Page image

1.-2

20

Government, but that, as legal possession had not been acquired of all the land required for the railway, the promoters entered into an agreement with the Government that the lands to be obtained were to be valued, the promoters to pay the value of the lands so ascertained, and the Government were then to acquire the land. The right of taking the railway through the land of Mrs. Ritchie was valued at £50, and paid by the promoters ; but the Government failed to acquire the right of so taking the railway. Mrs. Ritchie entered an action against petitioner and others, the remaining promoters of the said railway, and they were advised to compromise the said action by paying the sum of £312 10s. Their costs in the said action amounted to £100 18s., making a total of £413 Bs., which they pray be paid to them. The Committee find that this case is a rather intricate one. Mrs. Ritchie had two claims, one for trespass, and one for right of taking the railway through her land. The claim for trespass arose before the Government bought the railway* and the Government appears to have delayed acquiring the right to take the railway through the land, fearing that they would be involved in damages for trespass which the promoters ought to have satisfied. The promoters, on the other hand, might have acquired the right of taking the railway through the land under " The Land Clauses Consolidation Act, 18G3," but neglected to do so. The ultimate heavy payment of £413 Bs. resulted from want of diligence ou the part of the promoters, and also want of diligence on the part ofthe Government in acquiring the land under their respective powers. I am directed to report that the Committee is of opinion that, taking all the circumstances of the case into consideration, the petitioner is entitled to the sum of £150, on the condition that he surrenders to the Government all the rights he has obtained from Mrs. Ritchie. 29th October, 1878.

No. 335.—The Presbytery of Oamaru. The petitioners state that certain funds were set apart by the Presbyterian Church of Otago for a library endowment in any university or college that might be established in Otago, on condition that the professors should be appointed by the Trustees with the concurrence of the Synod. They learn that a Bill has been introduced which proposes to deprive the Trustees and Synod of the power conferred upon them by " The Presbyterian Church of Otago Land Act, I860." They pray that the Bill may not become law. I am directed to report that as the House has already dealt with the matter referred to in the petition the Committee do not deem it necessary to make any recommendation. 29th October, 1878.

No. 350.—Thomas Kirk. The petitioner is the present owner of part of section 10, block 8, East Taieri, sold by the Government to Walter Blackie, the said Walter Blackie obtaining access to it by the front part of the said section, subsequently the front part of the section was sold by the Government, but no right of road was reserved to the back portion of the section sold to Blackie. The petitioner prays that redress be afforded him. I am directed to report that the Committee is of opinion that the petitioner is entitled to a road to his land, and recommend the Government to use its influence with the Road Board of the District to take a road through Mr. Charters's land from the Brown Road under " The Public Works Act, 187G," at the cost of the petitioner. 29th October, 1878.

No. 259.—William Colenso. The petitioner states that for twenty years he has been a provincial officer of Hawkc's Bay in various capacities, and prays that compensation be allowed him for loss of office. I am directed to report that the Committee is of opinion that the petitioner is entitled to the same compensation as other provincial officers similarly situated who have been superseded by " The Abolition of Provinces Act, 1875," and recommends the Government to give effect to this opinion. 29th October, 1878.

No. 348. —The Waitaki Countr Council and the District Board and Rate pai; _rs of tbe "VVaitaki Boad District. The petitioners pray that a sum of £6'oi) be placed on the supplementary estimates for the purpose of recouping the Council and the Eoad Board the amount incurred in opening the line of road through pre-emptive right No. 2229, within the Waitaki Road District. I am directed to report that the Committee has no recommendation to make to the House on the subject-matter of this petition. 29th October, 1878.