THE NEW ZEALAND GAZETTE. 189

meeting; but the occupiers of the allotments, by asking the Superintendent for
a reduction in the rent, and for the term of years mentioned for the first time in
Dr. Giles's notice, must, we think, be taken to have accepted the terms thereof ;
and we are of opinion not only that Mr. Sharp made the building stipulation, but
that it was known to and accepted by the allottees, that Dr. Giles's notice had
reference thereto, and that, to insure the bond fide use and occupation of the allot-
ments taken up, it was fair and equitable, and should have been respected.

On the 24th February, 1873, his Honor the Superintendent attended a pub-
lic meeting at Westport, called with a view to obtaining a modification of the
terms which, in our opinion, were made upon the allocation of the sections. His
Honor is stated to have delivered himself upon that point as follows:—
"In settling the terms upon which such sections should be held, the Pro-
"vincial Council had determined to withdraw the Colliery Reserve from the gold
"fields, and proposed that the same rate of payments heretofore made under
" business license, namely £5 per annum, should be continued under lease. But
" since coming to Westport he had found that, owing to the necessity of removal
" of buildings, the inhabitants looked upon the proposed rate of £5 per year, for
" 14 years, as far too much, and after fully considering the subject he was now
" inclined to agree with them, and he would suggest that, instead of asking them
" to sign leases for 14 years, at a rental of £5 per year, the terms might be £1 per
annum for the first two years, £2 10s. per annum for the next five years, and
" £5 per annum for the last seven years, thus making the burden lightest when
" difficulties were most pressing."

The original occupiers of the land coloured green located themselves under
business licenses, and for a time paid the usual licensing fee. Eventually, how-
ever, they relinquished the privileges acquired under the Gold Fields Act, and
claimed to be, and indeed they were admitted to hold as, tenants in terms of the
Superintendent's promises.

It was proved to our satisfaction that, whilst in many instances the allottees
have not performed the conditions imposed by Mr. Sharp, the Provincial Gover-
ment of Nelson have made no effort to fulfil the promises made by the Superin-
tendent in 1873.

At the instance of Mr. Commissioner Mackay, the Receiver of Land Revenue
refused to receive rents for the said allotments subsequent to November, 1874.

Your Excellency will perceive, by referring to Schedules A and B, that a
number of each class have built and paid rent, that others have built and yet have
not paid rent, and vice versa, whilst many have not complied with either condition.

Upon the premises just disclosed, we respectfully submit to your Excellency
that neither of the claimants have any legal or equitable right against the General
Government of this colony, inasmuch as, by nonpayment of the business license
fee, some virtually abandoned, whilst others never availed themselves of the pro-
visions of the Gold Fields Acts, and there is no evidence of the creation of any
other tenure.

The claimants comprised in the first three categories of each class are entitled
to relief at the hands of the Provincial Government of Nelson, and we commend
them to your Excellency's favourable consideration; but the claims mentioned in
the last subsection of B should be discarded. The original occupants of the
allotments pink and green were alike injudicious, the former for not taking up
and holding under business licenses, the latter for abandoning a position acquired
under the Gold Fields Acts. At the same time we conceive they were justified in
assuming that the Provincial Government would invoke the aid of His Excel-
lency the Governor, and the Provincial Council of Nelson, to enable them to respect
an agreement so easy of performance, and upon the faith of which people when in
extremis were induced to expend both labour and capital.

Such of the claimants in each class and subdivision thereof as hold under
derivative titles should be, we conceive, permitted to stand in loco the original
allottee and business licensee. To direct otherwise would be to inflict injury upon
many who have acted up to the letter of Mr. Sharp's conditions.

Some of the business licensees, who, in anticipation of being washed out,
succeeded in obtaining fresh allotments in the land coloured pink, have sold the com-