Decision of Appellate Court (Judges Johnson & Edger) 6/8/01
In view of the positive statements- made by Mr Mackay; unshaken on cross-examination,that it was part of the agreement, made by him as agent of the Crown, with the Native Vendors,that the Crown should pay the cost of the surveys of the parts retained by the Natives, the Court feels bound to hold- that the Natives are not liable for the cost of anyof these
surveys, so far as they are surveys of partitions made since.
and therefore refuse to make the Charging Orders asked
for.
It is true that Mr Mackaycould not shew authority in writing to make
such an agreement with the Natives,but the Court sees no reason to doubt-
his statement that he was often given a free hand to settle terms with
the Natives according to his own direction.
Though it is not now the Custom
to survey Reserves or other unsold parts free of cost to the Natives, such appears ta have been the general practice in earlier days, when also much smaller prices were paid for the land.
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