to the Land Office, Mr. Fussell keeps the key of the safe. The key of the outer door is left every evening at Shepherd's (a store close by), and the person who sweeps the office gets the key there in the morning. If this person has finished his sweeping before any of the officers come at ten o'clock, he locks the outer door and returns the key to Shepherd's, or, if it should be close upon ten o'clock when he finishes, he might lock the door and leave the key in the lock. This has been done only occasionally. Generally the key has been returned to Shepherd's. No one other than the sweeper enters the Land Office except when one of the permanent officers is present. As to the Survey Office (Sealy's, so called), there are duplicate keys to the outer door. Boys has one ; the other is in Sealy's keeping, and Boys' key is usually hung up in a stable close by, in which there is a broken window. The key hangs on a nail on the inside of the wall, and anybody who might know where it is can put his hand through the broken pane and get the key. Sealy's men know where the key is kept. Whether any one else other than the Government officers and the sweeper knows, I am not aware. The Government maps are locked every night in a safe in the Survey Office, and Mr. Sealy's private maps are also put into the same safe. The key of the safe is kept in a drawer in the map-room. I believe that, except myself, Mr. Boys, and Mr. Fussell, no one but the Sealys know where the key of the safe is kept. The Sealys work in the office whenever they please, and remain there if they please, when applications for land are being made or any other public business is being transacted, and necessarily they can, if they choose, see whatever is shown to persons who may apply for land, and hear everything that passes between those persons and the Government officer. This office is swept by the same person as the Land Office, and he of necessity knows where the key of the outer door is kept. Mr. Boys. —l had to come to the Land Office before Mr. Fussell on the morning of the 2nd February, and had before Mr. Fussell arrived, gone across to the Survey Office (the map-room) and had unlocked the door, and was working, or about to begin work, when Mr. Fussell and Mr. Edward Scaly came in at ten o'clock. The map of the Albury District was at that time in the safe. I left the map-room when Mr. Fussell entered it. I found the key of the outer door that morning on the accustomed nail inside the stable window. Mr. Slutppere. —I wind and regulate the clock at the Land Office, and have done so for, I think, fifteen to eighteen months. It is wound once a week, every Monday morning. It is compared with the telegraph clock not less frequently than twice a week, and generally oftener than that. The Land Office clock goes regularly, and has been goi:ig regularly and very correctly for months past. I very seldom touch the regulator. I have not done so for at least three months. When I first took charge of the clock it lost considerably, and it took some weeks or perhaps months to get it going correctly. At no time within the last six months have I had occasion when correcting the clock to move the hands more than a minute. Sometimes they are moved half a minute or less, and sometimes they are not moved at all. A minute would certainly have been its greatest weekly error at any time within the last six months. Nothing has ever happened to the clock which led me to believe, or which suggested suspicion, that it had. been tampered with. I keep the keys of it. There are two keys, one to open the case at the side by which to get at the hands, and the other to open the lower part of the case to get at the pendulum. The clock is hung on a nail in the wall, and it is nailed to the wall at the lower part of the case. It is not so firmly fixed but that it might be shaken, and it might be thrown out of the perpendicular by drawinS the nail out of the wall at the lower part of the case, but not without doing this. The effect of so shaking it or moving it would be, if it affected the going of the clock at all, either to stop it or to make it lose more or less. It could not possibly make it gain. The only way by which a gaining rate could be given to it is by screwing up the pendulum. It is of course possible for a person who had a key by which access to the hands of the clock is obtained to put it forward so as to show five minutes faster in the morning than it showed the previous evening, but he must have put it back exactly the same quantity afterwards, or I should have noticed the difference when I next compared it, but he could not do this unless he possessed such a key. The proper key is, as I have said, always in mv possession, and I have no reason to believe that any one has a duplicate key. Memorandum re Inquiry at Timaeu relating to Application for Section No. 24,089. The facts established by the evidence taken at Timaru are— 1. That Mr. Edward Bichardson, jun., being in the Survey Office at Timaru on the Ist of February, applied at four minutes past four o'clock for a certain section of land containing about 140 acres. 2. That the officer in charge declined to receive the application because it was after four o'clock, and informed Mr. Richardson that it could not be taken until ten o'clock the following morning. 3. That Mr. Henry Scaly was in the Survey Office when Mr. Richardson's application was made on the afternoon of the Ist of February, and heard what passed between him and the officer in charge.

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4. That Mr. Edward Scaly went to the Laud Office at between ten minutes and eight minutes to ten o'clock on the morning of the 2nd of February. That he waited until ten o'clock, and, as soon as the hand of the office clock was on the stroke of ten, applied for about 130 acres, part of the block applied for by Mr. Eichardson the preceding afternoon. 5. That Mr. Eichardson arrived at the Land Office at three minutes past ten, and was informed that he was too late, and that the land referred to had been applied for at ten o'clock by Mr. Edward Scaly. 6. That Mr. Henry Scaly informed his brother Mr. Edward Scaly of the circumstances connected with Mr. Eichardson's application of the Ist February. Mr. Fussell says that this was stated more than once by both the Messrs. Scaly; and a letter under Mr. Edward Sealy's signature, published in one of the Timaru newspapers, distinctly admits that this was the case. There is at first sight a difficulty with respect to the time at which Mr. Eichardson arrived at the Land Office on the morning of the 2nd February. Mr. Eichardson had, as he believed, set his watch two minutes fast of the office clock the previous afternoon, and it was exactly ten by his watch when he entered the Land Office, the office clock showing at the time three minutes after ten. Supposing Mr. Eichardson to have actually set his watch as he intended, and as he believed he had set it, either the watch had lost five minutes or the clock had gained five minutes since the preceding afternoon— that is, in about sixteen hours —or they had both gone wrong in opposite directions. But there appears to be no grounds whatever for supposing that the clock, which had for a long time past been going correctly, had either gained or been altered, and the probabilities are against Mr. Eichardson's watch having lost. Another explanation of the divergence must be sought for, and the explanation which suggests itself as the most probable is that Mr. Eichardson did not actually do what he intended to do. If he had intended to set his watch exactly by the clock, he would in all likelihood have done it correctly ; but he had it in his mind to make it two minutes fast of the clock, and he had to put the hands back from five minutes to ten minutes to make it so. It is suggested that he put it back two minutes beyond, that is, behind the figure which the clock at that time indicated, instead of stopping two minutes short of that figure. This is a class of mistake which surveyors and others habituated to use graduated circles know might easily be made. If this hypothesis be accepted, the time difficulty disappears; but whatever may be the true explanation of the divergence between the two timekeepers, it must be assumed that Mr. Eichardson arrived at the Land Office on the morning of the 2nd February at three minutes past ten o'clock. The questions to be considered are : — First. Whether Mr. Henry Scaly was entitled to inform his brother, Mr. Edward Scaly, of the application made on the Ist February by Mr. Eichardson. Second. Whether Mr. Edward Scaly, having obtained the information in this way, was entitled to use it as he did use it. The Messrs. Scaly are joint contractors with the Provincial Government for survey work, and have an office at Timaru. It appears the Provincial Grovernment rent from them part of their office building for a public office, and that people who wished to buy land generally go to this office to see the maps, and then to apply for the land they desire to purchase. It appears, also, the Messrs. Scaly work in the public office whenever they please ; that they are or may be present when applications for land are being made; and that, if present, they can, if they please, see all the applicants do, and must hear all that passes between them and the officer whose duty it is to receive the applications. It is a well understood rule, applying not only to a Government office but to mercantile offices and business establishments generally, that persons concerned with the conduct of the business of the establishment, whatever it may be, are not at liberty to talk out of doors to persons not associated with the establishment about matters connected with the personal concerns and transactions of clients and customers, and generally that they will regard as private and confidential all such things as may come to their knowledge as are in their nature private, and which the employer would expect them to regard as confidential. It is equally well understood that no employe is permitted to use for his own advantage, to the prejudice or detriment either of his employer or of any client or customer, information or knowledge acquired in connection with the position which he fills, or the duties with which he is entrusted. This rule is generally not written. It is not usual when the person's services are being engaged to import this stipulation into the agreement or to express it in the contract. It is implied as part of the common law of official life. A proviso that the employe is not to violate the confidence of his employer would be considered as superfluous and as anomalous, as would be a proviso that he is not to embezzle his employer's money or steal his employer's goods. The transactions connected with applications for land, the particulars of what applicants do, wliat they may intimate an intention of doing, and generally the communications that pass between applicants and the officers of the Land Office, are in their nature private until fully completed. The employer would certainly expect they would be regarded as confidential, and it would be held as altogether unlawful and improper if any officer or person connected with the Land Office should disclose matters of this kind to persons out of doors, or should use the information he may acquire in his official position and in connection with his official duties for his personal advantage, to the prejudice or injury of the applicant or any other person. If this view be accepted, it follows that unless the Messrs. Scaly have the right to stand in a totally different position as contract surveyors from an officer on the Government establishment, unless it be held that they are not amenable to the restrictions to which the permanent officer is subject, but are at liberty to disclose as they please anything that transpires in the Land Office, that they are entitled and free to use, for their own advantage, information and knowledge which they may acquire there without regard to the consequences to others. Unless it is held that they are intitled and free to do this generally, it follows that on this particular instance Mr. Henry Scaly was not intitled to convey to his brother the information which he did convey to him, nor was Mr. Edward Scaly intitled to use this information in the way in which he did use it. Will it be contended that surveyors, who work for the Government instead of for a salary, and are paid for their services at per acre instead of per annum (and this appears to be the only assignable

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difference between their position and that of the permanent officer), are exempt from the obligations and restrictions which regulate the conduct of the latter, and that such acts as are here referred to, which are not permitted to him, are permitted to them ? It is difficult to imagine by what arguments such a contention could be sustained. There is of course no proviso in the contract that confidence is to be observed with regard to business that may be transacted in the Land Office by the public in the contract surveyor's presence or hearing, and that they are to abstain from taking advatage of, to the detriment of other persons, information which they may acquire there; but the unwritten law before referred to must be held to be implied. Mr. Edward Scaly is as fully entitled as any one of the public to buy land, if he buys it as one of the public would buy it. As incidental to the carrying on of his survey work, he would become acquainted with the country in detail, and would know better than the majority of other people where choice spots are to be found. There could be no objection to his profiting by this knowledge, because it is no more than any one of the public might acquire for himself if he chose to go in search of it. It will also be admitted that Mr. Edward Scaly would have been entitled to apply for the piece of land which Mr. Richardson had applied for the moment the office was opened on the morning of the 2nd February, if he had obtained a knowledge of Mr. Richardson's intentions from any one not connected with the Land Office. But, as has been shown, this knowledge was not so obtained. It was in the nature of special information obtained mediately, if not immediately, from the Land Office. He would not, or at all events should not, have learnt it from the Government officer. He would not have learned it at all if his brother had not been present when Mr. Richardson's business was being transacted, and if he could not properly have used this information if it had been acquired by himself in the Land Office, neither could he use it when acquired there by his brother. It is stated by Mr. Fussell that Mr. Edward Scaly had, on the morning of the Ist February, intimated that he proposed or thought of applying for this particular piece of land at some time not named. Does this fact affect the question under consideration ? Apparently it does not. Mr. Sealy's intimation of what he intended to do at some time hereafter was not an application within the meaning" of the law. It could not be taken as conferring upon him a preferential right to the land in question as against any one who might subsequently apply for it, and if it did not do that, it did nothing. Mr. Scaly stood in an exceptionally favoured position as compared with the public, through his connection with the Land Office. That office is advertised as open to the public at ten o'clock. The public had no right to enter it before that hour. Perhaps this restriction is not rigidly enforced; but Mr. Richardson appears to have believed, and, by walking up and down the street near the office, to have acted on the belief, that he would not be admitted before ten o'clock. It appears that Mr. Scaly was in the Survey Office when Mr. Shaw entered at eight minutes to ten. No business could be done until ten; but Mr. Scaly went there before that hour, with the intention of anticipating Mr. Richardson if he should be late. Mr. Scaly has seen all the statements which the Waste Lands Board has before it, and has been allowed to take copies, and he has put in a written statement in reply. This paper, so far as it relates to the matter herein referred to, consists chiefly of comments upon the statements made to the Waste Lands Board by Mr. Edward Richardson, sen., and on the enumeration of the discrepancies between Mr. Richardson's statements, and those of his son, and the Government officers at Timaru. Mr. Richardson, sen., had no personal knowledge of the incidents connected with the applications made by his son and by Mr. Scaly ; and the information presented by him to the "Waste Lands Board purported to be, and was distinctly received by the Board, as what he had heard, not what he was able to vouch for from personal knowledge. The "Waste Lands Board thought it proper to obtain the direct testimony of his son, and of the Government officers at Timaru, who were personally cognizant of the incidents referred to ; and the evidence taken at Timaru confirms the original hearsay statement in all essential particulars. The discrepancies Mr. Scaly mentions are insignificant, and do not at all affect the main issue—namely, whether as between himself and the Government he was entitled to do what he did? An answer which fails to establish clearly and beyond question that ho was so entitled must be deemed insufficient; and the answer made does not appear to do this, nor does it even allude to the question. If a person going to the Land Office to transact business finds there, in that part of it to which the public are admitted, some one in whose presence he would rather not do what he had come to do, he may go away, or he may wait until this person has gone ; but as respects those whom he may find there connected, or ostensibly connected with the office, he has no such option. He cannot prevent those persons from knowing what he is doing ; and he ought to feel assured that no use other than that which ho intends, or would approve, will be made by. any one behind the counter of any communications he may make, and that what he may say or do will be regarded by them as confidential. It is due to him from the authorities that this assurance should be afforded to him. It is evident that in the present case that has been done, and the Government will no doubt think it right to take steps to prevent its being repeated. The action of the permanent officers of the Survey Department at Timaru throughout this transsaction appears to have been perfectly correct and satisfactory, and strictly in accordance with the Waste Lands Regulations. There is no room for the Waste Lands Board to entertain the least suspicion that the office clock had then, or has on any occasion, been tampered with. J. W. Hamilton, Deputy Chief Commissioner, Waste Lands Board. John Makshhan, Receiver of Land Revenue, and a Commissioner of the Waste Lands Board. Alex. Lean, A Commissioner of the Waste Lands Board. Board Room, Christchurch, 6th April, 1876.

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Extract from Minutes of Sitting of Waste Lakds Boaed, Gtli April, 1876. 24,089. In reference to minutes of Monday, 28th February, 1876, and to the Hon. E. Eichardson's hearsay statement then made to the Board; also, to detail notes thereof filed with the Land Office letters and records: — The Board deputed one of their number, viz. Mr. John Marshman, Treasurer and Eeceiver of Land Revenue, to make inquiry at Timaru into the facts alleged. Having perused his notes of unsworn evidence taken there, and received his personal statement, having also considered Mr. Edward Percy Sealy's letter to them of 27th March, commenting on the above notes of unsworn evidence, and on the several statements and payments submitted to the Board, of all of which he was allowed to take copies ; Do now agree to and have signed a memorandum of the facts ascertained, with their opinion on the matter. This memorandum they now order to be filed with the office records, and a copy thereof to be forwarded by the Deputy Chief Commissioner to his Honor the Superintendent, for such further action to be taken in the case as the Provincial Government may deem necessary and proper. Copt of Statement by Mr. E. P. Seaiy, 27th March, 1876. I hate received a copy of what purports to be evidence taken in Timaru with regard to the charges made by Mr. Eichardson against Mr. Henry Scaly and myself, in connection with the purchase of Section 24,089 at Albury. I beg to say that lam at a loss to understand in what way the taking of these statements can be held to constitute an inquiry as between two parties. The statements taken by Mr. Marshman, I presume, should lead the Board to a conclusion whether there was sufficient on the eoc parte examination to justify the Board in affording me the opportunity of meeting those statements in the usual way, by the production of evidence, but it cannot be taken as part of an inquiry, in which lam concerned. lam given to understand that the Board is prepared either to decide upon the merits of the case upon the evidence now placed before them, or, previous to doing so, will receive from me an answer to statements made by the witnesses examined by Mr. Marshman, without my having an opportunity of questioning those witnesses, or calling evidence in reply. In either case I must respectfully protest against the proposed manner of proceeding. I am prepared to show, if allowed an opportunity, by evidence: — 1. That on the afternoon of the Ist day of February, Mr. Henry Scaly did not, as stated by Mr. Eichardson, draw Mr. Fussell's attention to the fact that the official hour for closing the office was past. 2. That Mr. Richardson's statement, to the effect that no one either entered or left the Survey Office during the period between ten minutes to ten and ten o'clock a.m., is not in accordance with facts. 3. That when I first entered the Survey Office, on the morning of the 2nd day of February, Mr. Fussell was already in occupation of that office, and remained there until he and I went across to the map-room, in the manner stated by him in evidence. 4. That on the afternoon of February the Ist, Mr. Eichardson was cautioned to be present at the Survey Office punctually at ten a.m. on the following morning. 5. That a similar caution was afterwards conveyed to me. 6. That the road along the northern boundary of Section 23,923 was not defined upon the ground until that section was surveyed, and that the same road was not projected on the map by myself as stated, but by Mr. Shaw. I wish further to draw the attention of the Board to the discrepancies existing between the original statement laid before the Waste Lands by Mr. Richardson, sen., and the evidence given by Mr. Eichardson, jun., as shown in the following paragraphs taken from the documents referred to. The following statements made by Mr. Eichardson, sen, differ from those made by his son:— " That Mr. Scaly, contract surveyor, at about 4.6 p.m., drew Mr. Fussell's attention to the fact that the hour for closing the office was past. " That Mr. Fussell, at 4.6 p.m., refused to receive any further applications that day. " That Mr. Fussell, at 4.6 p.m., wanted Mr. E. Eichardson to be at the Survey Office at ten a.m. next day (the 2nd of February.) " That next morning he (i.e. Edward Eichardson, jun.) was walking up and down for about ten minutes in front of the Survey Office door; that no one entered or left that office during the time until ten o'clock." I wish also to point out to the Waste Lands Board that the statement to the effect " that Mr. Scaly, a contract surveyor, laid out the road along the northern boundary of Section 23923, of two acres," is unsupported by any testimony whatever. In conclusion, I respectfully submit for your consideration that, in justice to Mr. H. Scaly and myself, we should be afforded an opportunity of calling witnesses in answer to the charges made, before a decision is come to by the Board on the evidence of witnesses examined ex parte. To the Chief Commissioner and Members of the Edwaed Pebcy Scaly. Waste Lands Board.

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Enclosure 2 in No. 1. Mr. J. W. Hamilton to the Provincial Secretary. (No. 434.) Sir, — Land Office, Christchurch, 12th April, 1876. I have the honor to forward herewith a return of the quantity, &c, of Crown lands sold or granted in this province during the month of March last. I have, &c, ' J. W. Hamilton, The Provincial Secretary, &c. Deputy Chief Commissioner, Waste Lands Board.

ABSTRACT of the QUANTITY of CROWN LANDS SOLD and GRANTED in the different Districts for the Month ending the 31st March, 1876. RURAL LAND.

TOWN LAND.

SUMMARY.

District. Ordinary Sales. Auction. Compensation Grant. Total. 3hristchurch Jpper Christchurch Ashley Cimaru i^aitangi ... jincoln iUandeville ... illesmere ... Banks' Peninsula ... jy ttelton ... iV"aipara )xford tf alvern Lshburton ... iakaia Jpper Waimakariri A. E. P. 1,692 0 0 464 0 0 1,177 0 0 5,269 3 30 585 0 0 80 0 0 A. E. P. 9 3 7 A. E. 3?. A. E. P. 1,701 3 7 464 0 0 1,777 0 0 5,383 2 7 585 0 0 83 2 30 113 2 17 600 0 0 3 2 30 145 0 0 2,643 0 0 3 0 0 145 0 0 2,646 0 0 7,402 0 0 1,077 0 0 566 0 0 4,002 1 25 617 0 0 60 0 0 18 "o 0 6 0 0 7,402 0 0 1,095 0 0 572 0 0 4,002 1 25 617 0 0 60 0 0 Totals 25,780 1 15 154 0 14 600 0 0 26,534 1 29

Township. Ashburton South Kakaia G-eraldine ... Waimate ... A. 1 1 K. V. 1 0 1 0 £ s. d. 60 0 0 62 10 0 Total 2 2 0 122 10 0

To•n. 4. A. B. P. £ s. d. A. H. P. 25,780 1 15 154 0 14 £ 8. d. 51,560 13 9 327 19 6 irdinary Sales .uction 2 2 0 122 10 0 Total a 2 0 122 10 (J 25,934 1 29 51,888 13 I A. E. P. Compensation Grants under clause 42 Compensation Grants under clause 43 600 0 0 Total ... 600 0 0 J. M\ \ HAMIIiTOK, isioucr, Waste Lands Board. Deputy Chief Comtni;

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RETURN of CROWN LANDS SOLD and GRANTED from the 1st day of March to the 31st day of March, 1876, inclusive.

Purchase. Compensation Grantee. District. Section. Remarks. Date. Acreage. Acreage. Snd ith P. Clinton Ditto E. Bichardson ... Ditto Ditto Ditto ... A. St. G. Hainersley ... W. S. Peter Ditto J. Palmer T. Bussell Ditto J. M. Studholme J. Hall Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ditto J. D. Dickinson Gr. Holmes T. Spencer Ditto Ditto H. Miller J. Sullivan Ditto H. P. Gray S. E. Graham ... Ditto A. Matherson and others H. J. LeCren and others J. W. Mallock & another Ditto J. Studholme and others H. W. Packer Ditto J. Sullivan Ditto J. Hall T. Bussell Ditto T. H. Parkinson Ditto J. Mendelson ... J. D. Enys and another Ditto J. Hall Ditto P. Hanly A. Cardale Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ditto J. Mee ... ... • G. Eutherford, jun. ... M. Wilson A. E. P. 100 0 0 200 0 0 122 0 0 352 0 0 121 0 0 51 0 0 40 0 0 38 0 0 387 0 0 390 0 0 20 0 0 164 0 0 22 0 0 26 0 0 20 0 0 20 0 0 131 0 0 50 0 0 34 0 0 20 0 0 20 0 0 20 0 0 472 0 0 24 0 0 40 0 0 50 0 0 60 0 0 50 0 0 304 0 0 559 0 0 636 0 0 100 0 0 30 0 0 20 0 0 20 0 0 440 0 0 760 0 0 25 0 0 102 0 0 167 0 0 .512 0 0 217 0 0 20 0 0 40 0 0 26 0 0 20 0 0 20 0 0 55 0 0 40 0 0 20 0 0 26 0 0 23 0 0 139 0 0 27 0 0 20 0 0 90 0 0 50 0 0 20 0 0 45 0 0 65 0 0 37 0 0 30 0 0 10 0 50 0 0 44 0 0 Upper Christchurch Ditto Timaru Ditto Ditto Ditto Ditto Ashburton Ditto Ditto Ditto Ditto Waitangi Bakaia Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ditto Oxford Upper Christchurch Timaru Ditto Ditto Waipara Timaru Ditto Waipara Timaru Ditto Oxford Timaru Waipara Ditto Timaru Ashburton ... Ditto ' Timaru Ditto Bakaia Ashburton ... Ditto Banks Peninsula Ditto Ashburton ... Upper Waimakariri Ditto Bakaia Ditto Waitangi Malvern Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ditto Timaru Malvern Ashburton ... 24,219 24,220 24,221 24,222 24,223 24,224 24,225 24,226 24,227 24,228 24,229 24,230 24,231 24,232 24,233 24,234 24,235 24,236 24,237 24,238 24,239 24,240 24,241 24,093 24,247 24,248 24,249 24,250 24,251 24,252 24,253 24,254 24,255 24,257 24,258 24,259 24,260 24,261 24,263 24,264 24,265 24,266 24,268 24,269 24,270 24,271 24,272 24,273 24,274 24,275 24,276 24,277 24,278 24,279 24,280 24,281 24,282 24,283 24,284 24,285 24,286 24,287 15,897 24,288 24,289 ... 4 ith 3th

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Eettjbu of Ceown Lands iOld and G: [anted, <fcc. — continue! Purchase. Compensation late. Grantee. District. Section. Remarks. Acreage. Acreage. A. B. P. 39 0 0 20 0 0 114 0 0 45 0 0 36 0 0 53 0 0 113 0 0 370 0 0 3,100 0 0 86 0 0 26 0 0 500 0 0 40 0 0 20 0 0 213 0 0 136 0 0 27 0 0 142 0 0 458 0 0 33 0 0 20 0 0 A. It. p. 13th 16th M. Wilson ... J. Pitcaithly J. Mendelson ... Ditto Ditto Ditto E.W.England J. C. Tipping H. F. Gray Sir J. C. Wilson Ditto E. Tipping M. Wilson J. Hirst H. Fraser J. Studholme & another J. C. Tipping J. Studholme & another Ditto J. F. Ford and another H. Murhead G-. A. White Ditto P. Hyland H. Buchanan ... J. Studholme and others Ditto H. Kime J. Hall C. Gough J. Pitcaithly J. Davidson A. Macdonald ... W. Eoys and another... Ditto Ditto Ditto J. Lambie, jun. Ditto Ditto Ditto J. T. Brown W. S. Eobison J. Hall Ditto J. W. Mallock Ditto W. N. Milton M. Wilson Ditto W. Smart and others ... J. Studholme and others J. C. Tipping J. Studholme and others Ditto G. Coe H. J. LeCren & another H. B. Johnstone Ditto Ditto Ditto Ditto G. Todd M. Gebbie Ditto E. H. Tate and another F. D. Spencer Neare ... E. M. Morten 2 0 0 2,100 0 0 120 0 0 130 0 0 80 0 0 66 0 0 40 0 0 20 0 0 20 0 0 65 0 0 100 0 0 97 0 0 142 0 0 100 0 0 320 0 0 491 0 0 189 0 0 100 0 0 3 0 0 1,532 0 0 6 0 0 25 0 0 66 0 0 100 0 0 248 0 0 32 0 0 30 0 0 20 0 0 60 0 0 87 0 0 70 0 0 36 0 0 141 0 0 40 0 0 100 0 0 39 0 0 55 0 0 50 0 0 53 0 0 20 0 0 20 0 0 116 0 0 1 3 30 60 0 0 100 0 0 440 "o 160 0 0 0 Ashburton ... Banks Peninsula ... Ashburton ... Ditto Ditto Ditto Ditto Ashley Waipara Malvern Ditto Oxford Ashburton Eakaia Timaru Ditto Ashley Timaru Ditto Ditto Ashburton ... Ashley Ditto Ashburton ... Banks Peninsula ... Timaru Ditto Lincoln Eakaia Upper Christchurch Banks Peninsula Waipara Timaru Ashburton ... Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ashley , Christchurch Eakaia Ditto Waipara Ditto Ashley Ashburton ... Ditto Ashley Timaru Ashley Timaru Ditto Ashburton ... Waitangi Banks Peninsula Ditto Ditto Ditto : Ditto Ashley Banks Peninsula Ditto Timaru Christchurch Ditto 24,290 24,291 24,292 24,293 24,294 24,295 24,296 24,297 24,300 24,301 24,302 24,303 24,304 24,305 24,306 24,307 24,298 24,308 24,309 24,310 24,311 24,312 24,313 21,888 24.314 24,315 24,316 24,317 24,318 24,319 24,320 24,321 24.322 24,323 24,324 24,325 24,326 24,327 24,328 24,329 . 24,330 19,599 24,077 24,268 24,331 24,332 24,333 24,334 24,335 24,336 24,341 24,342 24,343 24,344 24,345 24.347 24,348 24,349 24,353 24,354 24,355 24,356 24,357 24,358 24,359 22,975 24,173 24,361 20th 27th

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Retubn of Ceown Lands Iold and G: rTED, &c. — continued. Purchase. Compensation Date. Grantee. District. Section. Remarks, Acreage. Acreage. 27th W. Wayis W. I\ Lister D. McLean R. Davies E. Richardson & another R. Wilkin R. M. Cotton H. Chamberlin Ditto J. Studholme and others Ditto Ditto Ditto J. H. Lee Minister of Lands and Immigration ... J. Lethwaite ... W. Wavis J. T. Brown Ditto Ditto Ditto Ditto D. McLean Ditto T. Sanderson and others Ditto Ditto Ditto Ditto A. Hamilton ... E. Chapman ... E. Elworthy F. W. Teschemaker and others C. Meyer A. Smith E. Tipping ..; H. J. Le Cren G. Gould and another J. Studholme and others Ditto J. and M. Studholme ... J. Studholme and others H. Greenwood... J. Studholme and others Ditto E. Chapman ... Ditto J. Scott D. Sladden Ditto Ditto J. H. Lee Ditto Ditto Ditto Ditto Sir J. C. Wilson J. Studholme and others S. Bealey T. Taylor J. Baxter Ditto A. E. P. 52 0 0 100 0 0 87 0 0 21 0 0 27 0 0 40 0 0 20 0 0 50 0 0 95 0 0 51 0 0 100 0 0 . 60 0 0 51 0 0 792 0 0 Ashburton ... Upper Christchurch Timaru Ashburton ... Ashley Ashburton ... Rakaia Ellesmere Ditto Timaru Ditto Ditto Ditto Waipara 24,362 24,363 24,365 24,366 24,368 24,369 24,370 24,371 24,372 24,373 24,375 24,376 24,374 24,377 28th 20 0 0 30 0 0 47 0 0 128 0 0 152 0 0 20 0 0 30 0 0 45 0 0 33 0 0 34 0 0 264 0 0 29 0 0 132 0 0 136 0 0 30 0 0 70 0 0 70 0 0 95 0 0 Timaru Banks Peninsula Ashburton ... Ashley Ditto Ditto Ditto Ditto Timaru Ditto Waipara Ditto Ditto Ditto Ditto Waitangi Ashburton ... Waitangi 24,378 24,379 24,383 24,384 24,385 24,386 24,387 24,388 24,389 24,390 24,392 24,393 24,394 24,395 24,396 24,397 24,398 24,402 30th 54 0 0 45 0 0 400 0 0 5 0 0 10 0 33 0 0 60 0 0 20 0 0 120 0 0 34 0 0 20 0 0 50 0 0 20 0 0 70 0 0 30 0 0 40 0 0 34 0 0 26 0 0 20 0 0 393 0 0 60 0 0 60 0 0 264 0 0 50 0 0 20 0 0 180 0 0 30 0 0 10 0 0 2 4 0 3 21 Ditto Ditto Timaru Oxford Timaru Ashburton ... Timaru Ditto Waitangi Timaru Waipara Timaru Ditto Ashburton ... Ditto Rakaia Oxford Ditto Ditto Waipara Ditto Ditto Ditto Ditto Malvern Timaru Rakaia Ashburton ... Ditto ... - ... Ditto 24,157 24,151 24,135 14,547 15,613 24,404 24,405 24,406 24,407 24,408 24,409 24,410 24,411 24,412 24,413 24,414 24,415 24,416 24,417 24,420 24,421 24,422 24,423 24,424 24,426 24,380 24,124 17,194 24,244 24,245 25,780 1 15 600 Deputy Chii J. W Hamilton, >f Commissioner, Wasi Lands loard.

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LAND SOLD by PUBLIC AUCTION, 17th March, 1876.

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lection. Grantee. Acreage. Cash Paid. Town of Ashbubton. 440 462 472 473 640 W. Ellery A. Wood W. Montgomery and Co. (Limited) Ditto A. E. P. 0 10 0 10 0 10 0 10 0 10 £ s. 12 0 12 0 12 0 12 0 12 0 d, 0 0 0 0 0 G. Johnston Total 1 1 0 £60 0 0 Town of South Eakaia. 359 396 400 358 334 W. Sutton J. Gray E. Taylor W. Shannon T. Whitta Q 0 0 0 0 0 1 1 1 1 1 0 0 0 0 0 12 10 12 10 12 10 12 10 12 10 0 0 0 0 0 Total 1 1 0 £62 10 0 Rubal Land. Timaru District. 23,508 23,541 23,760 23,863 23,864 23,963 23,964 23,344 23,544 24.002 23,385 W. Wells D. M. Eoss A. Lysaght D. M. Eoss W. Chisolm G. A. Eeade S. Kelland • ... E. Home D. Caird D. M. Eoss E. H. Tate and D. M. Eoss ... 9 17 12 12 16 16 6 3 6 5 5 1 0 2 24 1 0 3 0 1 30 3 0 3 16 2 ]8 3 0 1 24 3 25 18 10 38 10 24 10 28 1 32 17 36 17 23 6 7 4 13 10 11 18 11 16 0 0 0 0 G 0 0 0 0 0 :s Total 113 2 17 £247 0 a ChristcJmrch District. 24,047 24,049 24,050 24,051 24,052 24,085 24,086 Sir J. C.Wilson ... Ditto Ditto Ditto Ditto Ditto Ditto 0 2 1 0 0 1 2 1 23 3 32 2 0 1 2 1 2 3 16 2 12 0 15 5 18 3 0 0 10 0 10 3 14 5 3 !) 0 0 (! 0 o 0 Total 8 3 7 19 11 i) Oxford District. 24,155 Q. W. H. Lee ... 18 0 0 36 0 0 24,156 Malvern District. 6 0 0 12 0 0 J. Eeid 24,216 Lincoln District. 3 2 30 7 7 c E. W. Stafford ... 24,218 Banks Peninsula District. 6 0 0 G. A. Eeade 3 0 0

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No. 3. J Memoeandum by His Honor the Superintendent. I hate read these papers. The main facts, so far as they concern the Government as representing the public, are not I think affected either by discrepancies between Mr. Richardson's statement of what he heard of the facts and the statements of those who were actually concerned in them, or by any previous understanding between Messrs. Richardson and Scaly as intentions to purchase. The Government has only to do with the formal application for the land as made in the office, and to determine whether Mr. Scaly became the purchaser under other circumstances, and with other information from that of which one of the outside public might have been fairly possessed. On this point I think the decision of the Waste Lands Board is correct. The main facts are for the decision of this point undisputed, and I do not see that further inquiry can alter or modify them. Both the Messrs. Scaly had a right of entree of the office different from that of the public, and the public would naturally look upon them, and they are personally, when working in a public office, in a confidential position. In this instance it appears that Mr. 11. Scaly was working in the office, and was applied to for the dimensions of a certain piece of land by one of the public, Mr. Richardson, jun., and that he by that means became acquainted with the intention of Mr. Richardson to purchase. It is admitted that it was through the disclosure of this information that his brother became the purchaser. Mr. H. Scaly should not have disclosed what was communicated to him in an official or quasiofficial position, and his brother should not have taken advantage of the information. The delicacy of his position as a tenant of the office should also have prevented him from being in the office before ten o'clock, at which hour it is generally understood the public have the right to enter. Had he approached the office as one of the public by the public street at that hour, Mr. Richardson would have been more likely to have seen him. In the case of an officer under permanent engagement, he would properly be called upon to make restitution. Mr. Sealy's engagement with Government has terminated, and I can do no more than express the hope that he will see the propriety of doing this. I think these documents should be published ; and Mr. Scaly should be informed that they will be published, and should be given the opportunity of adding anything to them. Mr. Richardson should have a copy. The permanent officers of the Survey Department seem to be entirely free from blame in the matter. W. Rolleston. 13th April, 1876.

No. 4. Mr. Blakiston to Messrs. E. P. and H. P. Scaly. Gentlemen, — Provincial Secretary's Office, Christchurch, 13th April, 1876. I am directed by His Honor the Superintendent to forward to you the enclosed copy of a memorandun by the Waste Lands Board, relative to Mr. E. P. Sealy's purchase of Section No. 24,089. In accordance with His Honor's minute, the previous documents and evidence, together with this memorandum, and the minute attached, will be published for general information. In case you wish to add any statement, I am to request that you will forward it at once. Please return the copy of memorandum. I have, &c, A. Blakiston, Messrs. E. P. and H. P. Scaly, Timaru. Assistant Secretary.

Enclosure in No. 4. Memoeandtjm for His Honor the StTPEEiifTEirDENT. The Executive have read your Honor's minute of the 13th instant, the evidence taken by Mr. Marshman, and his report thereon. The Executive agree as to the publication of the whole of these papers, which disclose a state of things in the Timaru Land Office not creditable to any of the officers concerned. Mr. Fussell's evidence shows this very clearly, and, moreover, seems to indicate that the occurrence complained of by Mr. Richardson is by no means a solitary instance. The Executive are unable to agree with your Honor that no blame attaches to the permanent officers at Timaru, though undoubtedly the chief blame attaches to the Messrs, Scaly. Tour Honor suggests that opportunity should be given to Mr. Scaly of adding anything to the documents if he pleases. The Executive, however, think that there is no necessity for this, as Mr. Scaly has already had ample opportunity of doing so, and a statement by him commenting on the evidence is attached. The Executive take occasion to remark that if your Honor had acceded to their reiterated requests for the appointment of a Commission to inquire into the state of the Survey and Waste Lands Departments, the irregularity under consideration, which appears to have been a practice in the office, and probably others of which complaints have been made in the Provincial Council and elsewhere, might have been prevented. The Executive would also request your Honor to direct the publication, at the same time with these papers, of the memoranda between your Honor and themselves, on the subject of the Commission above referred to. J. CeACEOFT WILSOIT, 20th April, 1876, President of Executive Council.

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No. 5. Memorandum for Sir Cracroft Wilson. Without for the present entering upon the question raised in your memorandum about the case of the Messrs. Seal}', I take the earliest opportunity of reminding you of what you appear to have forgotten with regard to the minute of the Waste Lands Board. After reading it, and putting my minute upon it, I handed it to you. You took it home and brought it back next day. You stated your general concurrence in my view of the case, though you thought it was not as strong as might have been. I then said, "Do you agree that it should be forwarded to Mr. Scaly ?" and you said, "Yes." It was on the eve of the Easter holidays, and the Provincial Secretary was away. I said, " Very well, I will send them off ;" and added some remark to the effect that there would not be an opportunity for some days, and that it would avoid delay. I think, when you remember this, you will probably desire to withdraw your memorandum. I may add that I shall be glad to discuss the matter with you whenever convenient. W. Eolleston, 21st April, 1876. • Superintendent. P.S.—The minutes of the Waste Lands Board do not appear to have been before the Executive, or to have been read by them.

No. 6. Memorandum for His Honor the Superintendent. With regard to your Honor's minute of this day's date, I beg to state that I have no wish to withdraw the minute alluded to, in which every member of the Executive unanimously concurred. It is true that I generally agreed with your Honor's minute in re Scaly Brothers, though I thought it too mild. I highly approved of copies being sent to the parties concerned, among other reasons, because I was anxious that Mr. Scaly should have an opportunity of following your Honor's suggestion as to restoring the Eural Section No. 24,089 to the Hon. Mr. Eichardson. But I never intended to be understood to give my assent to a prolongation of the discussion by either of the parties concerned, for the simple reason, as stated in your Honor's minute, that the Provincial Government had no jurisdiction in the matter. The minute of the Waste Lands Board was read by the members of the Executive before the minute now under discussion was drafted, and, as stated above, it was concurred in by every member of the Executive. J. Cracroft Wilson, 21st April, 1876. President of Executive Council.

No. 7. [Telegrams.] Christchurch, 2oth April, 1876. Am sorry to hear of your brother's illness. Have been absent myself. Publication of papers will be delayed. H. P. Scaly, Timaru. W. Bollebton. 27th April, 1876. Mat I ask your Honor whether anything has been done in reference to my complaint as to the Land Office, Timaru. His Honor "W". Eolleston. E. Eichaedson. Eeplt re Land Office, Timaru. 28th April, 1876. Yes. Waste Lands Board have reported that Scaly Brothers were not entitled to do what they did. I have agreed in their report, and forwarded it to the Scaly Brothers, suggesting restitution. Edward Scaly very ill. Am sorry for delay. Hon. E. Eichardson. W. Eolleston. 28th April, 1876. I thank you for your prompt reply Timaru Land Office. His Honor W. Eolleston. Edward Eichardson.

No. 8. Memorandum for Sir Craceoft Wilson. In reference to our conversation of yesterday on the subject of the publication of the papers in the Timaru Land Office case, when you pressed upon me the publication of these papers, I have ouly to repeat that at Mr. 11. Sealy's request, in consequence of the serious illness of his brother, I have said that the publication will be delayed. I have forwarded the minute of the Waste Lands Board and my

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own minute upon it to Mr. Richardson, in anticipation of the full papers which will be forwarded when Mr. Sealy's reply is received. Mr. Richardson will then be entitled to add any remark before the papers are finally published. In reference to your minute of 20th April, in the latter part of which you appear to desire to mix up with this question a matter of personal difference of opinion between the Superintendent and the Executive, I have to state my regret that a matter which requires the most impartial consideration should have other questions imported into it. You will therefore excuse my entering upon that matter at the present time. W. ROLLESTON, 29th April, 1876. Superintendent.

No. 9. The Hon. the Colonial Secbetaby to Sir J. C. Wilson. Sic, — Colonial Secretary's Office, Wellington, 12th June, 1876. I have the honor to acknowledge the receipt of your letter of the 30th May, and to inform you that, in compliance with the request contained therein, it is proposed to advise His Excellency the Governor to appoint a Royal Commission to inquire into and report upon the administration of the Waste Lauds Department in the Province of Canterbury. I have, &c, Sir J. Cracroft Wilson, C.8., X.C.5.1., &c, Christchurch. Daniel Pollen.

No. 10. The Hon. the Colonial Seceetaet to his Honor the Supebintendent, Canterbury. Sic, — Colonial Secretary's Office, Wellington, 10th June, 1876. I have the honor to enclose copy of a letter from Sir J. C. Wilson, requesting that a Commission may be appointed to inquire into the manner in which the Survey Department of Canterbury is conducted, and the charges which have been made against it; and to inform your Honor that it is proposed to advise his Excellency the Governor to appoint a Royal Commission to inquire into and report upon the administration of that department. I have, &c, His Honor the Superintendent, Canterbury. Daniel Pollen.

No. 11. His Honor the Supeeintendent, Canterbury, to the Hon. the Colonial Seceetaet. Sib,— Wellington, 19th June, 1876. I have the honor to acknowledge the receipt of your letter of the 10th instant, enclosing a copy of a letter from Sir Cracroft Wilson relative to the appointment of a Royal Commission to inquire into the manner in which the Survey Department in Canterbury is conducted. It appears from your letter and its enclosure that, without any reference to myself as Superintendent of the province, upon the representation of a number of my Executive Council, all whose " acts and proceedings" are by law subject to my approval, the Colonial Government propose to advise his Excellency to appoint a Royal Commission to inquire into the administration of a department under my supervision. I am now for the first time informed that the application which you forward has been made to the Government, and, beyond the letter which you enclose, the papers referred to in which are not forwarded to me, I am not placed in possession of the reasons which have influenced the Government to entertain this proposal without previous consultation with myself as head of the Executive Government of Canterbury. As at present informed, I am not aware of sufficient reasons to call for the appointment of such a Commission, and I must protest against such an interference with my administration without my consent. I am the more surprised at the course taken by the Government, because it is only recently that I have personally assured them of my desire to afford every assistance to the Secretary for Crown Lands and the Surveyor-General in making full inquiry into the present condition of the surveys. I must point out, in conclusion, that the proposal to act upon the recommendation of one of my advisers —a recommendation sent to you without my knowledge or consent, is, as far as lam aware, an unprecedented course, and an aifront both to myself as Superintendent, and to the province of which I am the elected head. I have to request that this correspondence may be laid before his Excellency, in the event of his being advised to appoint a Royal Commission in terms of your letter. I have, <fee, Wm. Rolleston, The Hon. the Colonial Secretary. Superintendent of Canterbury. By Authority: G-eobgb Didsbubt, Government Printer, Wellington. —1876. Pric« Ib.]