Investigation into Land Board administration




191

acres when the matter was long ago settled
and the Land paid for. "Oh, no," said the
Chief Commissioner, "you have not paid for
it." "I beg your pardon," said I, taking out
my bank book, "my cheque for the price of
the land was cashed on the 3rd October, 1859."
The Chief Commissioner said, "Well I do not
know how it has happened, I may have mixed
it private with public matters." And after
making a slight change in the proposed line of
my pre-emptive right, the Chief Commissioner
gave me a receipt for forty pounds, and handed
me a cheque on his banker for £10, being the
difference between the price of my homestead
and the amount of my cheque, which he cashed
on the 3rd October, 1859.

This was on the 1st of May, 1860, seven
months after he had received my cheque. My
extent to the extent of 80 acres appears
to have been granted on the 7th March, 1860.
I trust that I have made myself understood
by your Honor, and that I may be permitted
to ask—first, why my application was not
sooner submitted to the Board? second,
whether the Government account at the bank
stands in the name of the Chief Commissioner
alone? and if not, third, whether he is autho-
rised by the Government to pay into his pri-
vate account monies entrusted to him in his
public capacity.

I have the honour to be, &c.,
T. FRASER.

Superintendent's Office,
Dunedin, May 23, 1861.

SIR—Having received a letter from Capt.
Fraser, containing a representation of certain
circumstances connected with the exercise of
his pre-emptive right to 80 acres of land and
the payment for the same, and considering the
enquiries made in his letter to assume the
form of animadversion on your administration
of the duties of your office as Chief Commis-
sioner of the Waste Land Board, I appointed
a Committee of investigation into the fact, sub-
mitting Capt. Fraser's communication, and
requested a report as to the character of the
transaction, and with reference to your per-
formance of your duties.

I take the earliest opportunity of forward-
ing you a copy of the evidence taken and the
report given in, and of assuring you that the
result arrived at by the Committee is in exact
accordance with the views I have taken on the
subject.

I have the honour to be, Sir,
Your most obedient servant,
J. RICHARDSON,
Acting Superintendent.
To the Chief Commissioner of the
Waste Land Board, Dunedin.

REPORT of a Commission appointed to In-
vestigate into the subject of certain
Queries by Capt. Thos. FRASER and
Examined into Alleged Charges against
Mr. W. H. CUTTEN, Chief Commissioner,
grounded on the above:—

Queries of Capt. Thomas Fraser.

  1. Why was Capt. Fraser's application not
    sooner submitted to the Board?

  2. Whether the Government account at the
    Bank stands in the name of the Chief Com-
    missioner?

  3. Whether the Chief Commissioner is au-
    thorised by Government to pay into his private
    account monies intrusted to him in his public
    capacity?

Alleged Charges grounded on the above
Queries.

  1. That Mr. W. H. Cutten retained Capt.
    Fraser's money in his private account
    (viz., £50.)

  2. That six or seven months elapsed before
    the money was paid to the Receiver of Land
    Revenue, when £10 was returned to Capt.
    Fraser.

Mr. W. H. CUTTEN, Examined:—

  1. What were the reasons for paying the
    cheque of Capt. Fraser, for £50, into your pri-
    vate account in the Bank? Answer: The
    Receiver of Land Revenue, Mr. Morris, de-
    clined to take charge of the cheque, so, for
    safety, I put it into the Bank in my own
    account. I would not have done this had I
    not met Capt. Fraser at Capt. Cargill's (my
    father-in-law's) and had accepted of his (Capt.
    Fraser's) hospitality when in the north. In
    doing this I acted as a friend would do. I had
    no cash chest in the Waste Land office of
    my own.

  2. What were the reasons for delay in
    passing Capt. Fraser's applications, viz., I for
    80 acres, and 2 for 10 acres each? Answer:
    Applications for pre-emptive rights were
    ordered to be laid before the Board, and these
    were to be put before the Board on the 16th
    Nov., 1859. There was no quorum on that
    date. On the 23rd and 24th Nov., also 21st
    Dec., the Board met, but took up no cases of
    pre-emptive rights. The next meeting was
    dated 7th Feb. 1860. This was the new Board,
    with numerous members, at which Capt.
    Fraser was present. Two meetings took place,
    but no business was transacted, the Board's
    time being taken up in drawing up rules for
    its guidance. The next meeting was on the
    7th March. Pre-emptive rights were entered
    into, those amongst the rest. They were
    granted, but next morning Mr. Gleeson ob-
    jected to the money being paid for the out-
    stations, as they were upon his run, not on
    Capt. Fraser's. The cause for further delay
    was also, on looking into the sketch of the 80-
    acre applications, found contrary to the pre-
    scribed rules of frontage. Capt. Fraser had
    consequently to seen to effect the alteration,
    before the payment could be made to the
    Receiver of Land Revenue. Capt. Fraser
    came into town on the 1st May to attend a
    Meeting of the Board on the 2nd. I saw him
    about this matter, when he agreed to the ne-
    cessary alteration in his 80-acre application
    and admitted that the two 10-acre applications
    were not on his run, but on Mr. Gleeson's.
    Thereupon I paid £40 to the Receiver of Land
    Revenue and returned £10 per cheque to
    Capt. Fraser, which at length settled his claims
    to the lands.

  3. What was the date on which Captain
    Fraser's application was passed?—Answer:
    The applications for 80 acres and two 10 acres
    were passed by the Board on the 15th March,
    but deferred by me owing to Mr. Gleeson's
    objections, and the irregularity of frontage
    above stated.

Mr. MORRIS, Clerk to Receiver of Land
Revenue, examined:—

  1. Did you refuse to take charge of Captain
    Fraser's cheque for £50? Answer: I have a


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Online Sources for this page:

PDF PDF Otago Provincial Gazette 1861, No 145





✨ LLM interpretation of page content

🗺️ Inquiry regarding land purchase application and pre-emptive rights (continued from previous page)

🗺️ Lands, Settlement & Survey
17 May 1861
Waste Land Board, Land purchase, Pre-emptive right, Shag Valley, Union Bank of Australia
  • T. Fraser (Captain), Complainant regarding land purchase and pre-emptive rights

🗺️ Correspondence regarding investigation into Waste Land Board administration

🗺️ Lands, Settlement & Survey
23 May 1861
Waste Land Board, Land administration, Investigation, Dunedin, Pre-emptive right
  • T. Fraser (Captain), Subject of land administration investigation

  • J. Richardson, Acting Superintendent

🗺️ Report of Commission investigating charges against Chief Commissioner of Waste Land Board

🗺️ Lands, Settlement & Survey
Waste Land Board, Investigation, Land Revenue, Official conduct, Dunedin
  • Thomas Fraser (Captain), Complainant regarding land application
  • W. H. Cutten (Mr.), Chief Commissioner, subject of investigation
  • Unknown Cargill (Captain), Father-in-law of W. H. Cutten
  • Unknown Gleeson (Mr.), Objected to land application
  • Unknown Morris (Mr.), Clerk to Receiver of Land Revenue