206

Provincial Law Officer’s opinion, seeing that the question at issue is purely one of law, and which may or may not be viewed in the same light by the Law Officers of the Crown and the Province. With reference to Mr Wood’s dissent from the Resolution of the majority of the Board, I would observe that I am not aware of the Colonial Secretary’s possessing any power to authorise the Treasurer of the Waste Land Board to act in opposition to the majority of its members, and to the meaning of the Waste Land Regulations, and that it is my opinion that whatever New Zealand Company’s Government Scrip Mr. Wood may receive in payment for land, he will receive at his own risk and on his own responsibility.

I have, &c.,

WM. BROWN,
Superintendent.

The Chief Commissioner,
Waste Land Board.

Superintendent’s Office, Auckland,
7th November, 1855.

Sir,—I have the honour to transmit herewith a copy of the Provincial Law Officers opinion on the competency of receiving Scrip in payment for Land outside Hundreds referred to in your letter of 31st ultimo, No. 66.

WM. BROWN,
Superintendent.

The Chief Commissioner,
Waste Land Board.

Princes-street, Auckland,
November 6th, 1855.

Sir,—I have the honour to transmit the following Report on the question referred to me for opinion by the Waste Land Board, through your Honor; namely, whether the Commissioners of that body are authorized to receive Scrip as payment in the sale of Crown Lands situate in this Province.

According to Sections 54 and 71 of the “Land Regulations” that body has the management of the sales of such lands within this Province; and the terms thereof, when effected by auction, are, 1, that one-tenth of the purchase money shall be paid on concluding the contract; 2, That the remainder shall be paid within one month thereafter. These directions are clear and explicit; and in the case under consideration, the sales were effected by auction.

Scrip is not money; but merely a certificate evidencing that the holder is possessed of or entitled to some property. It is, in law, a chose in action.

I am of opinion that the Commissioners have no power to receive Scrip of any description as payment in the sales of such lands, and that the amount for which they may receive the same can be recovered from them, as would happen in the case of any other agents, under similar circumstances.

In July, 1850, all the lands of the New Zealand Company, in pursuance of the provisions in that behalf contained in the 19th section of the 10 and 11 Vict. C. 112., reverted to and vested in the Crown subject to any contracts then subsisting in regard to such lands, and to the liabilities of the Company to the Nelson settlers, and to the liabilities contracted by such Company with the consent of its special Commissioner during the suspension of certain Royal Instructions mentioned in that Act.

The Land Scrip issued by the Company may be regarded as the evidence of such contracts; and can only relate to lands situate in the several settlements lately under its management and direction.

An Ordinance was passed by the Local Legislature of the Colony, in August, 1851, for the alleged purpose of ascertaining the contracts and engagements of the Company; and under its provisions, certain persons who had claims against that body, obtained Government Scrip as a consideration for the relinquishment of the same. This Scrip, according to a provision contained in the twenty-third section of that Ordinance (Sess. xi, No. 15), was to be received as cash, in the purchase of Crown Lands, by the respective treasurers of New Ulster and New Munster; but as those two Provinces no longer exist, (having been extinguished by the Constitution Act), this provision cannot be acted on, but is wholly inoperative.

I have the honor to remain,

Sir,

Your honor’s obedient servant,

SINGLETON ROCHFORT,
Law Officer for the Province of Auckland.

His Honor WM. BROWN, Esq.,
Superintendent of the Province
of Auckland.

REMOVAL OF THE REGISTRY OF DEEDS OFFICE.

Auckland, 5th November, 1855.

THE Registry of Deeds Office has been removed from the Court House to the Brick Building, belonging to Mr. Guilding, near the Scotch Church, and now occupied as the Superintendent’s Office.

ROBT. KELLY,
Registrar.

Superintendent’s Office, Auckland,
November, 1855.

I HEREBY notify that I have appointed Mr. William Charles Short Lewis, to be Harbour Master for Manukau Harbour. The appointment to date from the 19th October last.

WM. BROWN,
Superintendent.