sli Appendix, 
In devising or attempting to devise any remedy, we cannot lose sight of 
the fact that we have not only to be sound in our principles of measure- 
ment, but that we must also be sound in our principles of law. When 
these two sciences come into positive collision, as they will sometimes be 
found to do, it is very clear that the law must relax somewhat of its 
demands. A law can be made or altered, but we cannot alter the pro- 
perties of a mathematical figure. I feel that, to go at all exhaustively into 
the subject, would occupy a much greater portion of time than we have at 
our disposal this evening, but, after a good deal of reflection, I cannot see 
any practical way out of the difficulty save by the introduction of a special 
measure into the Legislature dealing with the whole subject. 
This measure might provide that in any district within which serious 
errors existed, a majority of the holders of land might, on application to the 
Surveyor-General, have a re-survey of their properties made and their titles 
corrected, the expense of the re-survey being defrayed either entirely or 
partly by the imposition of a special rate. 
The details of such a measure would require the most careful considera- 
tion, and the best authorities in the Colony, both in law and mensuration, 
ought to be consulted as to its provisions, otherwise it might prove a curse 
rather than a blessing. 
I would also, whilst upon the question of old and incorrect surveys, 
desire to record my opinion that the present system of trying suits involving 
questions of disputed boundaries by ordinary common or special juries is a 
very great mistake. 
In the matter of disputed boundaries, a very wise provision was included 
in “ The Crown Lands Act, 1862,” which reads as follows :-— 
“Section XIV. If in any action, suit, or proceeding, touching or concern- 
ing any Crown Lands, or any Grant, Lease, or License relating thereto, any 
question shall arise as to the limits or extent, or as to the boundary of any 
land comprised in any Grant, Lease, or License, it shall be competent for 
the Court before which such action, suit, or proceeding may be pending, to 
order and direct that such question shall be referred to any person or per- 
sons whom the Court shall think fit, subject to such terms and conditions 
as the Court shall think fit, and the award, order, and determination of 
such person or persons shall be conclusive in such action, suit, or proceeding 
as to the matter so referred, and shall be binding on the parties, and may 
be enforced as a rule of the Court, and the Court may make such rule or 
order as to it shall seem fit touching such reference or the costs thereof.” 
So far as I am aware the course of procedure contemplated by this pro- 
vision has never yet been followed by any of our Courts, and yet I venture 
to say it would be very much more satisfactory than the opinion of twelve 
