Mr Smith : Pardon me. That won't do. What is required, now ia compliance witte

OTAGtO WITHEBS.
fluß&mnY 15, 1873

the 3Sth section. This resolution is not the judicial determination to which an applicant is entitled. An applicant is entitled to have the Board to say " yea" or "nay," to have it give a categorical answer stating whether the application is granted or not. Mr Smith then statedthat he understood the resolution, to mean a refusal. He might say at once that it was his intention to have the opinion of the Supreme Court upon the legality of the action taken, and he did not want the Board's resolution referred back to the Board by the Supreme Court to attach a meaning to it. The resolution was ambigu? ous in its wording, The Chief Commissioner : To my mind, the decision is a refusal, and J don't see why we should not say so, If you don't decjine the application I am bouna to give a Crown Grant at once for the surveyed land.
It was resolved that the application be de« clined. The words, "Application therefore declined," were inserted ir the former reso« lution after the words "with the consent of the Superintendent," Mr Smith then gave notice of his jnten* tion to appeal to the Supreme Court. He drew attention to the fact that the Board had neglected to obtain, as required by the 35th section, the consent of the Superintend dent to reserving the land from sale, The Board had no more power to withdraw that land from sale than any man walking the street.
Mr Tolmie : The Superintendent's aut thority to withdraw the land frona sale ia here.
