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upon the ground. This omission seems, as far as we can discover from the practice in force with regard to such applications, to have occurred in the Gold Fields Secretary's office. That had the Warden been called upon at any time from 186S to report, he would have reported against the sale, and the sale, in consequence, would in all probability not have taken place. That McDonald misled the Board by stating in his application that the land had been previously agreed to be sold to Acton ; whereas, in fact, the sale of it had been refused. That McDonald made the application to purchase under an arrangement with Bastings, namely, to convey the freehold to him if obtained, for the sum of £200 beyond the purchase money, which was given effect to. Finally, we recommend a strict adherence to the practice of calling for a report from the Warden or other suitable person, before dealing with any applications for the purchase of land within the gold fields, as the omission of this in this case was the main cause of a block of auriferous land passing into the hands of one person, which experienced miners believe might have been profitably worked by a considerable number of men in ordinary claims. We have, &c, James P. Maitland. His Honor the Superintendent, Dunedin. Thomas L. Shepherd. Sub-Enclosure 1 to Enclosure in No. 6. Partnership in Break'em All Claim dissolved on 20th March, 1871, and advertised and sold on 17th April, 1871, to Simson and Bastings, £75. On 19th December, 1870, the certificate of One Acre Claim cancelled, does not appear to have been taken up again until Messrs. Simson and Bastings applied for four acres, including " Break'em All" and One Acre Claim on 23rd June, 1871. Transfer of water license 2,560 from Bush Head of Winding Creek from Dods to Do Carlo 28th May, 1869. Transfer of water license from De Carle to Bastings aud Simson, 23rd June, 1870. Taken from certificate book of Warden's Court, Switzers, llth February, 1873. James P. Maitland. T. L. Shepherd. Sub-Enclosure 2 to Enclosure in No. 6. Memorandum for T. L. Shepherd, Esq. Survey Office, Dunedin, 2nd April, 1873. Acton's application is outside of the Commonage Reserve, both by the sketch attached to Swanstone's lease and the best topographical map we have in the office. The same has not been actually surveyed, but I think will be found nearly correct. I have, &c, J. T. Thomson, Chief Surveyor. Sub-Enclosure 3 to Enclosure in No. 6. Evidence. John Turnbull Thomson, Chief Commissioner, Waste Lands Board, examined. I produce Acton's application to purchase the 50 acres ; it was lodged on the 12th May, 1868 ; it first came before the Board on 13th May, 1868. I produce minute of Waste Land Board, application of William Acton, of Winding Creek, for 50 acres on run No. 254b, with which was produced the runholder's consent. "Resolved, That the amount of survey be deposited, as on survey of preemptive rights." This signified, according to my opinion, that the Waste Lands Board were, in the first place, inclined favourably to consider tho application, otherwise they would not have put the applicant to the expense of surveying it, the more so as large improvements were stated to have been put upon the land. I think at this time the Board was in doubt as to whether the land applied for was within the limits of the gold field. The application next came before the Board on the 14th October, 1868, when Mr. E. De Carle, on behalf of Mr. William Acton, applied to purchase 50 acres on run 254b, with consent of runholder, being the same 50 acres originally applied for by Acton. Minute. —" Read the report of surveyor, and examined map produced; consideration deferred." Present —Cutten, Thomson, Secretary Land and Works, and John Hughes. Application again came before the Board on 28th October, 1868; it was then refused, being within a gold field. Present— Cutten, Thomson, Secretary of Land and Works, and John Hughes. I do not know that any representations were made to the Board at this time. The application again came up on llth November, 1868, when Mr. William Acton again applied to have granted him the 50 acres, and stated he had made improvements, of which a survey had been made. The application was refused, being within a gold field. My impression was that most of the members at the time thought they had not power to sell land within a gold field; but their wish was evidently otherwise, to sell it to Acton. Present—Cutten, Thomson, and Hughes. The application did not come before the Board again until 4th May, 1871. Present —Chief Commissioner Thomson, Haughton, Gold Fields Secretary, and Cargill, Provincial Secretary. "When Allan McDonald applied to have section 1, Wendon District, agreed to be sold to William Acton, granted to
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