33054-006693

1 51/10948

No.109 51-10.948

Mr. Tooth's Tender is one of those which will be affected by the decision of the Government to reserve from Lease all Land situate within two miles of either Bank of the Mary River to a point to be hereafter determined until that point shall have been fixed -

The Honorable The Colonial Secretary

[marginalia] MF 1-.

Re Minutes of Council referred to, is now herewith. I am not aware of any special grounds for exempting the River of Mesr. Tooth from the operation of the Reserve. 4 Decr

Let him be informed to that effect. 6th. ChFR

Messr. Tooth informed 10th December 1851: Ch. Comm'r made acquainted

be [... resulting still] to defer the acceptance of the Tender - but this can only be [...ascertained] upon a reference to the local Commissioner 2. In the first instance the tender of Mr Tooth was kept in abeyance in consequence of doubts being entertained as to whether the bank being situated adjacent to tide water was not included within

 9 the Settled Districts proclaimed by the Order in Council, as within 3 miles of the [Lease/Land]- and upon the settlement of this question arose the further one of the proposed reserve. 3. [...Further/insofar] the/this communication seems to be intended as a [...protest] against the reservation of the Land, but the circumstances being

been fully adverted to, in my Blank Cover report, No 301 of the 27th Sept. last prior to the venture being approved. I see no reason to offer any further observations upon the subject. G.W. Barney Chief Comm of Crown Lands

Crown Lands Office 29 Nov 1851 R[...] Returned C.S.O. 1 Decr 1851.