A.—No. 2a

46

APPENDIX TO RETURN RELATIVE TO THE

no end of confusion. One block, Pangaroa, surveyed within the last few months, includes two of my old surveys —Papanui and Pukaingateru—following my boundary lines both on the east and west for several miles.

At the last sitting of the Court here, Te Eau o Te Huia Block was called up, but adjourned until a future sitting, on the ground that an internal boundary required to be surveyed. This I told His Honor I would do at once ; but he replied, "It is no use, the case cannot be heard; " knowing at the same time that Mr. Mitchell was altering a line upon one of his recent surveys under similar circumstances. Another of my cases was heard, Pukaingateru, and judgment given in favour of the Tapuika and Ngatimoka Tribes. These people applied to His Honor not to use mv plan for making out their certificate of title, although it was used in the Court throughout the whole of the investigation of the case. Owing to this I see but little chance of obtaining my money, and have therefore to appeal to you in the matter, to see what can be done. I feel quite satisfied that difficulties would not have arisen had the investigation of these cases taken place within any reasonable time after the surveys were completed, and before other surveys were made to overlap. I have therefore respectfully to request that you ■will endeavour to secure me in some way for the payment of these surveys. I was the first in the field, and the other surveys were not made until recently, with the exception of Captain Goldsmith's; his works joined mine without overlapping in any way. I may here state that the fact of my having been kept out of this money for so long a time, however small the amount may seem, and paying heavy interest, has been almost my ruin. I have, &c, Theophilus Heale, Esq., A. C. Tubjtee, Inspector of Surveys, Auckland. Licensed Surveyor. Referred to Sis Honor the Chief Judge. Amongst the many complaints of misconduct and overcharge against surveyors, it is well to see what may happen to a competent and honorable one. These surveys were made four years ago ; the maps were excellent in every way, and the charge averaged Bd. per acre. Not only has he never been paid anything, but after seeing his maps made use of by the Court, he finds that the awards are likely to be given on other surveys quite recently made ; and so he may most unfairly be deprived of his lien, on the supposed security of which, as he observes, he borrowed the money necessary to carry on the work. 24th March, 1871. Tiieops. Heale. Mr. R. C. Joedan to the Hon. Colonel Hatti/tain. Deae Sib,— Tauranga, 30th June, 1871. In compliance with my promise, I will proceed to give you, as condensed as possible, my views respecting the Native Land Act, as far as relates to Natives and licensed surveyors. It appears to me— 1. That the expense of surveys should be materially reduced. 2. That some method should be adopted by which the present numerous overlapping and repeated surveys, and consequent litigation, should be avoided. 3. That the rales relating to surveyors" evidence should be so altered as to admit of compliance on the part of surveyors. 4. That in each Native district there should be some public record of surveyed Native lands, in order to discourage the present Native practice of selling or leasing land several times, by giving those about to expend their capital some possibility of obtaining information. I imagine it would be possible to obtain the above objects by appointing one licensed surveyor to each district. Such surveyor could then combine some other means of obtaining a livelihood with that of surveying, such as farming, &c.; and become what is almost impossible under the present system of surveying, viz., an useful member of society, instead of, as at present is too often the case, sineply an itinerant semi-professional man, making the most out of his client, knowing that his services will not be required again. The surveyor is now obliged to make his charges disproportionately heavy for the service rendered, as he has to risk the loss of capital necessary to perform the work in several ways ; at the best, to wait an indefinite and often very long j>eriod for payment, the Chief Judge having several times in my hearing requested Natives not to pay for surveys until completed, and at the same time informing them that the survey is not complete until the surveyor's evidence is taken in the Court. I made surveys amounting 1o nearly £500 in Maketu, in 18(57, for which the Natives will not pay me one penny, the claim not yet having been heard. The chances of total loss are, that some other Native may employ a surveyor to resurvey, or partially so, the same block, and a certificate may be ordered on the second or third survey, total loss ensuing on previous surveys. Then, again, I have known an instance of certain Natives inducing a surveyor to survey a block of land for them ; after four years it was passed through the Native Land Court, when the originators of the survey, having proved their title jointly with others, request that the certificate may be ordered in the name of those owners who had not authorized the survey, thus evading payment. I have also known four surveyors attending a Court, each with a plan of the same piece of land, with some trivial difference, neither of them being aware, until he had commenced his survey, that there had been one previously ;of course, one only would be paid. This state of things could not be if each surveyors were confined to one district. I think it would be a great benefit to the profession, to the Natives, the public, and the Government, were District Surveyors appointed, each to receive a small salary from the Government ; their charges for surveys to be according to a fixed scale, regulated by the vegetation, the distance to be travelled, and the size of the block; each surveyor to keep an ofiice, such office to be provided with.