NATIVE LAND COURT.

Marlborough Express, Volume XLII, Issue 215, 10 September 1908, Page 2

NATIVE LAND COURT.

The Court met at 10 o'clock on' Tuesday morning. Case No. 4 on the list, the application of Tiaki Waata and others regarding the subdivision of Waikawa West Block, was called on, and adiourned until 10.30 a.m. on Wednesday. Mr Upham is appearing on behalf of Mr John Heberley, and Mr Baillie is appearing on benalr or Wiremu Keepa, Aui Enoke, wite or Mr Hector Love, and the Boon family. Case No. 1 was called on, a confirmation of the conveyance ot part oi Yellaton Run lrom Thomas Heberley to Joseph Toms. Mr P. McDonald appeared for the applicant, jWx Joseph Toms. The conveyance bears the date of 24th. July, 1903, and Mr Toms bought the property at the price ot ten shillings per acre, which was the Government valuation at the beginning of the year 1903. The valuation of the whole of the Yellaton Run was proved by Mr E. Kenny, Government Valuer for the district, and he was examined by Mr McDonald regarding the valuations made by him, and confirmation of the deed was refused. Mr'Baillie, instructed by Mr Joseph Toms, then took up the cudgels on his behalf. He examined Mr Kennv regarding the valuations of the land at various times between 1903 and 1908. Mr Baillie argued that the application for the confirmation of the deed, was made immediately after,the deed was'executed, and was brought before Judge Bishop in the Native Land Court in Picton a few months afterwards, on the first available opportunity. He referred to the minutes of that Court, showing that the confirmation of the conveyance was refused simply on the grounds that no partition of the Yellaton Run had then been made, and not on account of the inadequacy of the consideration money paid to the vendor, Mr Thomas Heberley. Mr Baillie also referred to the improvements effected by Mr Toms, and to the interest of the lessee, Mr John-Heberley, junr., in the land. Confirmation of the deed was refused. When the Court met in the afternoon, Mr Baillie asked leave to reopen the case, and called Mr E. Kenny, Government Valuer, who stated that on seeing the plan of the land purchased by Mr Toms, and partitioned off for him by the Native Land Court, he considered it much below the valuation of the Yellaton Estate, taken as a whole, as it had no convenient landing place, and the land was of inferior quality. Other witnesses. are yet to be heard, as to th value of the piece of land purchased by Mr Toms. * Case Nb>. 2 was next dealt with. This was an application by Mr John Thomas Heberley for confirmation of a deed of conveyance from Jacob Heberley to the applicant of a portion of the Yellaton Run. Mr Upham appeared in support of the application, which was refused, on account of the inadequacy of the consideration money paid. Case No. 27 was struck out, as the applicant named in the "Panui" stated that he had given no authority ■60 the Maori interpreter, who'acted as ■* his agent in Taranaki, to make the application. , The land affected is tlwituaroa No. 1. v Case No. 28 was then called on. Mr Baillie and Mr Tahua Tahuaroa Watene appeared on behalf of the applicant, Mihi Rawhiti, who claims the estates of Heni Hineahi, deceased, as an adopted child (Tamaiti Whangai). Mr Budge and Mr P. McDonald appeared to oppose the application on behalf of the lfelatives (Whanaunga) of deceased. It was agreed between the parties that the evidence taken at Picton in December, 1904, before JudgeBishop, as reported in the minutebooks of the Court, should stand, and be produced as* evidence in the case. The property involved is of considerable value, and *t was agreed that the evidence taken should relate to all the lands mentioned in the "Panui," namely, Iwituaroa No. 1, Ngaruru ■No's. 1 and' 2, Toreamaunga, Waikawa Section 24, Waikawa No, 2 and No. 6 Blocks, Waikawa Section 27, and Wheruanui. Five witnesses were called in support of the application, namely, Maikara Par'ete Teira, Mere Whitikau, Mere Haimona, John Keenan and Joseph Toms, all of whom testified to the adoption of Mihi Rawhiti by Heni Hinehai. Mr Tahua Tahuaroa and Mr Baillie reserved the right to call other witnesses, who were at present unavoidably absent. Mr Budge and Mr McDonald then opened, the case on behalf !of the objectors, and called Mere Arthur, who gave evidence in detail regarding the various residences of Nihi Rawhiti, both at Waiwaka and Kairepirepi, and as to the alleged adoption. The Court adjourned at 4.45 p.m.