TRUST COMMISSIONER’S COURT.

Poverty Bay Standard, Volume I, Issue 64, 12 February 1884, Page 3

TRUST COMMISSIONER’S COURT.

(Before Jas. Booth, Esq., T.C») MONDAY. Mangatu No. 1 Block—3,ooo acbes. This was an adjourned application for the Commissioner’s certificate to a deed of lease from Wi Haronga and others to T. E. R. Bloomfield. Mr. W. L. Rees, with Mr. Brassey, appeared in support of the application, and Mr. Robinson for the objector, Mr. A. F. Cuff. The grounds of objection were that a previous lease was in existence which had been executed between the Native owners, numbering twelve, and Messrs. Joshua and A. F. Cuff prior to the land passing through the Court. When the block had passed through the Court a fresh lease was drawn out between the parties] but inadvertently the name of Mr. A. F. Cuff was left out, although all the parties concerned in the transaction perfectly understood that the latter had half interest in the same with his brother. Subsequently Mr, Joshua Cuff went to Auckland, and becoming insolvent sold (through the Trustee in Bankruptcy, Mr, Kirkpatrick) the half-share, as alleged on the one side, and the whole share as alleged on the other) to Mr, T. E, R. Bloomfield for the sum of £5O. Hence the objection. The Commissioner thought the objection was a matter solely concerning the brothers, and could not be taken into consideration by the Court. The Court could not take notice of anything outside the deed. Mr. Robinson said no matter what the nature of the deed, so long as the prior one was in existence the Court had no right to affix its certificate to a second one. If such were done in this instance, the Court would undoubtedly be a party to something like a fraud, as it would enable Mr. Bloomfield to deprive Mr. A. F. Cuff of his just and lawful rights. He was prepared to support his objection with ample proof, and as the decision of the Court seemed to be likely to go against him he should certainly appeal. He asked that the evidence be taken, and that he be not entirely shut out of Court. The Commissioner strongly objected to such expressions as that of “ fraud,” and hoped that Mr, Robinson would not use the term again. He would hear the evidence and take the original deed as a basis to go upon. Mr. Robinson then piit in two declarations, the first from Mr. Joshua Cuff and the other from Mr. Kirkpatrick, as trustee in bankruptcy for the estate of the former and wherein he stated that he had only sold Mr. Bloomfield Mr. Joshua Cuff’s interest in the block, amounting to half the 3,000 acres for the sum of £5O. If he had signed a deed setting forth otherwise it was entirely through misapprehension. Mr. Rees contended that this was a matter entirely outside the matter before the Court, Some discussion here arose as to the payment of rent.

Upon reading the lease from the Natives to Mr. J. Cuff, the Court remarked that no mention whatever was contained therein of any interest Mr. A. F. Cuff had in the transaction, and it could take no notice of anything outside that deed. Mr. Robinson contended that the Commissioner had no right whatever to entertain a second deed whilst there was a prior one in existence. The only claim Mr. Bloomfield could possiblv have must come through the original deed. The Court could not attach its certificate to the second deed in contravention of all equity and good conscience. The Court could see no reason whatever for refusing to attach its certificate to the document in question, but it would hear the evidence. Mr. A. F. Cuff was a sheep-farmer of Mangatu, Poverty Bay, and had been in possession of the land for the last eleven years. The block passed through the Court in May, 1881. Was in possession of the land previous to that, under a lease from the Natives. The lease was renewed after the land passed through the Court, but his brother left his (witness’s) name out of the second deed, Nevertheless, it was arranged that his brother should hold his share in trust for witness and his family, Mr. Rees wished to know whether this interest was mentioned in the deed, If not, the Court could take no notice whatever of it. Mr. Cuff said, though the arrangement was not in the deed, yet it was understood and acknowledged by all parties; The Natives were perfectly aware of it. Wi Pere, who was one of the main Natives concerned, offered to buy his brother’s interest, and join him, The Court said that it would have been more to the purpose if Wi Pere offered to buy the witness’s share, instead of his brother’s, Mr. Cuff—Wi Pere recognised my right by agreeing to accept the rent from me, I was to have paid it on the Wednesday, but Mr, Bloomfield forestalled me by paying it on the Monday previous, Mr, Brassey (for Mr, Bloomfield) at the time of my brother’s bankruptcy asked me to sell my interest so as to make the land more saleable, The Court could not see the use of all this. Mr, Bobinson said it was plain that he was to be shut out of Court, and that the case was decided. Mr. Cuff—Wi Pere wished me to meet Mr. Bloomfield and settle the shares, By Mr. Rees—There was £240 due on the old lease. Offered the rent, but could not remember the exact time, but thought it was in March last. Told the Natives that he would pay all the £4OO back rent. Mr. Bloomfield forestalled him, and paid the rent two days before. When he tendered the money they said he (witness) was too late. The reason why Wi Haronga would not sign the second lease was because his (witness’s) brother held some papers belonging to Wi Haronga which Joshua refused to give up. When he (witness) asked his brother to give him a deed securing his share his brother said there was ample correspondence to substantiate the claim in any Court. All he wanted was justice, and what justly belonged to himself. Mr. Rees said this literally had nothing whatever to do with the case. His client had fulfilled all the necessary forms of law. The original lease had lapsed on account of Joshua not having taken it up within one month, as required by law, Mr, Joshua Cuff owed the Natives £640 for back rent and, as he had gone through the Court, they could not recover any of the money. They had no claim whatever on Mr. A. F. Cuff. If the latter gentleman had any claim it must be established in a Court of Equity and not here, There was no grounds on which the Trust Commissioner could refuse his certificate to this second deed. The Commissioner had already expressed his opinion. After hearing both sides he had no reason to alter his mind. The certificate would be attached next Monday. Mr. Robinson gave notice of appeal. KOPUNI BLOCK. Deed of lease from Haruria Pahura and Arapera Pahura to A. Reeves. Adjourned for a week. This closed the business of the Court.