146

Colonial Secretary’s Office, Auckland,
26th May, 1855.

Sir,— With reference to your letter of the 21st instant, requesting an opinion of the acting Attorney-General on a case referred to in a correspondence copy of which you enclose, I am directed by His Excellency the Officer administering the Government to request you to specify the point on which you require the opinion of the Law Officer of the Crown.

I have, &c.,
ANDREW SINCLAIR,
Colonial Secretary.

The Surveyor-General.

Surveyor-General’s Office, Auckland,
May 31st, 1855.

Sir,— In reference to your letter dated the 26th instant, in reply to mine of the 21st, I have the honor to state that the point on which I wished to obtain the opinion referred to, relates to the 5th paragraph of Mr. Farmer’s letter (a copy of which I forwarded with my letter above named).

The question raised, being, whether Mr. Farmer made a valid purchase, or is entitled to the land, under the Regulations of Sir George Grey of the 4th March 1853, the native title having been extinguished when he made his application, but no notice thereof having been given, nor the block declared open to selection.

Or, whether the said regulations were set aside by the instructions to me dated 11th November 1853 (a copy also enclosed in my letter of the 21st above referred to) in so much as relates to requiring a certain interval of time to elapse between the extinguishment of the native title prior to the sale of the same.

I have the honor to be, &c.,
C. W. LIGAR,
Surveyor-General.

The Honorable
The Colonial Secretary.

Sir George Grey’s Letter of Instruction to the
Surveyor-General.

Colonial Secretary’s Office, Auckland;
14th November, 1853.

Sir,— I have the honor, by direction of the Governor, to inform you that His Excellency has been pleased to direct that when new districts of land have been acquired from the natives, and when you have, in conjunction with His Honor the Superintendent, determined upon what public reserves are to be made in districts, that a Notice shall then be issued in the Provincial Government Gazette; stating on what day His Honor declares such district open to purchase, which day is not to be less than one month after the date of the publication of such Notice.

It will be your duty not to sell any land in such district until the date so fixed by the Superintendent; and further, upon the first day on which such district is open for sale, all applications for the same portions of land, made during the usual office hours upon that day, are to be regarded by you as simultaneous applications, and to be dealt with as such.

I have, &c.,
ANDREW SINCLAIR,
Colonial Secretary.

To the Surveyor-General,
Auckland.

Colonial Secretary’s Office, Auckland,
14th June, 1855.

Sir,— In reply to your letter of the 31st ultimo, requesting the opinion of the Law Adviser of the Crown on a point connected with a claim of Mr. J. Farmer to some land in the Hunua, I am directed by the Officer administering the Government to express to you His Excellency’s opinion, that the whole question is one peculiarly fitting for the decision of the Land Commissioners, and should be left to them without the prejudice of the opinion sought for being communicated to them.

I have the honor to be, &c.,
ANDREW SINCLAIR,
Colonial Secretary.

Surveyor-General’s Office,
July 2nd, 1855.

Sir,— I have the honor to forward for the information of His Excellency the Officer administering the Government, a copy of a letter which I have received from the Chief Commissioner of the Waste Lands Board, covering a Resolution of the said Board relative to the communication which you addressed to me on the 14th June, 1855, on the subject of a claim by Mr. J. Farmer to some land in the Hunua.

As the Board decline to act without the legal opinion referred to, I would suggest that it be communicated to them.

Your obedient, &c.,
C. W. LIGAR,
Surveyor-General.

The Honorable
The Colonial Secretary.

Waste Land Board Office, Auckland,
28th June, 1855.

Sir,— With reference to your letter dated 18th inst., I have the honor to transmit herewith copy of Resolution, No. 34 of the Waste Land Board.

I have, &c.,
CHARLES J. TAYLOR,
Chief Commissioner,
Waste Land Board.
C. W. Ligar, Esq.,
Surveyor-General.

Waste Land Board Office, Auckland,
27th June, 1855.

RESOLUTION, No. 34.

With reference to the correspondence with the Surveyor-General, on the subject of a claim to a piece of Land under Regulations of 4th March, 1853, and the question therein raised as to the legality of such claim, by reason of the case resting on the point whether certain instructions issued by the Governor to the Surveyor-General on the 11th November, 1853, are to have the effect of law in connection with the Regulations of the 4th March, preceding; the Waste Land Board considers that it could not be justified in undertaking to decide what appears more particularly to appertain to the department of the Law Officer of the Crown.

READER WOOD,
Secretary.