Wellington 7th January, 1863.

Wellington Independent, Volume XVII, Issue 1819, 20 January 1863, Page 3

Wellington 7th January, 1863.

(Before Mr Commissioner Fitzherbert.)

At a Court held pursuant to notice in tho Provincial Government Gazelle, Nov. 31, for hearing and determining the application of William Basset Williams, transfeired to John Bailey Williams for a run, and the objection thereto by Isaac Earl Featherston.

Mr Hart appeared for the applicant, Mr Brandon for I. E. Featherston.

Mr Hart referred to a notice in the " Provincial Government Gazette " ofthe application for a run by W. B. Williams, by the then Commissioner Mr Fox, and to a letter of Mr Williams to Mr Tiffen, ofthe 25th August, 1858, as to boundaries of run, and referred also to a plan produced, marked A, for the purpose of shewing tbe position of the boundaries of Dr Featherston's run, aa also a copy of a plan marked B, supplied by the Land Office at Napier, to the Messrs Williams; also referred to Capt. Thomas' application in the •'Provincial Gazette" of 1855, and thathe claimed for the applicant, aline westward of the line as marked down upon'the plan A, which would include some 20,000 acres open land in Dr Featherston's boundary, and that he, the applicant, be allowed to extend his boundary further westward to include another 10,000 acres allowing a line on the Oahanga river fort.be use of a homestead, and that the applicant be allowed to have his license granted for the ground as shown on the plan produced marked A. Mr Hart referred also to clause 43 of the Depasturing Ordinance of 1851, which he contended gave a permissive right^ to occupy Crown Lands previous to an adjudication by the Commissioner ; and that in order that the license should be legal, it is necessary that the application for a run should be published, in order that objections be made thereto. Mr Hart referred also to Notice of 25th October, 1856, published in the " Provincial Gazette," addressed to the runholders. And that no notice of extension of boundary by Dr Featherston had been sent to the Land Office, Napier, since 1856, and that no plan had been sent in before the plan sent in by Mr Parkin 1860. And that therefore no person could find by reference to the maps at Napier or Wellington, the actual boundaries ofthe run ; and that by reference to such maps it would be seen that there was land lying to the westward of Dr Featherston's boundary. Arthur Nicholls, deposed, (examined by Mr Hart.)— -In 1853 I was overseer to Captain Thomas — about one year and eight months, — on a run between Akitio and Oahanga. I was 13 months with Dr Featherston in addition. I received instructions from the natives as to the boundaries — the Akitio natives. I first started the run for Captain Thomas, having taken sheep from the Wairarapa. I never saw Captain Thomas, nor received instructions from him; Mr Kelham instructed me. I was several times asked to point out the boundaries to several parties. I pointed out the boundaries to Mr Kelch who succeeded me. [Shewn Mr Park's plan. Points out the two rivers, the bushy range and belt of bush coming to Akitio.] I never have been on the Akitio side more than once. They did not occupy it — only about three weeks — one hill at the mouth of the river. We occupied about half the distance from the coast to the bushy range. Mr C hambers of the Ahuriri, wished me to intake application for the country tothe westward ofthe bushy range, promising to stock it for me. I declined the offer, not having the means to do it ; I did not tell him it was part of Dr Featherston's ruu. This offer was made about three months after Dr Featherston bought the run ; I was always led to believe at that time it was not part of Dr Featherston's jun ; the bushy range was the boundary in that direction as pointed out to Mr Kelch. Cross-examined by Mr Brandon. — J understood the boundaries from the natives ; I don't know whether I heard Mr Kelham speak of the boundaries ; I only shewed Mr Kelch the bushy range, and told him he would get more information from the natives ; the reason why I referred him to the natives was because I thought that they knew more about the boundaries than I did. The run was not held under lease from the natives during my time ; T did not know the number of acres of which the run consisted ; I always understood at the time of Mr Chamber's offer, that beyond the bushy range was not Dr Featherston's run— -this information was from the natives; the natives wished me to apply for this part ; I applied to the natives for the boundaries of Captain Thomas's Run, because they wished me to apply for the back part ; I don't remember having any communication with any one but the natives about the' "boundaries; I never inquired whether I was to give the natives anything. William Basset Williams, examined by Mr Hart deposed. — I am a sheep farmer occupying land on the Oahanga ; I applied for that land in August 1858, at Napier; I had not been on the land before I applied. Mr Tiffen, the Crown Lands Commissioner at Napier, informed me that there was land there open for selection, (I mean for application for runs,) I paid a deposit of £50, and the Commissioner gave me permission at once to occupy. [Mr Hart drew the attention of Air Williams to a letter from Mr Tiffen to Mr Brandon, letter put in and read,] after this Mr Williams proceeded, — Mr Tiffen told me there would be no occasion for me to return to Napier ; if the land suited me, I could remain there and occupy it, and to write to Mr Tiffen, and he would forward my application to Wellingtou to be gazetted; there was three weeks allowed for that purpose. I wrote to Mr Tiffen to Bay that the land would suit me, and he could forward the application to Wollington. I received an answer to my letter, enclosing a tracing^a copy of which is already put in, and marked B, [letter put in and read, dated Napier, 18th November, 1858.] The land had never been occupied, and was very rough ; I now point out with a mark on map A the point we first occttpied, being to the eastward of the bushy range, on the edge of the bush ; we proceeded to cut a road through the bush. The country beyond waß burnt off, and occupied with sheep at the latter end of Jannary, or beginning of February 1850. There were about 4,000 acres burnt off, that was in the month of November, 1858. Mr Douglas told me at one time that the bushy range he considered was the boundary of Dr Featherston's run. In addition to burning we had to build houses, and make roads ; we also took up stores and provisions : partly packed up, and partly taken up by water carriage. Before we went back, our going was known to Featherston's people. Douglas was the manager there then ; this was in 1858.

Cross-examined by Mr Brandon. — We took up the first boat load of Btores early in September, 1858 ; I myself firat went there, about the latter end of August, 1858 ; I had no communication with Dr Featherston prior to either of these dates; I saw a plan at Napier, of which the plan marked Bis a copy ; 1 believe ifc was supposed to be a correct plan of the district ; the conversation with Douglas about the boundaries of the run took place soon after we had occupied the land ; there was a small creek to the .eastward of the bushy range which Douglas said was the boundary between us ; I now mark ifc with axon Mr Park's plan ; I told Douglas that I had taken the run ; he knew we were in occupation, andas we had put our whare at the eastern side of the bushy range he said we would consider the creek (x) the boundary ; something was said about whero bur eastern boundary would strike the Akitio river, and as there was a belt of bush running through the block, we thought we had better consider that as the boundary between us; I point out on the map (Mr Park's), and mark with ciphers this boundary, observing that the part included within dotted lines I make on tho map is open and not bush as shewn on the plan, and is known to the people on the station as the " Wild Spurs." In the mouth of January, 1859, 1 received a verbal intimation from Douglas that Dr. Foatheraton would nofc allow rue to occupy, because he ( Dr. Featherston) intended to occupy the whole of the open country in the block; I am not certain whether we received a written communication from Dr. Featherston on the subject ; (Letter put in from Dr. Featherston) ; I do not recollect receiving the letter which has just been read.

. Re-examined by Mr Hart. — I drove down the first sheep that were put on, whioh arrived in the

latter end of January or beginning of February, between 600 and 700. lf 1 saw the letter referred to, it would be after my arrival with the fillBBD The Court tlien^adjourned until the following day.