THE MAKAURI CASE.

Poverty Bay Independent, Volume I, Issue 80, 28 November 1885, Page 2

THE MAKAURI CASE.

The following particulars relating to the above case will prove interesting to the general reader: — This is an action brought by Samuel Locke, Esq., against Riperata Kahutiaand others (Europeans and natives), in which he prays as follows : — (a.) That an enquiry may be made who are the persons entitled to the said lands, and in what respective shares and proportions, and for what respective estates and interests, and whether they are respectively parties to this aciion. (b.) An enquiry whether the plaintiff and the defendants respectively or any and which of them have or has during any and what time been in receipt of the rents and profits of the said lands, or of any and what p irts thereof, and whether the plaintiff and the defendants respectively have or has during any and what time been in possession of any and what parts of the said lands. (c.) An enquiry what would have been a proper occupatio.i ic... or us.upation in respect of such parts of the said landslf as have been in the occupation of the plaintiff, and of any and which of the deiendants respectively, or in possession or receipt of the rents and profits of which it > shall appear they or any of them have

been, and that the defendants respectively inay be charged with such occupation rents respectively during the times they were respectively in such occupation or possession, and the plaintiff offers to submit to be charged with an occupation rent for such part of the said lands as have been in his occupation or possession for such time as he has been in occupation or possession thereof. (d) An enquiry whether the Plaintiff and any and which of the Defendants has or have laid out or expended any and what sums of money in substantial repairs or lasting improvements upon the said lands or any part thereof, and under what circumstances, and that the Plaintiff and such of the Defendants as have properly expended any sums of money in substantial improvements on the said lands or any part thereof, may be allowed the sums so expended. (e) That a partition may be made of the said lands, and that the Plaintiffs share thereof may be allotted to him in severalty. (f) That provision may be made for the costs of this action. (g) For such other judgment as this Honorable Court may consider the Plaintiff entitled to. A number of the defendants, including «Riperata, have pleaded to the action, and ►.liege that the late Captain Read purchased several shares from the original grantees. That disputes arose subsequently regarding the area of land to which Read was entitled, and that Mr Locke (the plaintiff), who was then Government Land Agent in this district, settled such disputes in an amicable manner by allowing Read about 680 acres, and which Read accepted. Some years afterwards the plaintiff purchased Read’s interests in the said block, and the Native Land Court allocated to him the area which he had agreed with the natives for Read, but now he claims more than the 680 acres which Read agreed to accept. The defendants object to him having any more, alleging that he should be bound by the agreement made in the first instance and by the order of the Native Land Court. The plaintiff then obtained a decree, which was not opposed by any of the defendants, to the following efiect :— (a). An enquiry who are the persons entitled to the lands mentioned in the Plaintiff’s statement of claim and in what ■ respective shares and proportions and for ■ what respective estates and interests and | whether they are respectively parties to ; this action. fb). An enquiry whether the Plaintiff and the Defendants respectively or any and which of them during any and what time been in receipt of the rents and profits of the said lands or of any and what

parts thereof and whether the plaintiff and the defendants respectively have or has during any and what time been in possession of any and what parts of the said lands. (c.) An enquiry what would have been a proper occupation rent or occupation rents in respect of such parts of the said lands as have been in the occupation of the plaintiff, and of any and which of the defendants respectively or in possession or receipt of the rents and profits of which it shall appear they or any of them have ’ been. (d.) An enquiry whether the plaintiff and any and which of the defendants has or have laid out and expended any and what sums of money in substantial repairs or lasting improvements upon the said lands or any part thereof and under what circumstances. And this Court doth further order and decree that the further consideration of this action is adjourned ; and any of the parties are to be at liberty to apply to this Court or in Chambers as they shall be advised. The Registrar of the Supreme Court at Gisborne (Mr Greenwood) was, by order, appointed to take such accounts and make such enquiries. It is pursuant to that order that he now sits. The defendants contend that the issues of fact should be disposed of before such accounts are taken and enquiries made, in order to save the costs, because if the facts are uecided in favor of defendants, it is alleged that Mr Locke must be satisfied with what he has got, and will get no more, in which event he will have to pay all the costs of the action.