dated 28th February, 1853, was the Waitaki or Waitangi (which all acquainted with the native dialect know to be synonymous) to its source, hence by a line to the source of the Awarua, and that no map or plan was attached to that proclamation. It is therefore but reasonable to assume that the intention of that proclamation was to fix as far as possible a natural boundary between the Provinces of Canterbury and Otago. That in the opinion of this Council any alteration of the letter of Sir George Grey’s proclamation which would have the effect of substituting any other boundary than the one unambiguously defined, which is a natural boundary, would be mischievous in the extreme, inasmuch as the country on the border of the two Provinces being occupied as sheep runs, were there no natural boundary between them, the flocks of the runholders would be liable to mix. That the Province of Otago having at great expense succeeded in eradicating from all the flocks on its Northern border the disease called scab, which it has mainly been able to do by reason of the Waitaki being an effectual boundary, any alteration of that boundary to a less effectual one would lead to the spread of disease amongst the sheep of the Province, and be very injurious to the public interests of both Provinces.

4. That the boundary suggested by Colonel Mould is altogether unsuitable as a boundary for the above reasons, and is unfair to the settlers of the Province of Otago, especially to those who have obtained runs in the Northern portion of the Province, inasmuch as it throws into the Canterbury Province the whole of the available timber which is required to supply the wants of the inhabitants occupying upwards of five and one-half millions of acres of country.

5. That while such timber is of the utmost importance to the settlers in the Province of Otago, from the configuration of the country it can be of no value to the settlers of the Province of Canterbury, except to a few who may occupy that portion of the country now within the Province of Otago.

6. That to place the said timber land under the authority of the Province of Canterbury will be highly injurious to the settlers on both sides of the boundary, inasmuch, as the Canterbury Government sells the freehold of forest land, whereas the Otago Government reserve such land for the public use, and grants licenses to all to cut and use the timber growing thereon—such licenses being issued equally to settlers in the Provinces of Otago and in the Province of Canterbury. That to deprive the Province of Otago of the forest land referred to, would be highly injurious to the pastoral interests of the country, and that, in the opinion of this Council, under no circumstances ought such forest land to be sold or be allowed to pass into the hands of private persons.

7. That from the correspondence, and other documents, it would appear that Colonel Mould, in a preliminary report dated 20th June 1859, expressed a very decided opinion adverse to the interests of the Province of Otago, and that on the 7th October 1859, that gentleman was appointed Commissioner under the “Boundaries Act.”

8. That the appointment of Colonel Mould to inquire into and report on the Boundary Question, after he had expressed so decided an opinion, is contrary to all rules of justice, and that Colonel Mould, by forming that strongly expressed opinion without having perambulated the boundary to learn the nature of the country, or having heard the parties after his appointment, has prejudiced the question, and is thereby disqualified from inquiring and reporting, or otherwise acting as a Commissioner in the case.

9. That the Provincial Council of Otago therefore strongly but respectfully protest against the said appointment, and pray for the recall thereof.

10. That in the opinion of this Council no alteration of the boundary stated in the proclamation of 28th February 1853 ought to be made, until the same has been reported upon by a competent and impartial person, who shall have visited and examined the country in question along with the Chief Surveyors of both Provinces, so that its natural features may be known to the Commissioner, and the interest of the settlers duly considered by him.

That a copy of these resolutions be forwarded to the Governor, with a respectful request that His Excellency will be pleased to take the same into his favourable consideration.

ADDRESS

Of His Honor the Superintendent

On Closing the Eighth Session of

the Provincial Council of the

Province of Otago, 10th November 1859.

Mr. Speaker and Gentlemen of the Provincial Council of Otago—

I HAVE to thank you for the diligence and zeal you have used in disposing of the various matters brought before you for legislation, and for the satisfactory manner in which you have dealt with them, notwithstanding the difficulties and disadvantages unavoidably resulting from an unlooked for change of Ministry during the progress of your Session; and I have to thank you for the supplies you have voted for the public service.