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whom no such licenses shall have been issued, and to the lands of such last mentioned persons being situated within the limits of the hundred." The words which I have underlined, if taken literally, would extend the power of the Wardens not only to lands occupied by unlicensed persons, but to their private property. I presume that the law is not intended to have that meaning, and will not be acted upon in that sense. If however, it is really intended to give this extension to the powers of Wardens, I should wish you to explain to me why you consider such a course to be necessary.

I am of opinion however that the operation of the Bye-laws should not be extended over private lands, except where they may be unenclosed.

I am, Sir, your most obedient Servant,
(Signed) GREY.

Governor Sir George Grey, K.C.B. &c., &c. &c.

Civil Secretary’s Office,
31st August, 1852.

HIS EXCELLENCY the Governor-in-Chief has been pleased to direct the publication of the following Despatch and its enclosure, relative to the Resolutions of the Land Purchasers of Nelson in July, 1847, for general information.

By His Excellency’s command,
ALFRED DOMETT,
Civil Secretary.

(No. 6.)

Downing Street,
10th January, 1851.

Sir,—I transmit to you, for your guidance, copy of a case submitted under my direction to the Law Advisers of the Crown respecting the Resolutions of the Land Purchasers of Nelson in July 1847, and the liability which has devolved on Government in consequence of this opinion: and also of a further Report (10th December) made to me by the Land and Emigration Commissioners on the same subject, and a letter (10th January) which I have caused to be addressed thereupon to the Chairman of the Halifax Committee of Nelson Land Purchasers.

2. By the 15th of those Resolutions it was determined that lands in Nelson should be sold by Auction: It would appear therefore that as the original Terms of Purchase were altered to this extent by the Resolution in question (and had been so before the Enactment of the Statute 14 and 15 Vict. cap. 86,) the sale of Lands by Auction within that Settlement is authorized notwithstanding those original terms. This mode of sale which I perceive from your despatch No. 120 of August 30th last you had already adopted in Nelson can be continued.

I am, Sir,
Your obedient servant,
(Signed.) GREY.

Governor
Sir George Grey, K.C.B.
&c., &c., &c.

(COPY.)

Downing Street,
10th January, 1862.

Sir,—I am directed by Earl Grey to inform you that his Lordship has had, for some time, under his consideration, a letter addressed to Mr. Hawes on the 23rd July last by Mr. H. Seymour, on behalf of certain of the non-resident land purchasers of Nelson. The legal questions raised by that letter were of such a nature as rendered it necessary for his Lordship to have the guidance of the Law Advisers of the Crown respecting them. Their opinion has accordingly been obtained: and as Lord Grey believes that Mr. Seymour and Mr. Bowler also, from whom he received another communication on this subject have left this country for New Zealand, his Lordship has directed me to communicate the result to yourself.

2. Lord Grey is advised that the assent of Col. Wakefield to the resolutions of July 1847 rendered them binding on the New Zealand Company and that those resolutions constituted a Contract which devolved on her Majesty’s Government in consequence of the Notice of surrender of the Company’s Charter.

3. It follows that the non-resident purchasers of land in Nelson from the Company (prior to the resolutions of July 1847) are entitled to the benefit of an Arbitration on their claims to compensation against the Company within the meaning of those resolutions: such Arbitration to take place in the Colony.

4. Lord Grey will therefore instruct the Governor to enter into arrangements on the part of her Majesty’s Government with such non-resident proprietors as may think proper to avail themselves of the proposal. It is, of course, understood