A.—3

24

EVIDENCE TAKEN BEFORE WESTPORT COLLIERY RESERVE COMMISSION.

Monday, 29th Noyembee, 1875. The Commission opened at 10 o'clock a.m., Mr. District Judge Weston and Mr. Warden Beetham Commissioners, being present. Mr. Thomas Mackay appeared to represent the Crown. Mr. J. B. Fisher and Mr. Haselden (Solicitors) appeared to represent several claimants. Mr. Geoege Fisher, Secretary to the Commission, read the Commission, which is dated the 3rd of November, 1875, and issued under and subject to the provisions of " The Commissioners Powers Act, 1867," and " The Commissioners Powers Act, 1872," appointing " Thomas Shailer Weston, Esq., of Hokitika, in the Province of Westland, Judge of the District Court, and Richmond Beetham, Esq., of Queenstown, in the Province of Otago, Resident Magistrate," Commissioners. The document sets forth the duties of the Commissioners to be—" To report fully what claims or liabilities are in existence upon the reserve, whether legal or equitable. To report also whether the original character of the claims or liabilities has been changed or modified by subsequent action of the Legislature, the Colonial or Provincial Government, or of the parties themselves. To recommend explicitly in what way each such claim or liability, or each class of such claims or liabilities, should be dealt with in accordance with justice to the individuals concerned and to the interests of the colony." The particular and especial duties of the Commission being, — Ist. To inquire into and ascertain for what purposes, and in what manner, and by what authority, the lands situate at or near Westport, in the Province of Nelson, known as the " Colliery Reserve," were originally set apart and reserved for the purposes of such Colliery Reserve, or for any other and what purposes; and whether the purposes of the said reserve have been in any manner changed or affected, and, if so, by what authority and for what purpose or purposes. 2nd. To ascertain what claim and liabilities are in existence in respect of or upon the said reserve, or any part thereof, whether of a legal or equitable nature, and whether affecting public interests or the interests of private persons. 3rd. To inquire and ascertain whether the original character of such claims or liabilities has at any time, and, if so, at what time, been changed or modified by the Legislature of the colony or of the Province of Nelson, or by the Government of the colony or of the province respectively, or by or through the action of any person or persons claiming any interest of a private nature in the said reserve or any part thereof. 4th. To consider of and report upon the expediency or otherwise of certain proposals made by the General Government of the colony to permanently utilize the said reserve as a security on behalf of the colony, ttnder the authority of an Act of the General Assembly affecting the said Colliery Reserve or any part thereof. And also to consider of and report upon the proposals of the said Government respecting the settlement of certain alleged claims made by persons in occupation of certain parts of the said reserve, and to recommend in what way each such claim or each class of such claims should be settled and disposed of, and whether in accordance with such proposals as aforesaid or otherwise in respect of the premises, as the Commissioners may think fit and expedient to recommend. And generally in the premises, and by all lawful ways and means, and subject as aforesaid, to examine and inquire into every matter and thing touching and concerning the premises in such manner and at such time as shall be deemed expedient. Judge Weston, in reply to a question from counsel, explained that evidence would be taken on oath, and that neither time nor trouble would be spared in obtaining every scrap of evidence likely to lead to a satisfactory adjustment of the business. By consent, it was decided to investigate the right to allotted sections first. At the request of Messrs. Fisher and Haselden the Commission adjourned till next day, at halfpast 9 a.m.

Tuesday, 30th Noyembee, 1875. CLASS B.—ALLOTTED CLAIMS. Section 3.—W. M. COOPER, Claimant. W. M. Cooper, sworn and examined : I have been in possession of section 3, Rintoul Street, for twelve months. In proof of my right to possession I produce a transfer from the original allottee, Ivatt Graves, to Mr. Fielder, for the sum of £8 10s. I next produce a receipt from Ernest G. Kelling, for £1, the rent for said section to 31st December, 1873. Mr. Kelling was Receiver of Gold Revenue on the Nelson South-West Gold Fields. I produce also a document signed by John Fielder giving receipt in the whole for £140, being the amount I paid him for the section, upon which were a cottage and outbuildings. And finally I produce a document signed by Ivatt Graves, the original allottee, transferring his right in the section to me. Judge Weston : I understand this is not one of the sections required for railway purposes.