DEALINGS IN LAND.

New Zealand Herald, Volume LI, Issue 15613, 20 May 1914, Page 6

DEALINGS IN LAND.

A BANKRUPT SETTLER,

QUESTION OF RECEIPTS.

TRANSACTIONS WITH NATIVES.

Dealings in , native lands were discussed yesterday' at the first meeting of creditors in the estate of Walter Thorp, half-caste, a settler, of Taumarunui. The official assignee (Mr. W. .S. Fisher) presided, Bankrupt's liabilities wove set down a » £1291 to unsecured creditors, and £2817 to secured creditors. * J 3 estimated his securities (landed parties) as being worth.£4lßs, giving a surplus of £1357 over debts to secured auditors, and 0! £96 over his total debts. The assets were the surplus on the securities, and £20 estimated value of implements.

The principal unsecured creditors were: —Tarukc Kariko, Wanganui, £350; ffj. kato-Maniapoto Maori Land Board, £145 10ii; Messrs. Earl and Kent, Auckland", £100; Messrs. Tonson, Garlick and Com-pa-ny, Auckland, £86 lis sd; William Bell, settler, Taumaranui, £77 lis 6d; and A. F. Howarth, solicitor, Te Kuiti. £70.

The secured creditor -were: —Advances to Settlers Department, £1174 35s M ; A. Hatrick and Company, merchants, Wanganui, £1637 lis; Government Lands Jj e partment, £105Mr. Selwyn Mays appeared on bebalf of the. Waikato-Maniapoto Maori Land Board, and Mr. Campbell for Messrs. Tonson, Garlick and Company. Mr. Campbell stated that bankrupt had obtained from Messrs. Tonson, Garlick and Company some furniture on the hire-purchase Astern, and had''sold it, although he -bad no right to do so. Counsel, on this ground, objected to his clients being regarded a* creditors.

Examined by the assignee, bankrupt said ho obtained on tho hire-purchase system some furniture from Messrs. Tonson Garlick and Co. It was valued at about £300. A portion of the meney had been paid, but the furniture had Keen sold. Ho understood from a conversation he had with Mr. Garlick a lone; while after obtaining the furniture that he was at liberty to sell it. Bankrupt went to Mr. , Gariick's office to ask if he rould sell the furriture. He said lie was leaving Taumaninui to reside in Auckland, and ho did not want to move the furniture. Mr. Garlick replied that if bankrupt wanted more furniture lie could sell what he uid at Taumaninui., and buy more in Auckland. Bankrupt did not remember Mr. Garlick suggesting anything in regard to what was to be done with the proceeds. He bought from Brcwn and hons, Karangahape Road, other furniture in substitution for that which he sold. The value of this new furniture l was £13 17s 2d," and it had not been raid for yet. This purchase took place spout a year ago. A Native Agent.

Bankrupt said he started in business & a native agent in Taumarunui about 19W <jj" 1909. He had been living there sines ido4, and prior to 1908 was working in a sawmill. He had obtained a license to interpret in 1904. Ho was not now a licensed interpreter, because the license was taken away in the early part of the present year. It was about the latter end of 1908 thai, he acquired a 600-acre O.E.P, block. He bought land from tho original owner, Mr. Small, of Wanganui. He gave about £80 for the 600 acres, which was unimproved and subject to a yearly rental of £40. He was in partnership until about' March; 1911, at Te Kuiti. Afterwards, he went back.to Taumaninui, and commenced business on his own account. He again entered into a partnership, but it was terminated last August, and lie went on. to the 600-acre farm, and remained there till February of this year, when he and His wife and family came to Auckland. He Left the farm because the second mortgagee stated that he was'going to | foreclose.

Another Block Acquired. To Mr. Mays: In addition to the 600 acres, he acquired an adjoining freehold native block of 394 acres, in May or June of last year. The price was £1 10s per acre. With others, he had an interest is a block in Ohura.South. The area of this block was about 400 acres, and he had a half interest. The land was leasehold, and the rent amounted to Is 6d ::or the first 21 years, and 3s for the next 21 year?. The lease was confirmed by the WaikatoManiapoto Maori Land Board, in bankrupt's name alone. In 1911. be sold his interest, in this land for £400, to a man named Herlihy, who was now on the land. The transfer "did not go through the .Maori Land Board, but the transaction was j arranged by solicitors. The total purchase pricfl of the 394-acre block was £581, i and about £200 had so far beer- paid. The 'land was sold direct from the natives to himself, and the Aotea Maori Land Board confirmed the transfer. It was represented to the board .that the whole of the parchase money had been paid. Receipts were produced to show that all the money bad been paid. So far as he knew, the signatures on the receipts were lb* genuine signatures of the six or seven native owners. He admitted that the eontents of the receipts were false, although the signatures were genuine.

Close Examination. Mr. Mays : Can yoi tell us how and by whom the natives" were induced to sign the contents of the receipts which *&* false? It is not worth while hiding anything.—l don't know what you are-getting at. If you say that I induced them, then 1 will say it. Did you, or did you not, induce these natives to sign these receipts?—l did. The position is this: When the transfer was before tlva board the survey of the blocs had not been completed. The survey charges, whatever they were, would have come out of the purchase money. I told M* natives : that after the survey was completed, and the survey charges for_ the whole of the block had been ascertained, then their true proportion of the purchase money would be ascertained. Mr* Miy: Was the block surveyed?— Yes, it was completed at Christmas time. I The survey might have cost £100, but I [ have never been advised of the cost by the j surveyor. I Another Transaction.

In April of Inst year Le sold a block c! 200 acres belonging to a native woman to a European for £600, and received & purchase money in two instalments. The woman was illiterate, and received pa" of the first instalment. The transfer vrss confirmee, bv the Waikato-Maniapow Maori Land Board, and in that case W produced receipts to show that all tee purchase money had been paid. As, matter o:t fact, at the time it had not beta paid. Ho had a dispute with the woman. she declaring that she had not been paid, and ho contending that she hao. »* centlv bankrupt had made arrangement that'the balance of the money should. paid to the native woman, and tnebo.ni had handed over the transfer, which previously had beeirimnounded. The purely acted in good faith. It was over tff transaction that ho lost his license as native interpreter. He did not oanything to his partnership on any w» money. When ho bought the Unblock the only money he had **K. £80 purchase money. He had bono £500 from the Advances to Se Hers egg and spent it on improving the farm. • . that ho borrowed a further £570, was also spent on the farm. Mr. " g e had a second mortgage over the m This now owed Hatriek's about,«««■, fle money had been spent on the H™. lost a good deal of money«V stock. When in ?■**.£*£ books, but he kept no booh forth The meeting was adjourned sine _