188

THE NEW ZEALAND GAZETTE.

with the representations made by them to the occupants of the Reserve, are, in
our opinion, sufficient to warrant us in pronouncing that the land comprised
therein was always intended to be, and that your Excellency's Government would
be perfectly justified in taking all necessary measures to have it utilized as "a
reserve for a public quay and for a colliery depôt;" and inasmuch as without a
railway from Westport to the Mount Rochfort Coal Field a coal depôt would be
useless, and the trade in such town would languish and probably die, we recommend
that the "Reserve" should be held as a security for the whole or any portion of
such railway, and be treated in manner prescribed by "The Immigration and
Public Works Act, 1875," sections 23 to 28, both inclusive.

Before dealing with the claims preferred against the Reserve, it will be, we
apprehend, necessary to refer your Excellency to a few of the circumstances under
which it was used and allotted.

During the years 1871, 1872, and 1873, serious encroachments were made
upon the town of Westport by the sea and the Buller River when flooded; a
considerable area was entirely submerged, much was placed in jeopardy, and the
loss to its occupants was, in many cases, considerable.

Early in February, 1872, a number of the settlers, who either had been, or
who expected to be, washed out, waited upon his Honor the Superintendent of
Nelson, who happened to be at Westport, and requested to be supplied with land
in lieu of that so sacrificed or likely to be lost.

After such request had been discussed by the Provincial Council in May and
June of that year, Mr. John Sharp proceeded to Westport to deal with some
portion of the Colliery Reserve in terms of the Resolution No. 2 passed by such
Parliament. (Vide the Journals of the Proceedings of the Provincial Council,
Nelson, 1872.)

Mr. Commissioner Sharp, by advertisement in the Westport Times, called
upon persons who had preferred claims to attend at the Court House at Westport
upon the 12th July to draw lots for order of choice, and to select their sections
out of that portion of the reserve coloured pink on the plan annexed, marked B.
Accordingly, 98 sections were so selected and allotted.

No rent or tenure appears to have been fixed; but as a fee of £5 was paid to
December, 1872, we are left to conjecture that the occupation was to be similar
to that acquired by virtue of a business license. From a speech made by Mr.
Sharp at a public meeting, published in the Westport Times of July, 1872, it
would appear he stipulated that buildings to the value of £50 should be
erected upon the allotments so taken up. He is reported to have said: "A
" liberal construction would be placed upon the restriction that building should
" be commenced within 'six months of the time of entering upon occupation of
"sections.' Probably it would reckon from the time approaches were finished to
"the sites."

In 1873 more land was required for other sufferers; and after the Provincial
Council of Nelson had been again appealed to (vide Proceedings of that body for
1873), Messrs. Giles and Dobson allotted 66 sections; and subsequently the
Municipal Corporation of Westport appropriated 14 more. It must, we think, be
assumed that the terms and conditions attached to the last two allotments were
intended to be identical with those prescribed by Mr. Sharp.

It was proved to us that Mr. Warden Giles inserted in the Westport Times
the following advertisement :—

COLLIERY RESERVE, WESTPORT.
It is notified for general information that a rent of £5 per annum will be charged for the occupa-
tion of each allotment on the Colliery Reserve. It is the intention of the Provincial Government to
apply to the Council for power to grant leases for fourteen years to those persons who shall have built
on their allotments before the 31st December next, occupation until that date being allowed on pay-
ment of £5.
P.S.—Parties holding business licenses which expire during the current year will be allowed to
reckon the value of such licenses as part of the rent to be paid in proportion to the time they have
to run.

Westport, 31st January, 1873.
JOSEPH GILES,
Warden.

Many of the claimants admitted to us their knowledge, whilst others asserted
their ignorance of the alleged conditions referred to by Mr. Sharp at the public