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Sir C. Lilley : How do you say that ? Mr. Hutchison : They recite the contract and do not mention the Act. Sir C. Lilley: If the law exists I presume a Proclamation may be issued under it. At present I think you assume that the Minister should act under the authority of the Mining Act. Sir B. Stout: The Minister did so under all powers and authorities. Mr. Hutchison : The general words near the end of the Proclamation are that the reservation is made "in pursuance and exercise of all powers and authorities enabling him in that behalf under the hereinbefore-mentioned contract or otherwise"; but these general terms must be controlled by the special reference in the beginning of the Proclamation to the contract itself. The Act is not once mentioned. Sir B. Buenside : Was it necessary to recite that; and, if he recited it, would it have any effect at all ? Mr. Hutchison : I shall wait with some curiosity to see whether the other side claim that these Proclamations were issued under the Mining Act. In the meantime I will assume they were not. Sir B. Buenside : The question is whether he had power to reserve, or whether he rightly reserved. Mr. Hutchison: The Governor had power generally to reserve under the Mining Act, limited within " the authorised area" by the express terms of the contract as to bond fide mining. I will rest this matter, in the meantime, on the contention that the Governor did not make these proclamations under the Mining Act, and that therefore they are void. Then, I have to contend—■ and this raises an important question as to the order of producing evidence—that this power, being an exception to the right given by the controlling words of the clause in the beginning, makes it incumbent on the other side to justify these Proclamations ; and, if that be so, it will be sufficient for the company to adduce prima facie evidence of their having been prevented from selecting the lands which are covered by these Proclamations. It would be upon the Crown to show that the lands referred to in these Proclamations were required for bond fide mining purposes. Sir C. Lilley : It would be for you to show the other way. Mr. Hutchison: I submit that it would be for the other side to show that they acted within the exceptions. Sir C. Lilley : He will have to show that they are in the exceptions. Mr. Hutchison : Yes. Now I come to the evidence which will be called on the subject of our being prevented from selecting land in consequence of these Proclamations. Sir B. Stout: In clause lof our particulars ? Mr. Hutchison: Under clause lof our particulars. Although the contract was dated in August, 1888, the company had, in 1886, raised £250,000 of share capital, and they had employed that money on works in connection with railway-construction, depending, of course, on the formal contract to be completed as might be arranged, as the result of the negotiations then pending. The first intimation on the subject of mining reserves seems to have been by a letter on the 6th August, 1888, from the manager of the company (Mr. H. Alan Scott) to the Minister for Public Works; I have it not, but probably nothing turns upon the actual words, but the contents are sufficiently indicated by the reply, which is dated the 13th August, 1888 : — " Sic, —I have the honour to acknowledge the receipt of your letter of the 6th August, requesting that you may have an opportunity of conferring with me before any lands are set apart for mining reserves within the ' authorised area.' In reply I have to state that the company will be afforded an opportunity of seeing the proposals before being finally determined.—l have, &c, G. F. Bichardson, Minister of Lands." Then, on the 27th August, 1889, the following letter was received by the manager from the Minister, also in answer to a letter from the manager, which I have not here, but again the contents are sufficiently indicated by the answer: — " Sir, —I have the honour to acknowledge the receipt of your letter of the 20th instant, relative to meetings held for the purpose of having lands in the Grey Valley withdrawn from the railway area, &c, and to inform you that the promise given in my letter, No. 634/2, of the 13th August, 1888, that the Midland Bailway Company will have an opportunity of seeing the proposal of the Government with reference to mining reserves before they are given effect to, has not been overlooked.—l have, &c, G. F. Bichardson, Minister of Lands." Nothing further appears to have been done until Mr. Bobert Wilson became general manager as well as engineer-in-chief and representative of the company in the colony. On the 6th October, 1890, he wrote to the Minister for Public Works as follows :— " Be Mining Beserves. " Sic, —I learn that the Government is taking steps to define some of these reserves, and that plans are already prepared, and I have to request that you will cause the company to be furnished with copies of such plans, so that there may be time for inquiring into the proposed reserves before they are finally decided upon, as already promised by the Minister of Lands in his letter dated 13th August, 1888, and on subsequent occasions." Then, we have next a letter from the Assistant Secretary of Public Works to the general manager, dated 23rd October, 1890 :— " Be Midland Bailway. — Mining Beserves. " Sir, —I am directed by the Minister for Public Works to acknowledge the receipt of your letter of the 6th instant on the above-mentioned subject, and, in reply, to inform you that it is intended to furnish your company with copies of the plans of the reserves proposed to be made before the auriferous areas are definitely decided upon." In July of 1891 there was an interview between Mr. Wilson, along with Mr. Scott, who still held office in the company, and the Minister. 7—D. 4a.