G.—2.

to the Board, and some conversation took place as to the portions of land desirable to be surveyed. These were shown, and other information relating thereto was afforded. At that meeting the members of the Board asked the Civil Commissioner wrhether the reserve was settled, and whether it could be dealt with. The Civil Commissioner stated that he had arranged the matter regarding the reserve, and had it " turned over;" that it had not been definitively decided where the 700-aere reserve was to be situated, and he had consequently placed it elsewhere. The Board thereupon decided to fix the site of the Town of Stratford at its next meeting, which was to be on the 4th June. On the 11th June, the Board passed the following resolution: "Moved by Mr. Standish, seconded by Mr. Syme, That the Commissioner of Crown Lands be requested to write to the Government, informing them that the Board has decided to lay out aud survey for sale 300 acres on the Patea Biver as a site for a township ; and that this Board recommends that tenders for felling the bush, in lots of 50 acres, be forthwith invited, in order to insure its being burned during the ensuing summer." 865. Was there any subsequent action of the Board fixing this as a site definitively ? —Tes. 866. Were these 300 acres mentioned in the resolution just quoted as part of the Township of Stratford ?—Tes. 867. At that time, had you before the Board the plan which Mr. Humphries, the Chief Surveyor, exhibited the other day when Mr. Hursthouse gave his evidence ?—I do not know whether we had that plan before us at the time ; but, if not, we had a tracing showing the position of the 700 acres. 868. Was the reserve of 700 acres marked on that tracing, as the tracing now before us shows it to have been marked ? —No ; it was marked immediately adjacent to the Mountain Boad. 869. Do you mean that the Board did not know there was a reserve made in that corner ? —The Board knew there were 700 acres marked adjacent to the Mountain Bead, but did not know whether it was a legally-constituted reserve or not. 870. Are we to understand that the Board did not know, at the time this reserve was made, that it was intended to be made ?—No ; it did not know it was reserved. 871. What did the Board suppose, then, was the meaning of the mark on the plan showing the reserve ? —The Board took it to be an indication that there was a reserve in that block : but they did not go by the plan only, but by the Gazette notice which was before them, proclaiming 20,700 acres, out of which an area of 700 acres was to be reserved. 872. At that time, was it not necessary that the land should be proclaimed as waste lands of the Crown, in order to bring it within the control of the Land Board ? —We were working under " The Waste Lands Administration Act, 1876." 873. Tou do not mean that the Board understood that such a Proclamation could be issued under the Waste Lands Administration Act of 1876 ? —The Waste Lands Administration Act of 1876 defined the action of the Board in respect to confiscated lands. 874. But you do not mean that the Proclamation was issued under that Act ? —No; the Proclamation was under the Immigration and Public Works Act. 875. The Proclamation which appeared in the Gazette of October, 1875, and which declared the block to be waste lands, was issued under the Public Works and Immigration Act ? —Tes. 876. Then, was not there an exception of the 700 acres made in that Proclamation, and did the Board not consider it necessary to learn what that exception was, before dealing with it ? —Tes ; they did not deal with it for several months, until they thought they had clear evidence they could deal with it. 877. The exception was declared by the Proclamation to be in the Waipuku-Patea Block, was it not ?—Tes 878. Was not the greater part of the land which you substituted for the 700 acres, situated outside the Waipuku-Patea Block ? —lt was, I believe, outside of it partially. 879. Did not the Board consider it necessary to find out what the exception was that was contained in the Proclamation? —We were aware that the 700 acres was placed elsewhere, and we did not look where ; and I immediately instructed the Chief Surveyor to lay out the town. 880. At what time after this was it, that the Board formally constituted the township as gazetted ? —On the 14th June, 1878, the resolution constituting Stratford town land was gazetted. The Board passed a resolution classifying the township under sections 38 aud 39 of "The Land Act, 1877." 881. And the town was accordingly gazetted ? —Tes.

At New Plymouth, Monday, 15th MAitcn, 1880. Major Beowjst further examined. 882. The Commissioners.] With regard to the new reserve you made instead of the Stratford reserve of 700 acres : is it not on land situate outside the Waipuku-Patea Block ? — Yes ; but I am not negotiating regarding the land outside tbat block. 883. But there are negotiations regarding the takoha to be paid to the Ngatitupaea still pending there ?—The position in respect to it is this : the money is to be held at the request of Hone Pihama iu trust for the owners absent at Parihaka, 884. Will any question arise in the course of those negotiations for increasing the takoha on account of your transfer of the reserve? —No. I may say that, in dealing with the confiscated lands, I do not admit the right of former Native owners to raise any special claim or difficulty in regard to those lands. 885. Tou take your stand, in fact, upon the confiscation ?—Tes. 886. Tou were speaking to us about a telegram which you received on the subject of the Stratford Beserve: what was it ?—I received the following telegram from the Under-Secretary on the 21st October, 1876: " Hon. Major Atkinson instructed you to lay off a Native reserve on the Hawera and Mountain Boad. He wishes to know whether it has been done." On the 25th October I sent the following telegram : ''Have been unable to shift the position of the Native reserve on Mountain Boad referred to by Hon. Major Atkinson. I hoped to succeed when land between Patea Biver and Kete.

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