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1894. NEW ZEALAND
"THE NATIVE LAND (VALIDATION OF TITLES) ACT, 1892" (DEALINGS WITH NATIVE LANDS BY THE VALIDATION COURT AT GISBORNE).
Presented to both Houses of the General Assembly in pursuance of Section 16 of the Act.
Return of Applications lodged in the Validation Court, at Gisborne, under "The Native Land (Validation of Titles) Act, 1893."
H. C. Jackson, Native Land Court, Gisborne, Begistrar, Validation Court. 25th June, 1894.
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Name of Block. Agent or Solicitor. On whose Behalf. Date of Hearing. o. 1 Paremata, 8,475 acres H. D. Bell Bank of New Zealand Estates Company (Limited) A. C. Arthur 11 May, 1894. 2 3 4 5 6 7 8 9 10 11 12 13 .14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Whatatutu A and C, 598 acres Whatatutu No. 1b. 165 acres Mokairau No. 2, 1,290 acres . Wharekopae No. 1, B2, 3,069 acres No. 2, 3 434 acres Whangara, 21,450 acres Wharekaka, 640 acres Ihanui, 82 acres Uawa No. 2, 413 acres Kourateuwhi No. 2, 851 acres. Mangaheia No. 2, 9,022 acres Wharekaka No. 1, 1,114 acres Tuawhatu No. 1a, 456 acres „ No. 2, 1,784 acres No. 4, 2,135 acres Poroikamoana, 1,888 acres Panikau No. 1, 1,433 acres No. 2, 1,095 acres „ No. 3, 1,576 acres No. 4, 1,251 acres No. 5, 694 acres Kotorepaia, 874 acres Paekawa, 3,068 acres Pouturu, 1,480 acres Rangikohua No. 2, 322 acres . Whakamarutuna, 1,003 acres Rangikohua No. 3, 2,917 acres Tawapata No. 2, 3,710 acres Wharekaka No. 1, 1,114 acres Anaura, 8,800 acres Taoroa, 4,330 acres Kirikiriroa, 350 acres Tuawhatu No. 1b, 715 acres Te Kowhal, 286 acres Umumango No. 2, 700 acres Pouawa, 142 acres Nolan and Skeet .. C. A. DeLautour .. H. J Finn Nolan and Skeet W D. Lysnar Nolan and Skeet C. A. DeLautour Bank of New South Wales Williamson Brothers Charles Seymour Andrew Reeves M. Mulfooly Andrew Reeves P Barker J N" Williams E. Murphy 23 May, „ 23 May, „ 23 May „ 25 May „ 25 May, „ 26 May, „ 28 May, „ 28 May, „ 28 May, „ 28 May 31 May, „ 18 June, „ 31 July, „ 31 July, „ 31 July, „ 31 July, „ 6 Aug., „ 6 Aug., „ 6 Aug., „ 6 Aug., „ 6 Aug., 15 Aug., „ 15 Aug., 15 Aug., 15 Aug., 15 Aug., „ 15 Aug., 15 Aug., „ 21 Aug., „ 29 Aug., „ 30 Aug., „ 6 Sept., „ 6 Sept., „ 19 Sept., „ 12 Nov., „ 13 Nov., „ H. J Finn Trustees, Rhodes's estate E. J Chrisp W. D. Lysnar Nolan and Skeet C. A. DeLautour George Walker M. Mullooly J D. Ormond Somerville Brothers P Barker Nolan and Skeet A. McLean J Cattell Bank of New South Wales
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RETURN OF ALL DECREES MADE BY THE VALIDATION COURT AT GISBORNE UNDER "THE NATIVE LAND (VALIDATION OF TITLES) ACT 1893, UP TO THE 29th SEPTEMBER, 1894. Schedule of Decrees.
Interim Decrees and Orders under Section 24.
Schedule of Cases partially heard by Court.
SUMMAEY OP AEEAS. Acres. Total area validated 33,572 Total area of interim decrees 27,021 Total area of cases partially heard .. 24,768 Total area 85,361 H. C. Jackson, Eegistrar, Validation Court.
Furthee Eetuen of Ceetificatbs geanted or eepused under " The Native Land (Validation of Titles) Act, 1892." Number of application and nature of instrument evidencing transaction in respect of which validation is required 55. Conveyance, dated the 14th day of February, 1876, Heke Pakeke to Felix McGuire. Amount of purchase-money £900. Name of applicant Joseph Wilson, of Normanby settler Whether certificate granted or refused Granted. By what Judge Eobert Ward.
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No. Name of Applicant. Name of Block. Area. 2 3 4 5 6 9 10 18 19 20 21 22 23 24 25 26 27 28 31 A. C. Arthur A. C. Arthur Bank of New South Wales Williamson Brothers Williamson Brothers Andrew Eeeves Andrew Eeeves Edward Murphy Edward Murphy Edward Murphy Edward Murphy Edward Murphy Ehodes trustees Ehodes trustees Ehodes trustees Ehodes trustees Ehodes trustees Ehodes trustees .. J D Ormond Whatatutu A and C Whatatutu No. 1b Mokairau No. 2 Wharekopae No. 1, B 2 Wharekopae No. 2 Ihunui Uawa No. 2 Panikau No. 1 Panikau No. 2 Panikau No. 3 Panikau No. 4 Panikau No. 5 Kotorepaia No. 2 Paekawa No. 2 Pouturu No. 2 Eangikohua No. 7 | Whakamarutuna No. 2 j Eangikohua No. 8 ! Anaura Acres. 598 165 1 290 3,069 3,434 82 413 1,433 4 095 1,576 1,259 694 874 3,068 1,480 322 1,003 2 917 8,800 Total area valid; ied 33,572
7 8 11 32 Charles Seymour Andrew Eeeves Andrew Eeeves Somerville Brothers Whangara Wharekaka Koruateuwhi No. 2 Taoaoa 21,200 640 851 4,330 Total area of interim decrees 27,021
1 12 13 14 16 17 33 Assets Company M. Mullooly Eeeves and Mullooly P Barker P Barker J N Williams P Barker Paremata Mangaheia No. 2 Wharekaka No. 1 Tuawhatu No. 2 Tuawhatu No. 4 Poroikamoana Kirikiriroa 8,475 9,022 1,114 1,784 2 135 1,888 350 Total area of cases partially heard 24,768
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REPORT OP THE COURT. In the matter of the application of Joseph Wilson, of Normanby, under " The Native Land (Validation of Titles) Act, 1892," with regard to Section 57 Block I. and Section 6, Block 11., Hawera Survey District. We, the undersigned Judge and Assessor of the Native Land Court, being duly appointed under the said Act, and having in open Court inquired into the matter of the said application, do hereby report thereon as follows : — The land, the subject of this inquiry, was originally known as Sections 634 and 635, Patea. Prior to 1874 the land was given to Heke Pakeke for services rendered to the Crown during the late Native war, but no title thereto was then issued. On the 14th of February, 1876, he sold his interest in the said land to Mr Felix McGuire, and signed the deed of conveyance, marked " A," referred to in the certificate given by us. As the country was in a disturbed state at the time, the European purchaser could not obtain the attendance of Heke Pakeke before either a Judge of the Court or a Eesident Magistrate, who should have witnessed his signature to the deed of conveyance. It was ultimately signed before Captain Gundry, of the Armed Constabulary who was also a licensed interpreter, and two European settlers. We are satisfied that the statement of the deed of conveyance was read over to the said Native before he signed it, but no written statement thereof was indorsed on the deed. Captain Gundry made a declaration certifying that the conveyance was read over to the Native, and that he understood the contents of it before he signed. This declaration was placed before the Trust Commissioner, but has been lost. On the 27th June, 1876, Mr H. Eyre Kenny, as Trust Commissioner, held an exhaustive inquiry into the circumstances of this alienation, and, being satisfied therewith, granted his certificate, as shown by indorsement on the instrument. On the 10th of January, 1882, Mr F McGuire sold his interest in this land to Mr. Joseph Wilson, of Normanby On the 20th of March, 1883, a Crown grant (enclosed), marked " C, ' was issued under ' The West Coast Settlement (North Island) Act, 1880," and " The West Coast Settlement Eeserves Act, 1881," in favour of Heke Pakeke, antevesting the said land in him as from the Bth day of May, 1874, without any restrictions against alienation. Some time in the year 1887 Mr Wilson sought to get his conveyance from Mr McGu re to him registered, and a certificate of title issued under the Land Transfer Act, and for the first time was made aware of the difficulties as to the title to this land. The Eegistrar of Deeds then handed the Crown grant to Mr Wilson, who now, by his witness, Mr G D. Hamerton, hand it into Court as an exhibit. As indicated by the certificate granted by us under section 5 of the first above-recited Act, we are satisfied with the bona fides of the transaction, and are of opinion that the conveyance by Heke Pakeke should be confirmed by such order of the Court as may be most effectual. We cannot conclude our report without stating that the Public Trustee telegraphed to us to the effect that this land is a West Coast Eeserve, and, as such, became vested in him by virtue of "The West Coast Settlement Eeserves Act, 1892.' Eegarding this contention, we venture to say that, in equity the original transaction should be confirmed, and, if so, we fail to see how this land can now be regarded as a West Coast Eeserve. We have omitted to report that Heke Pakeke died in November, 1885. Given under our hands and the seal of the Court at Hawera, this 14th day of December, 1893. Eobeet Waed, Judge. B. F J Edwaeds, Assessor His Honour the Chief Judge, Native Land Court, Wellington.
WHATATUTU A. In the Validation Covet, holden at Gisboene. In the matter of "The Native Land (Validation of Titles) Act, 1893," and of the application of Alexander Creighton Arthur in respect of the Whatatutu A Block. Wheeeas at a sitting of the Validation Court duly held at Gisborne on the 22nd day of June, 1894, under the provisions of "The Native Land (Validation of Titles) Act, 1893," before his Honour George Elliott Barton, Esquire, Judge, and Atanatiu Kairangi, Assessor, the application of Alexander Creighton Arthur of " The Willows," near Gisborne, in the district of Poverty Bay, sheepfarmer, in respect to the Whatatutu A Block, duly came on for hearing in the said Court And whereas the said Alexander Creighton Arthur by such application claimed to have acquired all the shares and interests of the whole of the Native owners in the said Whatatutu A Block under certain contracts (produced to the Court) incapable of being enforced, because such contracts were not made in accordance with the requirements of the statutes in force (but now repealed) at the time the said contracts were entered into by such Natives ■ And whereas the making of the said several contracts were duly proved to the satisfaction of the said Court And whereas the title to the said Whatatutu A Block at the time such application was made was a Crown grant issued in favour of Paora Haupa and twenty-four other aboriginal natives (the whole of whose interests are claimed by the said Alexander Creighton Arthur) which grant is registered in the office of the District Land Eegistrar at Napier, in Volume 22, folio 207 And whereas it was duly proved to the Court that the said contracts are such that had the same been made between Europeans touching and concerning the said land they and each of them would have been valid and binding contracts capable of being enforced in the Supreme Court of New Zealand , that the said contracts and each and every of them are not in any respect contrary to equity and good conscience, and are not tainted with any fraud or improper dealing, and that they were fully translated to and understood by the several Native vendors at the time they were respectively entered into, and that they were fair
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agreements for reasonably sufficient and lawful considerations at the time and under the circumstances in which they were respectively made Now, therefore, upon reading the application filed herein, and upon proof of service upon the objectors of said application,- and upon hearing Mr Nolan, of counsel for the applicant, the said Alexander Creighton Arthur, and the evidence adduced before the Court, it is hereby ordered and decreed: — 1. That the said Alexander Creighton Arthur is owner of an estate of inheritance in fee-simple, free from encumbrances by any of the persons hereunder named as objectors and by all persons claiming through any of them, in all that parcel of land situated in the district of Poverty Bay, in the Gisborne Native Land Court District, containing by admeasurement 578 acres 2 roods 19 perches, be the same a little more or less, particularly delineated on the plan thereof indorsed hereon, edged red, and called or known as the Whatatutu A Block, being the block of land described in the aforesaid Crown grant, dated the 15th day of March, 1888, and registered in the office of the District Land Eegistrar at Napier, in Volume 22, folio 207 2. That the following are names of the objectors aforesaid, all of whom failed to appear at the hearing of the said application Paora Haupa, Paora Haupa as successor to Eihara Eahui, Paora Haupa as successor to Marara Tahuipare, Heni Hinearangi (alias Tipuna), Hona te Huhu, Eruera Matarau, Pirihi Tutekohi, Pirihi Tutekohi as successor to Hirini Tutaha, Pirihi Tutekohi as successor to Hirini Tutaha a successor to one-fourth share of Marara Kahungunu, Pirihi Tutekohi as successor to one-fourth share of Marara Kahungunu, Epiha Parau, Karaitiana Euru, Hohepa Tahataha, Hemi Popata, Hemi Popata as successor of one-fourth share of Marara Kahungunu, Eongotipare Tawhiao, Netana Puha, Hera Kiekie, Tapine Turei, Atareta Euru, Epeniha Tipuna, Tamati Eawhiti, and Pene Maire as successors to Erena Haupa, Tiopira Tawhiao as successor to one-fourth share of Marara Kahungunu, and Kate Hane. 3. And it is hereby further ordered and decreed that the said Crown grant, dated the 15th day of March, 1888, and registered in the office of the District Land Eegistrar at Napier, in Volume 22, folio 207, for the said Whatatutu A Block shall cease and become void and of none effect, and the registration of such Crown grant in such registration office as aforesaid shall be cancelled and be of no further force or effect, and in lieu thereof there shall be issued a certificate of title under the provisions of " The Land Transfer Act, 1885," and the amendments thereof, for the said Whatatutu A Block in favour of the said Alexander Creighton Arthur for an estate of inheritance in feesimple, free from encumbrances. Witness the hand of his Honour George Elliott Barton, Esquire, Judge, and the seal of the said Validation Court, this 22nd day of June, 1894. G. E. Baeton, Judge.
WHATATUTU No. Ib. In the Validation Covet, holden at Gisboene. In the matter of " The Native Land (Validation of Titles) Act, 1893," and of the application of Alexander Creighton Arthur in respect of the Whatatutu No. Ib. Block. Wheeeas at a sitting of the Validation Court duly held at Gisborne on the 23rd clay of June, 1894, under the provisions of "The Native Land (Validation of Titles) Act, 1893," before his Honour George Elliott Barton, Esquire, Judge, and Atanatiu Kairangi, Assessor the application of Alexander Creighton Arthur, of " The Willows," near Gisborne, in the district of Poverty Bay sheepfarmer, in respect of the Whatatutu No. 1b Block, duly came on for hearing before the said Court And whereas the said Alexander Creighton Arthur by such application claimed to have acquired all the shares and interests of the whole of the Native owners in the said Whatatutu No. 1b Block under certain contracts (produced to the Court) incapable of being enforced, because such contracts were not made in accordance with the requirements of the statutes in force (but now repealed) at the time the said contracts were entered into by such Natives And whereas the making of the said several contracts were duly proved to the satisfaction of the said Court And whereas the title to the said Whatatutu No. 1b Block at the time such application was made was a Crown grant, issued in favour of Tiopira Tawhiao and twenty-four other aboriginal natives (the whole of whose interests are claimed by the said Alexander Creighton Arthur), which grant is registered in the office of the District Land Eegistrar at Napier in Volume 22, folio 295 And whereas it was duly proved to the Court that the said contracts are such that had the same been made between Europeans touching and concerning the said land they and each of them would have been valid and binding contracts capable of being enforced in the Supreme Court of New Zealand that the said contracts and each and every of them are not in any respect contrary to equity and good conscience, and are not tainted with any fraud or improper dealing, and that they were fully translated to and understood by the several Native vendors at the time they were respectively entered into, and that they were fair agreements for reasonably sufficient and lawful considerations at the time and under the circumstances in which they were respectively made Now, therefore, upon reading the application filed herein, and upon proof of service upon the objectors to said application, and upon hearing Mr Nolan, of counsel for the applicant, the said Alexander Creighton Arthur, and the evidence adduced before the Court, it is hereby ordered and decreed :— 1. That the said Alexander Creighton Arthur is the owner of an estate of inheritance in feesimple, free from encumbrances by any of the persons hereunder named as objectors and by all persons claiming through any of them, in all that parcel of land situated in the district of Poverty Bay, in the Gisborne Native Land Court District, containing by admeasurement 164 acres 3 roods 34 perches, be the same a little more or less, particularly delineated on the plan thereof indorsed hereon, edged red, and called or known as the Whatatutu No. 1b Block, being the block of land
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described in the aforesaid Crown grant, dated the 21st day of April, 1888, and registered in the office of the District Land Eegistrar at Napier, in Volume 22, folio 295. 2. That the following are the names of the objectors aforesaid, all of whom failed to appear at the hearing of the said application Tiopira Tawhiao, Epeneha Tipuna, Wirihana Tupeka, Wharekauri, Netana Puha, Tapine Turei, Meka Kawhena, Eapana Komata, Hona te Huhu, Heni Tipuna, Heni Puha, Hone Moreti, Eawinia Whiwhi, Wiremu Pere, Hine Wehi, Pete Morete, Pere Morete, Nepia Tokitahi, Paora Haupa as successor to Marara Tahuipare, Hera Hokokao, Hemaima Morete, Timi Morete, Maraea Morete, Ahipana Tawhiao, and Hepeta Kuare. 3. And it is hereby further ordered and decreed that the said Crown grant, dated the 21st day of April, 1888, and registered in the office of the District Land Eegistrar at Napier, in Volume 22, folio 295, for the said Whatatutu No. 1b Block shall cease and become void and of none effect, and the registration of such Crown grant in such registration office as aforesaid shall be cancelled and be of no further force or effect, and in lieu therefor there shall be issued a certificate of title under the provisions of " The Land Transfer Act, 1885, and the amendments thereof, for the said Whatatutu No. Ib Block in favour of the said Alexander Creighton Arthur for an estate of inheritance in fee-simple free from encumbrances. Witness the hand of his Honour George Elliott Barton, Esquire, Judge, and the seal of the said Validation Court, this 23rd day of June, 1894. G. E. Barton Judge.
WHATATUTU C. In the Validation Covet, holden at Gisborne . In the matter of " The Native Land (Validation of Titles) Act, 1893," and of the application of Alexander Creighton Arthur in respect of the Whatatutu C Block. Whereas at a sitting of the Validation Court duly held at Gisborne on the 22nd day of June, 1894, under the provisions of The Native Land (Validation of Titles) Act, 1893," before his Honor George Elliott Barton, Esquire, Judge, and Atanatiu Kairangi, Assessor, the application of Alexander Creighton Arthur of "The Willows,"near Gisborne, in the district of Poverty Bay sheepfarmer in respect of the Whatatutu C Block, duly came on for hearing before the said Court And whereas the said Alexander Creighton Arthur by such application claimed to have acquired all the shares and interests of the whole of the Native owners in the said Whatatutu C Block under certain contracts (produced to the Court) incapable of being enforced, because such contracts were not made in accordance with the requirements of the statutes in force (but now repealed) at the time the said contracts were entered into by such Natives And whereas the making of the said several contracts were duly proved to the satisfaction of the said Court And whereas the title to the said Whatatutu C Block at the time such application was made was a Crown grant issued in favour of Paora Haupa and twenty-four other aboriginal natives (the whole of whose interests are claimed by the said Alexander Creighton Arthur), which grant is registered in the office of the District Land Eegistrar at Napier, in Volume 23, folio 2 And whereas it was duly proved to the Court that the said contracts are such that had the same been made between Europeans touching and concerning the said land they and each of them would have been valid and binding contracts capable of being enforced in the Supreme Court of New Zealand, that the said contracts and each and every of them are not in any respect contrary to equity and good conscience, and are not tainted with any fraud or improper dealing, and that they were fully translated to and understood by the several Native vendors at the time they were respectively entered into, and that they were fair agreements for reasonably sufficient and lawful considerations at the time and under the circumstances in which they were respectively made Now therefore, upon reading the application filed herein, and upon proof of service upon the objectors to said application, and upon hearing Mr Nolan, of counsel for the applicant, the said Alexander Creighton Arthur and the evidence adduced before the Court, it is hereby ordered and decreed: — 1. That the said Alexander Creighton Arthur is the owner of an estate of inheritance in feesimple, free from encumbrances by any of the persons hereunder named as objectors and by all persons claiming through any of them, in all that parcel of land situated in the district of Poverty Bay, in the Gisborne Native Land Court District, containing by admeasurement 6 acres, be the same a little more or less, particularly delineated on the plan thereof endorsed hereon, edged red, and called or known as the Whatatutu C Block, being the block of land described in the aforesaid Crown grant, dated the 21st day of April, 1888, and registered in the office of the District Land Eegistrar at Napier, in Volume 23, folio 2. 2. That the following are the names of the objectors aforesaid, all of whom failed to appear at the hearing of the said application Paora Haupa, Paora Haupa as successor to Eihara Eahui, Paora Haupa as successor to Marara Tahuipare, Hine Hinearaugi (alias Tipuna), Hona te Huhu, Eruera Matarau, Pirihi Tutekohi, Pirihi Tutekohi as successor to Hirina Tutaha, Pirihi Tutekohi as successor to Hirini Tutaha a successor to one-fourth share of Marara Kahungunu, Pirihi Tutekohi as successor to one-fourth share of Marara Kahungunu, Epiha Parau, Karaitiana Euru, Hohepa Tahataha, Hemi Popata, Hemi Popata as successor to one-fourth share of Marara Kahungunu, Eongotipare Tawhiao, Netana Puna, Hera Kiekie, Tapine Turei, Atareta Euru, Epeniha Tipuna, Tamati Eawhiti and Pene Maire as successors to Erena Haupa, Tiopira Tawhiao as successor to one-fourth share of Marara Kahungunu, and Kate Hane. 3. And it is hereby further ordered and decreed that the said Crown grant, dated the 21st day of April, 1888, and registered in the office of the District Land Eegistrar at Napier, in Volume 23, folio 2, for the said Whatatutu C Block, shall cease and become void and of none effect, and the
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registration of such Crown grant in such registration office as aforesaid shall be cancelled and be of no further force or effect, and in lieu thereof there shall be issued a certificate of title under the provisions of " The Land Transfer Act, 1885," and the amendments thereof, for the said Whatatutu C Block in favour of the said Alexander Creighton Arthur for an estate of inheritance in fee-simple, free from encumbrances. Witness the hand of his Honour George Elliott Barton, Esquire, Judge, and the seal of the said Validation Court, this 22nd day of June, 1894. G E. Barton, Judge.
MOKAIRAU No. 2. In the Validation Court, holden at Gisboene. In the matter of ' The Native Lands (Validation of Titles) Act, 1893," and of the application of the Bank of New South Wales in respect of the Mokairau No. 2 Block. Wheeeas at a sitting of the Validation Court duly held at Gisborne on the 22nd day of June, 1894, under the provisions of "The Native Land (Validation of Titles) Act, 1893," before his Honour George Elliott Barton, Esquire, Judge, and Atanatiu Kairangi, Assessor the application of the Bank of New South Wales in respect of the Mokairau No. 2 Block duly came on for hearing before the said Court And whereas the said bank, by such application, claimed to have acquired all the shares and interests of the whole of the Native owners in the said Mokairau No. 2 Block under certain contracts (produced to the Court) incapable of being enforced, because such contracts were not made in accordance with the requirements of the statutes in force (but now repealed) at the time the said contracts were entered into by such Natives And whereas the making of the said several contracts was duly proved to the satisfaction of the Court And whereas the title to the said Mokairau No. 2 Block at the time such application was made was a Crown grant issued in favour of Apiata te Hame and thirty-four other aboriginal natives, the whole of whose interests are claimed by the said bank, which grant is registered in the office of the District Land Eegistrar at Napier, in Volume 22, folio 209 And whereas it was duly proved to the Court that the said contracts are such that had the same been made between Europeans touching and concerning the said lands they and each of them would have been valid and binding contracts, capable of being enforced in the Supreme Court of New Zealand that the said contracts and each and every of them are not in any respect contrary to equity and good conscience, and are not tainted with any fraud or improper dealing, and that they were fully translated to and understood by the several Native vendors at the time they were respectively entered into, and that they were fair agreements for reasonably sufficient and lawful considerations at the time and under the circumstances in which they were respectively made Now therefore, upon reading the application filed herein, and upon proof of service upon the objectors of said application, and upon hearing Mr. Nolan, of counsel for the applicants, the said Bank of New South Wales, and the evidence adduced before the Court, it is hereby ordered and decreed :— 1. That the said Bank of New South Wales, incorporated in New Zealand under the provisions of an Act of the General Assembly of New Zealand intituled " The Bank of New South Wales Act, 1861," is the owner of an estate of inheritance in fee-simple, free from encumbrances by any of the persons hereunder named as objectors and by all persons claiming through any of them, in all that parcel of land situated in the district of Poverty Bay, in the Gisborne Native Land Court District, containing by admeasurement 1,290 acres, be the same a little more or less, particularly delineated on the plan thereof endorsed hereon, edged red, and called or known as the Mokairau No. 2 Block, the said parcel of land being the block of land described in the aforesaid Crown grant dated the 15th day of March, 1888, and registered in the office of the District Land Eegistrar at Napier, in Volume 22, folio 209. 2. That the following are the names of the objectors aforesaid, all of whom failed to appear at the hearing of the said application Apiata te Hame, Heni Whareponga, Harawira Kahaki, Hapi Hinaki, Mihaera Koura, Pera Whakatete as successor to one-half interest of Epeniha Whakatete, Paora te Hura, Matiu Takaparae, Henopa Takaparae, Eawiri Turanganui, Mere Kingi Taawha, Hoera Hinaki, Hamuera Hinaki, Eawiri Karaha, Henare Puhipuhi, Eamari Puhipuhi, Miriana te Maata, Heni Paraone, Eawiri Karaha as successor to Ihaka Whakatangi, Enoka Whakatete, Pera Whakatete, Heta Mangungu, Tainati te Ota, Horomona Keu, Hariata Eotuhanga, Hori Peita, Himiona te Kani, Hone Meihana, Hone Niwa, Emi Miria, Enoka Whakatete as successor to onehalf interest of Epeniha Whakatete, Tangomate, Apihai Tangomate and Wiremu te Hau as successors to Mere Arihi Matengahere and Kataraina Tiakipa. 3. And it is hereby further ordered and decreed that the said Crown grant, dated the 15th day of March, 1888, and registered in the office of the District Land Eegistrar at Napier, in Volume 22, folio 209, for the said Mokairau No. 2 Block shall cease and become void and of none effect, and the registration of such Crown grant in such registration office as aforesaid shall be cancelled and be of no further force or effect, and in lieu thereof there shall be issued a certificate of title under the provisions of "The Land Transfer Act, 1885," and the amendments thereof, for the said Mokairau No. 2 Block in favour of the said Bank of New South Wales for an estate of inheritance in fee-simple free from encumbrances. Witness the hand of his Honour George Elliott Barton, Esquire, Judge, and the seal of the said Validation Court, this 22nd day of June, 1894. G E. Baeton, Judge.
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UAWA No. 2a. BLOCK. In the Validation Court, holden at Gisborne. In the matter of the application of Andrew Beeves for the validation, of forty-three contracts for sale of freehold interests in the Uawa No. 2 Block, situated in the Gisborne Native Land Court District, and within the jurisdiction of the Validation Court sitting at Gisborne. Friday, the 28th Day of July, 1894. Upon reading the application aforesaid of the said Andrew Eeeves, filed in this honourable Court, and upon proof of due service thereof upon the objectors named and upon hearing the evidence adduced before the Court at the hearing of the said application and upon reading the several documents exhibited in evidence before the Court , and upon hearing Mr Nolan, of counsel for the said applicant, the said Andrew Eeeves, and upon hearing Hone Karimana, an objector, on his own behalf and upon hearing William Frederick Hale, on behalf of Ani Kirimana, an objector, and upon hearing Mr Chrisp, of counsel for Edward O'Meara, a surveyor claiming payment of certain survey charges in connection with the said block, it is declared and decreed as follows :— 1. It is declared that the several contracts for sale to the said applicant made by the following persons, owners in the said Uawa No. 2 Block—namely, Eawiri Karaha, Hori Mokoera, Peta Komaru, Eaniera Turoa, Hiria Eiuhaunga, Paora Tutu, Hohepa Tue, Tame Kirimana, Hami Puha, Eamari Puhipuhi, Eamari Kauere, Nikorima, Henry Glover (half-caste), Karauria Pahura, Arapera Pahura, Peere Eakaitapu, Hami Eakaitapu, Honiana Tautau, Wiki Eangi, Harata Makuru, Henare Puhipuhi, Eaiha Kakahupaea, Ka Tue, Irihapeti Poia, Keita Eakaitapu, Heremia Taurewa, Arapeta or Peta Eangiuia, Hare Huatau, Mihaera Koura, Tamati Tautau, Taare Kirimana, Ani Kirimana, Hepeta Maitai, Ecw T eti Eangi, Harni Kirimana, Eawiri Tautau, Pera Kapo, Hirini te Kani, Wi Kingi Hori, Hare Flautapu, Patara Eangi, Eruera Harete, Wiremu Konihi te Au (alias Wirimu te Au) —for the sale of freehold interests to the said Andrew Eeeves, free from all encumbrances, are contracts invalid and incapable of being enforced without the assistance of this honourable Court, by reason of their having been respectively made not in accordance with the requirements of the statutes then in force (but now repealed) regulating the sales of the said interests in the said block. 2. It is further declared that the said several contracts are contracts which, irrespective of form, and had they been made between Europeans concerning lands held under Crown grant, would have been valid and binding contracts capable of being enforced in the Supreme Court. 3. It is further declared that the said several contracts were not in any respect contrary to equity and good conscience. 4. It is further declared that the said contracts were fully and perfectly understood at the time they were respectively entered into by the contracting parties, and were fair contracts for reasonably sufficient and lawful consideration at the time and under the circumstances in which they were made. And whereas it was amongst other things proved to the satisfaction of the Court at the said hearing that at a hearing on a partition made before the Native Land Court sitting at Tolago Bay on the 19th day of August, 1889, it had been agreed between the parties then before the Court— that is to say, the said Andrew Eeeves, and the vendors aforesaid who had contracted to sell to him as aforesaid, and the remaining owners the non-sellers in the said block—that the lands of the said block should be subdivided in the manner hereunder set forth and the said agreement was then approved by the said Native Land Court, and is now also approved by this honourable Court as a proper and fair settlement of all matters in difference between the parties respecting the then proposed division of the said land And whereas in accordance with the said agreement, and for the purpose of carrying out the same, the said Native Land Court then issued its orders dividing the said Uawa No. 2 Block into five separate blocks, as follows: — Uawa No. 2.—A block, 322 acres and 13 perches, which was apportioned to the said Andrew Eeeves as his share of the said block in right of the aforesaid purchases in the manner described in the order of the said Native Land Court dated Monday, the 19th day of August, 1889. Uawa No. 2b, 23 acres 3 roods 18 perches, which was apportioned to Himiona te Kani as his share as an owner in the said block in the manner described in the order of the said Native Land Court dated Monday, the 19th day of August, 1889. Uawa No. 2c, 3 acres 2 roods 31 perches, which was apportioned to Eaiha Taurewa, Hirini Haereone, Hori Kirimana, and Eaiha Taketake as their share, to be held by them in common as owners in the said block in the manner described in the order of the said Native Land Court dated Monday the 19th day of August, 1889. Uawa No. 2d, 39 acres and 27 perches, which was apportioned to Hoana Katuku, Moana Tautau, Nikora Tautau, Eopihana Huatau, Hera Eangiuia, Kawa Matahiki, Euta Kaipau, and Hoana Hautapu as successor to Te Mahia, as their share, to be held by them in common as owners in the said block in the manner described m the order of the said Native Land Court dated Monday, the 19th day of August, 1889. Uawa No. 2e, 13 acres, which was apportioned to Eaiha Taketake, Hori Kirimana, Hirini Haereone, and Eaiha Taurewa as their share, to be held by them in common as owners in the said block in the manner described in the order of the said Native Land Court dated Monday, the 19th day of August, 1889. And whereas it is alleged that said apportionment of the said parcel of land called Uawa No. 2a Block to the said Andrew Eeeves by the said Native Land Court as purchaser from the aforesaid Native vendors was made in excess of the power and jurisdiction of the said Native Land Court, and could not be enforced in favour of the said Andrew Eeeves, notwithstanding the fact
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that all parties had agreed to the said apportionment as between the sellers and the non-sellers, and had also agreed that the said apportionment should be made to the said Andrew Eeeves instead of to the said Native vendors hereinbefore named And whereas no person who appeared before this Court has objected to the said agreement, and consequently apportionment to the said Andrew Eeeves of the said parcel of land known as the Uawa No. 2a Block, and it is considered that the said agreement was a just and fair settlement, and ought to be adopted by this honourable Court Now, therefore, it is hereby ordered declared and decreed as follows :— 1. It is ordered that the block of land containing 322 acres and 13 perches, described as the Uawa No. 2a Block (an approved plan whereof is endorsed hereon), shall be the property of the said Andrew Eeeves for an estate in fee-simple in possession free from all encumbrances, and it is hereby further ordered that all other titles to the said land known as the Uawa No. 2a Block shall be henceforth void and of none effect in so far as they affect the said Uawa No. 2a Block, whether the same be vested in the said Andrew Eeeves or in any other person whomsoever, and that the registration of all other titles shall be cancelled and of none effect in so far as affects the said Uawa No. 2a Block. Witness the hand of his Honour George Elliott Barton, Esquire, Judge, and the seal of the said Validation Court, this 28th day of July 1894. G E. Barton, Judge.
whangara block. In the Validation Court at Gisboene. In the application of Charles Seymour for validation of fifty-eight contracts for sale of freehold interests in the Whangara Block, situate in the Gisborne Native Land Court District, and within the jurisdiction of the Validation Court sitting at Gisborne , and in the further application of the said Charles Seymour for a decree charging the said block with payment of £670, and interest at £8 per cent, per annum, for certain surveys made by Edward O'Meara, surveyor, under an agreement dated the 11th day of June, 1880 , and in the further application of the said Charles Seymour for payment to him of costs awarded to him by the Court of Appeal of New Zealand and by the Supreme Court, and of £250, with interest at £8 per cent, per annum from the 11th day of January, 1881, as the balance due upon certain promissory notes given by the Native owners in the said block and in the cross application by the Native owners of the said Whangara Block for specific performance of an agreement dated the 27th day of June, 1890, made between the said Native owners of the one part, and the said Charles Seymour of the other part, whereby all matters in difference (including the subject-matters of the above applications of the said Charles Seymour) between the said parties thereto were settled upon the terms therein set forth. Thursday the 6th Day of Septembee, 1894. Upon reading the application aforesaid of the said Charles Seymour, filed in this Court, and upon proof of the service thereof upon the objectors named in the said application and upon reading the aforesaid memorandum of agreement dated the 27th day of June, 1890 and upon hearing the evidence adduced before the Court by all the parties appearing before it, and upon reading the several documents exhibited in evidence and upon hearing Mr Finn and Mr Chrisp, of counsel for the said applicant Charles Seymour and upon hearing Mr William Lee Eees and Mr Edward Eees, of counsel for the Native owners of the said block, claiming specific performance of the said agreement dated the 27th day of June, 1890 and upon hearing Mr Arthur Eees, of counsel for Hirini te Kani, an owner in the said block, and of counsel for Mr William Lee Eees and Wiremu Pere, claiming interests and rights against the owners of the said Whangara Block, as mortgagees of certain interests in Allotment No. 47, of the Makauri Block, for moneys advanced on behalf of the Native owners in the said Whangara Block, and of counsel for the said William Lee Eees and Victor Grace Day, solicitors, claiming as mortgagees of the rents against the owners of the said Whangara Block, and upon hearing Mr Edward Francis Harris, an owner, as successor to Hunia Kehukehu, an original owner, deceased, and upon hearing Karaitiana Amaru, an owner, as successor to his mother Hera Muka, an original owner, deceased, this Court doth declare, order, and decree as follows :— 1. It is declared that the several contracts for sale to the applicant Charles Seymour made by the following persons, owners in the said Whangara Block—Eawiri Maki, Hori Peita, Hira Punua, Pipi Haokai, Pipi Haokai as successor of Paratene Tototahi, Pipi Haokai as devisee under the will and as successor of Paora Hokotaro, Henare Pei as successor to Pera Puhipuhi, Eomari Puhipuhi as successor to Pera Puhipuhi, Eawiri Karaha, Eawiri Karaha as successor to Torotia Kanapa, Pera Whakatete, Tiopira Kaitara, Taopoaka, Hoani Poihipi, Pera Whakatete as successor to Epiniha Whakatete, Pera Whakatete as successor to Marara te Eama, Heni Eakaia as successor to Karanama Keke, Tiopira Potango as successor of Torotia Kanapa, Hemi Tawhitawhi, Eawiri Pukehuia, Henare Pei, Heni Hinaki, Miriarna te Ahipare, Eahera te Kakahu, Hare Nahonaho, Eruera Taruke, Heta Mangungu, Nikorima te Palm, Taraipine Taiki, Epiha Parau as successor of Eaniera Kauheke, Hami Keiroiroi, Euta Hape, Akinihi Weku, Eaihania Karaka, Enoka Whakatete as successor of Epiniha Whakatete, Enoka Whakatete as successor of Marara te Eama, Enoka Karoro, Wi Wharekino, Maihi Akurangi, Eapata Taita, Karauria Huatahi as successor to Paora Kahekahe, Tamati te Ota, Heni Mohi, Apiata te Hame. as successor to Natene Hira, Mere Karaka, Te Hapi Kutia as successor to Karaitiana Hapi, Eawiri Karaha as successor to Mihaka Ngahue, Arapeta Eangiuia as successor to Nihaka Ngahue, Hone Hira, Euihi Mautatua as successor to Hare Wahie, Hunia Kehukehu as successor to Hare Wahie, Tamati Piki, Emere Tuatere, Emere Ngahue as successor to Mihaka Ngahue, Hoani Piwaka, Mere Karaka as successor to Eahera Eukupo, Eaihania Eangi
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as successor of Tamihana Paku, one of the successors of Katerina te Mana, Kereama Piwaka as successor to Kereona Piw y aka—for the sale of the irrespective freehold interests in the said Whangara Block to the said Charles Seymour are contracts invalid and incapable of being enforced without the assistance of this honourable Court, by reason of their having been respectively made not in accordance with the requirements of the statutes (then in force but now repealed) regulating the sales of the said interests in the said block. 2. It is further declared that the said several contracts are contracts which, irrespective of form, had they beenmade between Europeans, touching and concerning lands held under Crown grant, would have been valid and binding contracts capable of being enforced in the Supreme Court. 3. It is further declared that the said several contracts were not in any respect contrary to equity and good conscience. 4. It is further declared that the said several contracts were fully and perfectly understood at the time they were entered into by the contracting parties, and were fair contracts for reasonably sufficient and lawful considerations at the time and under the circumstances in which they were made. 5. And whereas it was amongst other things proved at the said hearing to the satisfaction of the Court that the Native owners of the said Whangara Block and the said Charles Seymour were at the time of the making of the aforesaid agreement, dated the 27th day of June, 1890, engaged in litigation in the Supreme Court of New Zealand and in the Court of Appeal of New Zealand respecting the validity of the said sales of freehold interests hereinbefore described, and also in litigation respecting the validity of a certain deed of lease, dated the 25th day of June, 1879, and that an appeal was then pending before the Judicial Committee of the Privy Council in England from the said Court of Appeal of New Zealand respecting the decision of the said Court of Appeal upon a portion of the said litigation And whereas it was further proved that at the time of the making of the said agreement, dated the 27th day of June, 1890, the said parties were also engaged in litigation respecting the said Whangara Block, before his Honour Mr Wortley Bassett Edwards and Mr John Ormsby, Commissioners appointed under the 20th section of " The Native Land Court Acts Amendment Act, 1889," and that the hearing before the said Commissioners was from time to time adjourned, to enable the said parties to 'agree to terms for settlement of their disputes with reference to the said block" And whereas the said parties did agree to terms of settlement, and the same were embodied in the said agreement dated the 27th day of June, 1890, whereupon the said Commissioners reported to His Excellency the Governor the making of the said agreement, and recommended " that the necessary legislation should be enacted to render the said agreement valid and binding, and to enable the terms of the same to be carried into effect" And whereas no Act or statute has been enacted for any of the said purposes • And whereas all the parties now apply to this Court to finally settle and determine all matters in difference between them respecting the said sales and purchases of freehold interests in the said block , and also respecting the validity of the leasehold interests claimed by the said Charles Seymour, and also respecting the claims for payment of money by and between the parties, and to declare whether any and, if so, what, acreage of the said Whangara Block shall be adjudged to the said Charles Seymour as purchaser under the aforesaid contracts and whether any, and, if so, what, acreage of the said Whangara Block shall be adjudged to him as lessee, and by and on behalf of what lessors the said new lease shall be given by the Court, and for what term and at what rent, and to whom and in what manner, the said rent shall be made payable and whether any, and, if so, what, moneys shall be adjudged as payable by and between the said parties, whether for rent in arrear or on the existing lease dated the 25th day of June, 1879, or for costs of the said several litigations, or on account of the aforesaid promissory notes, or otherwise howsoever Now, therefore, this Court, having duly considered the evidence brought before it by all parties, doth order and decree as follows : — 6. It is ordered and decreed that the said Charles Seymour shall be entitled to an estate in feesimple in possession, free from all encumbrances, in a block of 4,500 acres of the said Whangara Block, situate at the northern end of the said block, commencing at a point on the Pakarae Eiver, marked " A " on plan, at the junction of the Mangakuri Creek and the Pakarae Eiver , thence by a give-and-take line for a boundary-fence running in a north-westerly direction, about 257 chains, to southern boundary of Kowhata No. 2 Block thence in a south-westerly direction, about 61 chains, along boundary of aforesaid block to Touhua, thence in a north-easterly direction by the western boundary of Kowhata No. 2 Block, 18358 links, to Kererukaipo , thence in a south-easterly direction along the northern boundary of the aforesaid block to Waitapana Stream, about 114 chains, thence down that stream to the junction with the Pakarae Eiver, and thence down that river to the point of commencement, as per sketch-plan indorsed hereon, marked "A," to contain 4,500 acres, exclusive of roads, which said parcel of land so described as aforesaid shall hereafter be known as Whangara No. 1 Block And it is hereby further ordered and decreed that all other titles to the said parcel of land known as Whangara No. 1 Block shall be henceforth void, destroyed, and of none effect in so far as they affect the said Whangara No. 1 Block, whether the same be vested in the said Charles Seymour or in any other person whomsoever, and that the registration of all the said other titles shall be cancelled and deemed as of none effect in so far as they effect the said parcel of land known as Wliangara No. 1 Block. 7 It is further ordered and decreed that the said Charles Seymour, his executors, administrators, and assigns, shall be entitled to have, and to hold as lessees, and to use, occupy, and enjoy, as lessees, for the term of twenty-one years (to be computed from the Ist day of July, 1894), all that other portion of the said Whangara Block next hereunder particularly described, and containing 3,900 acres, more or less, bounded and described as follows Commencing at a point on the Pakarae Eiver marked "A" on plan, then in a line, 30 chains or thereabouts, from the junction of the Mangakuri Creek and Pakarae Eiver, thence by a line in a north-westerly direction, in a give-and-2—G 2.
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take line, for a boundary-fence, about 4,700 chains, to a point marked " B " on plan , thence by a line in a southerly direction to a point on road marked "C" on plan, about 141 chains, thence southerly along road to a point marked "D"on plan, about 19 chains, thence by a line in a southerly direction to a point on road marked " E " on plan, about 88 chains , thence southerly along road to Waimoku Eiver, thence down that river to the sea, thence in a north-easterly direction along road to a point on stream marked " F " on plan, thence down that stream to the sea , thence along the sea-coast in a north-easterly direction to the mouth of Pakarae Eiver , thence in a northerly direction up the Pakarae Eiver to point of commencement, as per plan indorsed hereon marked " B," containing about 3,900 acres, exclusive of roads, at a rent of Bd. per acre per annum, payable from the Ist day of July, 1894, up to the Ist day of July, 1904, and of Is. per acre per annum payable for the remainder of the said term. The terms and conditions of such lease to be settled by this honourable Court, and to be confirmed by the order and made under the seal of this Court. 8. It is further ordered and decreed that throughout the said term the said rent shall be payable by the said lessee or lessees in equal half-yearly instalments, on the Ist day of January and the Ist day of July in each year, to such person or persons as shall be from time to time named by this Court as receiver thereof on behalf of the persons who are to be declared by this Court entitled to the payment of the said rent after it shall have heard all parties claiming to be entitled thereto. The first of such half-yearly payments to be made on the Ist day of January 1895. 9. It is further ordered and decreed that the several persons entitled to payment from the said receiver of all rents to be received by him from the said Charles Seymour, or his assigns, on account of the said 3,900 acres of land, shall be named by the Court, and the said rent shall be paid to them by the receiver for the time being at the times and in the manner and in the proportions to be settled and declared by the order of this Court to be made after hearing all parties claiming to be entitled thereto. 10. It is further ordered and decreed that the said lease dated the 25th day of June, 1879, under which the said Charles Seymour now holds and occupies the said Whangara Block, shall be cancelled as from the Ist day of July 1894 , but all rent and arrears of rent (to be ascertained, if necessary, in manner hereinafter described) due and payable up to the said Ist day of July, 1894, shall be paid by the said Charles Seymour to the receiver to be appointed by this Court to receive the same on behalf of the persons to be named as the persons entitled to receive the same. 11. It is further ordered and decreed that the said Charles Seymour, his executors, administrators, and assigns, shall be allowed to depasture his sheep and stock on the grassed portion of the Whangara Block outside the said Whangara No. 1 Block and the said 3,900 acres of leasehold), free of rent or other charges or claims whatsoever by the Native owners, and without any interference whatsoever by the Native owners thereof, for a period of one year and nine months, to be computed from the Ist day of July, 1894, but the Native owners, and their surveyors and servants during the said term, shall have the right of ingress and egress thereon and therefrom at all times during the said term for the purpose of surveying and laying off such lands into blocks for the purpose of leasing the same , and also that any portion or portions of the said land, other than the land grassed or partially grassed, and used by the said Charles Seymour for depasturing his sheep and stock as aforesaid, may be used by the Native owners for the purpose of leasing or otherwise. 12. It is further ordered and decreed that the relative interests of the Native owners of the unsold portion of the said block—that is to say, the owners of the 16,950 acres, more or less (the residue of the said Whangara Block, after deduction of the said 4,500 acres, now called the Whangara No. 1 Block) —shall be ascertained and declared by this Court after due notice given to all persons claiming to be interested to attend the hearing for that purpose. 13. It is further ordered and decreed that, upon the ascertainment of the said relative interests and declaration thereof by this Court, the person so ascertained and declared to be the owners shall be adjudged and decreed to be the owners in fee-simple of the said 16,950 acres, more or less, and shall hold the same upon such terms and in such manner and subject to such restrictions as to alienation or otherwise as shall be found on due and proper inquiry by this Court to be just, and leave is hereby reserved to all parties interested to move the Court for such decree in the premises, and also for such decree respecting the use and occupation of the said 16,950 acres, or any portion or portions thereof, and for such term, or on payment of such rent, payable to all or any portion of the owners of said 16,950 acres, as shall be just. 14. It is further ordered and declared that no money is payable to the said Charles Seymour on account of his claim for payment for surveys made by the said Edward O'Meara, surveyor, under the said agreement, dated the 11th day of June, 1880, and it is declared that no part of said Whangara Block is subject to any claim of mortgage or lien on account thereof, or otherwise howsoever in respect of such surveys. 15. It is further ordered that the said Charles Seymour do pay to the firm of Eees and Day, solicitors, the sum of £1,000, or the unpaid portion thereof, so soon as all the titles hereby decreed to be given to the said Charles Seymour, both leasehold and freehold, shall have been declared, by this Court to have been completed and given, and the said sum of £1,000 shall be credited by the said Eees and Day as a payment made by or on behalf of the Natives of the Whangara Block to them for costs. 16. It is further ordered that the Eegistrar of this Court shall, if necessary, inquire and report to this Court what sum, if any, is payable by the said Charles Seymour to the lessors of the lease dated the 25th day of June, 1879, for rent in arrear, and shall report to whom same is payable, and he shall also inquire and report what sum, if any, is due to the said Charles Seymour upon promissory notes of qwners of the said block held by the said Charles Seymour, and by whom same is
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payable, and upon ascertainment of the said sums this Court shall, if necessary, make such order for payment thereof respectively as shall be required in the premises. 17 It is further ordered and decreed that the cost of boundary-fencing between the said freehold and leasehold lands of the said Charles Seymour and the lands of the said Maori owners shall be borne equally between the said Charles Seymour and his assigns and the said Maori owners and their assigns. 18. And it is hereby declared that upon due ascertainment by this Court of the said relative interests and ownership in the said 16,950 acres, and upon the making of the said several reports, if required of the said Eegistrar upon the said matters referred to him as aforesaid, and upon the decision of the Court upon the matters so referred, this Court shall from time to time make such other and further decree or decrees in the premises as shall be just, and meantime all matters in difference between any of the parties interested in this Whangara Block, now before the Court, and not decided by this decree, shall be deemed open for future decision upon further evidence, to be adduced by any person claiming to be interested in the premises. 19. It is further declared and decreed that the said Charles Seymour has no claim for the costs due and owing to him against the Natives of the Whangara Block in any past proceedings before other Courts, and that the said Natives have no claim for costs against the said Charles Seymour due in any of the proceedings before any other Courts. 20. And it is further declared and decreed that, except as is shown or otherwise provided for by this decree, no party to these proceedings, whether applicant or objectors, has or have any right, interest, claim, or demand whatsoever against the other or others of them in respect of the matters in difference in the premises, or arising out of any part of same. Leave is hereby reserved for all parties to move this Court for any further order or decree in the premises which they or any of them may consider themselves entitled to. Witness the hand of his Honour George Elliott Barton, Esquire, Judge, and the seal of the said Validation Court, this 6th day of September, 1894. G. E. Baeton, Judge.
PANIKAU No. 1 BLOCK. In the Validation Court at Gisborne. In the application of Edward Murphy, of Te Aeai, sheepfarmer, claiming validation of ten contracts for the sale of the freehold in certain undivided shares and interests of Natives in Panikau No. 1 Block. Tuesday, the 4th Day of September, 1894. Upon reading the application filed herein, and upon due proof of service thereof upon the objectors named in the said application, and upon reading the documents exhibited and hearing the evidence adduced before the Court, and upon hearing Mr de Lautour, of counsel for the applicant, and there being no objector present or represented, the Court doth hereby order, declare, and decree as follows: — 1. It is declared that the several contracts made by the following Native owners in the said Panikau No. 1 Block, —that is to say, Eopata Taita, Kateinia Wairoro, Emi Miria Pu, Hoana Angina, Peta Kahure, Hataraka Temepara, Hare Noanoa, Emere Ngahue, Huhana Whakarau, and Henare Euru, —for the sale of their respective freehold interests in the said Panikau No. 1 Block, are contracts invalid and incapable of being enforced without the assistance of this honourable Court, by reason of their having been respectively made not in accordance with the requirements of the statutes then in force (but now repealed) regulating the sales of the said interests in the said block. 2. It .is further declared that the said several contracts are contracts which, irrespective of form, had they been made between Europeans concerning lands held under Crown grant would have been valid and binding contracts, capable of being enforced in the Supreme Court. 3. It is further declared that the said contracts were not in any respect contrary to equity and good conscience. 4. It is further declared that the said several contracts were fully and perfectly understood at the time they were entered into by the contracting parties, and were fair contracts for reasonably sufficient and lawful considerations at the time and under the circumstances under which they were made. 5. It is hereby ordered and declared that the said applicant, Edward Murphy, is entitled to an estate in fee-simple in possession, free from encumbrances, in a block of 1,160 acres 3 roods, more or less, part of the said Panikau No. 1 Block, situated in Blocks I. and 11., Whangara Survey District, and in Blocks XIII. and XIV., Uawa Survey District, to be hereafter known as Panikau No. Ib, being all that parcel awarded by the Native Land Court of New Zealand, on or about the 3rd day of February, 1887 (on a division then made between sellers and non-sellers), to the several Native persons the said sellers, whose sales to the applicant are hereby validated, and being that parcel known as Panikau No. Ib, containing 1,160 acres 3 roods, as the same is more particularly delineated on Plan No. 356, deposited in the District Survey Office, Gisborne, and which said parcel of land is shown on the plan endorsed hereon, and thereon edged with red lines, to hold the said parcel of land to the said applicant, his heirs and assigns, absolutely 6. It is further ordered and decreed that all other titles to the said parcel of land known as Panikau No. 1b above particularly described shall henceforth be void and of none effect in so far as they affect the said Panikau No. 1b Block, whether the same titles be now vested in the said applicant or in any other person whomsoever , and that the registration of all the said other titles shall be cancelled and of none effect in so far as regards the said Panikau No. 1b Block. Witness the hand of his Honour George Elliott Barton, Esquire, Judge, and the seal of the said Validation Court. G. E. Baeton, Judge.
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PANIKAU No. 2 BLOCK. In the Validation Court at Gisborne. In the application of Edward Murphy, of Te Arai, sheep-farmer, claiming validation of twentyfive contracts for the sale of the freehold in certain undivided shares and interests of Natives in Panikau No. 2 Block. Tuesday, the 4th Day of September, 1894. Upon reading the application filed herein, and upon due proof of service thereof upon the objectors named in the said application, and upon reading the documents exhibited, and hearing the evidence adduced before the Court, and upon hearing Mr. De Lautour of counsel for the applicant, and there being no objectors present or represented, the Court cloth hereby order, declare, and decree as follows :— 1. It is declared that the several contracts made by the following Native owners in the said Panikau No. 2 Block —that is to say, Perenara Waharoa, Heta Kiore, Tiopira Potango, Kihirini Tupara, Apikara Tupara, Hohua Kawhia, Wiremu Kahure, Hoani Piwaka, Peta Kahure, Atareta Maitai, Euihi te Ngara, Karauria te Aomarama, Mere Kahure, Hirini Tupara, Eutene Kuhukuhu, Hana Kara, Tapita Kawhia, Kamariera Kahure, Mere Haihai, Hori Karaka, Karaitiana te Amaru, Eipeka Moeone, Pipi Ana Kuhukuhu, Henare Euru, Eaniera Taki—for the sale of their respective freehold interests in the said Panikau No. 2 Block, are contracts invalid and incapable of being enforced without the assistance of this honourable Court by reason of their having been respectively made not in accordance with the requirements of the statutes then in force (but now repealed) regulating the sales of the said interests in the said block. 2. It is further declared that the said several contracts are contracts which, irrespective of form, had they been made between Europeans concerning lands held under Crown grant, would have been valid and binding contracts, capable of being enforced in the Supreme Court. 3. It is further declared that the said contracts were not in any respect contrary to equity and good conscience. 4. It is further declared that the said several contracts were fully and perfectly understood at the time they were entered into by the contracting parties, and were fair contracts for reasonably sufficient and lawful considerations at the time, and under the- circumstances under which they were made. 5. It is hereby ordered and declared that the said applicant, Edward Murphy, is entitled to an estate in fee-simple in possession, free from encumbrances, in a block of 912 acres, more or less, part of the said Panikau No. 2 Block, situated in Block XIV , Uawa Survey District, to be hereafter known as Panikau No. 2b, being all that parcel awarded by the Native Land Court of New Zealand on or about the 3rd day of February, 1887 (on a division then made between sellers and non-sellers), to the several Native persons, the said sellers, whose sales to the applicant are hereby validated, and being all that parcel known as Panikau No. 2b, containing 912 acres, as the same is more particularly delineated on Plan No. 356, deposited in the District Survey Office, Gisborne, and which said parcel of land is shown on the plan indorsed hereon, and thereon edged with red lines, to hold the said parcel of land to the said applicant, his heirs and assigns absolutely 6. It is further ordered and decreed that all other titles to the said parcel of land, known as Panikau No. 2b, above particularly described, shall henceforth be void, and of none effect, in so far as they affect the Panikau No. 2b Block, whether the same title be now vested in the said applicant or in any other person whomsoever, and that the registration of all the said other titles shall be cancelled, and of none effect, in so far as regards the said Panikau No. 2b Block. Witness the hand of his Honour George Elliott Barton, Esquire, Judge, and the seal of the said Validation Court. G E. Barton, Judge.
PANIKAU No. 3 BLOCK. In the Validation Court at Gisborne. In the application of Edward Murphy of Te Arai, sheep-farmer, claiming validation of thirtynine contracts for the sale of freehold in certain undivided shares and interests of Natives in Panikau No. 3 Block. Tuesday, the 4th Day of September, 1894. Upon reading the application filed herein, and upon due proof of service thereof upon the objectors named in the said application,'and upon reading the documents exhibited, and hearing the evidence adduced before the Court, and upon hearing Mr De Lautour, of counsel for the applicant, and there being no objectors present or represented, the Court doth hereby order, declare, and decree as follows: — 1. It is declared that the several contracts made by the following Native owners in the said Panikau No. 3 Block—that is to say, Peta Parata, Mokena Pahoe, Tepora Euru, Arapeta Eangiuia, Katerina te Mihi, Paki Tuatara, Hira Taruke, Marara Paku, Eawiri Karaha, Tiopira Potango, Arapeta te Plau, Eopiha Tamararo, Emi Miria Pu, Karauria te Aomarama, Hare Nahonaho, Eutene Kuhukuhu, Atareta Maitai, Hana Kaara, Katerina Moko, Euruhira Manutuke, Irihapeti Tuahoanga, Taraipine Taike, Heneri Puanga, Tame Pahura, Hone Meihana, Paki te Amaru, Matenga Tamaroki, Harawira Tupara, Kerehona Piwaka, Witana Puanga, Iritana Pukepuke, Hare Manawapau, Karaitiana Ngeungeu, Hepeta Maitai, Mehaka te Ngahue, Karanama Moepuku, Hera Eangiuia, Henare Euru, Hare Noanoa —for the sale of their respective freehold interests in the said Panikau No. 3 Block, are contracts invalid and incapable of being enforced without the assistance of this honourable Court, by reason of their having been respectively made not in accordance with the
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requirements of the statutes then in force (but now repealed) regulating the sales of the said interests in the said block. 2. It is further declared that the said several contracts are contracts which, irrespective of form, had they been made between Europeans, concerning lands held under Crown grant, would have been valid and binding contracts capable of being enforced in the Supreme Court. 3. It is further declared that the said contracts were not in any respect contrary to equity and good conscience. 4. It is further declared that the said several contracts w ! ere fully and perfectly understood at the time they were entered into by the contracting parties, and were fair contracts for reasonably sufficient and lawful considerations at the time, and under the circumstances under which they were made.5. It is hereby ordered and declared that the said applicant, Edward Murphy, is entitled to an estate in fee-simple in possession, free from encumbrances, in a block of 1,280 acres, more or less, part of the said Panikau No. 3 Block, situated in Block XIV., Uawa Survey District, to be hereafter known as Panikau No. 3b Block, being all that parcel awarded by the Native Land Court of New Zealand on or about the 3rd day of February, 1887, on a division then made between sellers and non-sellers to the several Native persons, the said sellers whose sales to the said applicant are hereby validated. And being all that parcel known as Panikau No. 3b, containing 1,280 acres, as the same is more particularly delineated on plan No. 356, deposited in the District Survey Office, Gisborne, and which said parcel of land is shown on the plan indorsed hereon and thereon edged with red lines. To hold the said parcel of land to the said applicant, his heirs and assigns absolutely 6. It is further ordered and decreed that all other titles to the said parcel of land known as Panikau No. 3b above particularly described shall henceforth be void and of none effect in so far as they affect the said Panikau No. 3b Block, whether the same titles be now vested in the said applicant, or in any other person whomsoever And that the registration of all the said other titles shall be cancelled and of none effect in so far as regards the said Panikau No. 3b Block. Witness the hand of his Honour George Elliott Barton, Esquire, Judge, and the seal of the said Validation Court. G. E Barton, Judge.
PANIKAU No. 4 BLOCK. In the Validation Court at Gisborne. In the application of Edward Murphy, of Te Arai, sheep-farmer, claiming validation of fortytwo contracts for the sale of the freehold in certain undivided shares and interests of Natives in Panikau No. 4 Block. Tuesday, the 4th Day op September, 1894. Upon reading the application filed herein, and upon due proof of service thereof upon the objectors named in the said application, and upon reading the documents exhibited, and hearing the evidence adduced before the Court, and upon hearing Mr De Lautour, of counsel for the applicant, and there being no objectors present or represented, the Court doth hereby order, declare, and decree as follows: — 1. It is declared that the several contracts made by the following Native owners in the said Panikau No. 4 Block—that is to say, Eameka Ma.kuru, Taopoaka Pipi, Matire Eangi, Tiopira Tahore or Kaitara, Tahauru, Katerina Wairoro, Hohua Kawhia, Tame Whano,Ema Whango, HeniEakaia, Wiremu Kahure, Peta Kahure, Tiopira Potango, Ihaka Marino, Te Matenga Tamaroki, Eauhania Karaka, Eutene Kuhukuhu, Atareta Maitai, Eiria Merengi, Hakopa Tora, Katerina Moko, Hone Hira te He, Hariata Eotuhanga, Mere Meihana, Pirihira te Kuru, Paki Amaru, Eutu Hape, Harawira Tupara, Ani Piwaka, Hemi Kaitara, Hepeta Maitai, Iritana Pukepuke, Tainihana te Aotata, Miriama Poraku, Anaru Taruke, Mehaka Ngahue, Heremia Pouhene, Hataraka Eangi, Hori Karaka te Tou, Hana Kaara, Eutene Koroua, Henare Euru —for the sale of their respective freehold interests in the Panikau No. 4 Block, are contracts invalid and incapable of being enforced without the assistance of this honourable Court, by reason of their having been respectively made not in accordance with the requirements of the statutes then in force (but now repealed) regulating the sale of the said interests in the said block. 2. It is further declared that the said several contracts are contracts which, irrespective of form, had they been made between Europeans, concerning lands held under Crown grant, would have been valid and binding contracts capable of being enforced in the Supreme Court. 3. It is further declared that the said contracts were not in any respect contrary to equity and good conscience. 4. It is further declared that the said several contracts were fully and perfectly understood at the time they were entered into by the contracting parties, and were fair contracts for reasonably sufficient and lawful considerations at the time and under the circumstances under which they were made. 5. It is hereby ordered and declared that the said applicant, Edward Murphy, is entitled to an estate in fee-simple in possession, free from encumbrances, in a block of 927 acres 2 roods 30 perches, more or less, part of the said Panikau No. 4 Block, situated in Block XIV., Uawa Survey District, and Block 11., Whangara Survey District, to be hereafter known as Panikau No. 4b Block, being all that parcel awarded by the Native Land Court of New Zealand on or about the 3rd day of February, 1887, on a division then made between sellers and non-sellers to the several Native persons, the said sellers, whose sales to the applicant are hereby validated, and being all that parcel known as Panikau No. 4b, containing 927 acres 2 roods 30 perches, as the same is more particularly
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delineated on Plan No. 356, deposited in the District Survey Office, Gisborne, and which said parcel of land is shown on the plan indorsed hereon, and thereon edged with red lines, to hold the said parcel of land to the said applicant, his heirs and assigns absolutely 6. It is further ordered and decreed that all other titles to the said parcel of land known as Panikau No. 4b, above particularly described, shall henceforth be void and of non-effect in so far as they affect the said Panikau No. 4b Block, whether the said titles be now vested in the said applicant or in any other person whomsoever and that the registration of all the said other titles shall be cancelled and of non-effect in so far as regards the said Panikau No. 4b Block. Witness the hand of his Honour George Elliott Barton, Esquire, Judge, and the seal of the said Validation Court. G. E. Barton, Judge.
PANIKAU No. 5 BLOCK. In the Validation Court at Gisborne. In the application of Edward Murphy, of Te Arai, sheep-farmer, claiming validation of thirtyfour contracts for the sale of the freehold in certain undivided shares and interests of Natives in Panikau No. 5 Block. Tuesday, the 4th Day of September, 1894. Upon reading the application filed herein, and upon due proof of service thereof upon the objectors named in the said application, and upon reading the documents exhibited, and hearing the evidence adduced before the Court, and upon hearing Mr De Lautour of counsel for the applicant, and there being no objectors present, or represented, the Court doth hereby order, declare, and decree as follows :— 1. It is declared that the several contracts made by the following Native owners in the said Panikau No. 5 Block—that is to say Kingi Hori Toa, Eapata Taita, Hori Peita, Hamiora Maunga, Paora Hura, Tamati Ota, Enoka Whakatete, Heta Mangungu, Pera Kahore, Tahauru, Heni Whareponga, Hoana Maunga, Heni te Eohahiwu, Eru Pao, Kereama Piwaka, Arapeta te Hau, Te Hapi Kutia, Himiona te Kani, Euruhira Manutuke, Irihapeti Tuahoanga, Heneri Temepara, Keita Ngahue, Hone Meihana Tamararo, Tanatiu te Kani, Karnariera Kahure, Timoti Wahahuka, Apiata te Hame, Hone Niwa, Marata Whana, Te Hapi Hinaki, Tiopira Kaitara, Wiremu te Hau, Heni te Wene, Emere Ngahue—for the sale of their respective freehold interests in the said Panikau No. 5 Block, are contracts invalid and incapable of being enforced without the assistance of this honourable Court, by reason of their having been respectively made not in accordance with the requirements of the statutes then in force (but now repealed) regulating the sales of the said interests in the said block. 2. It is further declared that the said several contracts are contracts which, irrespective of form, had they been made between Europeans, concerning lands held under Crown grant, would have been valid and binding contracts capable of being enforced in the Supreme Court. 3. It is further declared that the said contracts were not in any respect contrary to equity and good conscience. 4. It is further declared that the said several contracts were fully and perfectly understood at the time they were entered into by the contracting parties, and were fair contracts for reasonably sufficient and lawful considerations at the time and under the circumstances under which they were made. 5. It is hereby ordered and declared that the said applicant, Edward Murphy, is entitled to an estate in fee-simple in possession, free from encumbrances, in a block of 540 acres, more or less, part of the said Panikau No. 5 Block, situated in Block 11., Whangara Survey District, and Block XIV., Uawa Survey District, to be hereafter known as Panikau No. 5b Block, being all that parcel awarded by the Native Land Court of New Zealand, on or about the 3rd day of February 1887, on a division then made between sellers and non-sellers to the several Native persons, the said sellers, whose sales to the applicant are hereby validated. And being all that parcel known as Panikau No. 5b Block, containing 548 acres, as the same is more particularly delineated on Plan No. 356, deposited in the District Survey Office, Gisborne, and which said parcel of land is shown on the plan indorsed hereon, and thereon edged with red lines. To hold the said parcel of land to the said applicant, his heirs, and assigns absolutely 6. It is further ordered and decreed that all other titles to the said parcel of land known as Panikau No. Sb, above particularly described, shall henceforth be void and of non-effect, in so far as they affect the said Panikau No. sb. Block, whether the same titles be now vested in the said applicant or in any other person wdiomsoever And that the registration of all the said other titles shall be cancelled and of non-effect in so far as regards the said Panikau No. 5b Block. Witness the hand of his Honour George Elliott Barton, Esquire, Judge, and the seal of the said Validation Court. G. E. Barton, Judge.
IHUNUI BLOCK. In the Validation Court, holden at Gisborne. In the application of Andrew Eeeves for the validation of six. contracts for sale of undivided freehold interests in the Ihunui Block, situated in the Gisborne Native Land Court District, and within the jurisdiction of the Validation Court sitting at Gisborne, and in the application of William Frederic Hale for validation of a contract for sale of one equal undivided half-share —a freehold interest of Wi Kingi Hori in said block , and in the application of Timi Moriti and Wi Paraone, claiming as executors of the will of Hirini Haereone, a non-seller, deceased owner in the said block, for a partition between them and the other owners of said block.
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Thursday, the 19th day of July, 1894. Upon reading the application aforesaid of the said Andrew Eeeves, filed in this honourable Court , and upon proof of due service thereof upon the objectors named, and upon hearing the evidence adduced before the Court at the hearing of the said application and upon reading the several documents exhibited in evidence before the Court, and upon hearing Mr Nolan, of counsel for the said applicant the said Andrew Eeeves, and also of counsel for the said Timi Moriti and Wi Paraone, claiming as executors under the will of the said Hirini Haereone, and upon hearing William Frederic Hale, claiming one-half of the freehold undivided interest of Wi Kingi Hori, an owner in the said block, and upon proof of the service of notice of the said, application of the said William Frederic Hale on the said Wi Kingi Hori, who failed to appear, it is declared and decreed as follows:— 1. It is declared that the several contracts for sale to the said applicant the said Andrew Eeeves made by the following persons, owners in the said Ihunui Block—namely Heremia Taurewa, Karauria Pahura, Himiona te Kani, Eaniera Turoa, Arapeta Eangiuia, Wi Kingi Hori (half-share) —for the sale of freehold interests to the said Andrew Eeeves free from all encumbrances, and that the contract for sale to the said William Frederic Hale made by Wi Kingi Hori of his half-share and freehold interest to the said William Frederic Hale free from encumbrances, are contracts invalid and incapable of being enforced without the assistance of this honourable Court, by reason of their having been respectively made not in accordance with the requirements of the statutes then in force (but now repealed) regulating the sales of the said interests in the said block. 2. It is further declared that the said several contracts hereinbefore mentioned are contracts which, irrespective of form, and had they been made between Europeans, concerning land held under Crown grant, would have been valid and binding contracts capable of being enforced in the Supreme Court. 3. It is further declared that the said several contracts were not in any respect contrary to equity and good conscience. 4. It is further declared that the said contracts were fully and perfectly understood at the respective times they were respectively entered into by the contracting parties, and were fair contracts for reasonably sufficient and lawful considerations at the respective times and under the circumstances in which they were made. And whereas it was agreed at the said application between the parties appearing before this honourable Court that the said block should be subdivided in the manner hereinafter mentioned, that is to say : — 1. That the parcel of land shown on the plan indorsed hereon, and thereon edged with red, and called Ihunui No. 1 Block, 58 acres, should be apportioned to the said Andrew Eeeves as his share of the said block, in right of the aforesaid purchases. 2. That the parcel of land shown on the said indorsed plan, and thereon edged with green, and called Ihunui No. 2, 10 acres and 28 perches, should be apportioned to the said Timi Moriti and Wi Paraone as trustees of the said will of Hirini Haereone, and for the use of the cesUiique trustent therein provided. 3. That the parcel of land shown on the said indorsed plan, and thereon edged with yellow, and called Ihunui No. 3 Block, 10 acres and 2 perches, should be apportioned to the said William Frederic Hale as his share of the said block, in right of his purchase of the said half-share of the said Wi Kingi Hori. Now, therefore, it is hereby ordered, declared, and decreed respecting the right, title, and interest of the said Andrew Eeeves, as follows: — 1. It is ordered that the said Ihunui No. 1 Block, containing 58 acres, more or less, being all that parcel of land containing by admeasurement 60 acres 3 roods 31 perches, less 2 acres 3 roods 31 perches, for roads situate in the Uawa Survey District, being subdivision 1 of the Ihunui Block, commencing at the northernmost corner of subdivision 1, bounded on the north-east by subdivision 2 by a line bearing 171° 12' 0", 2172-3 links, thence bounded on the south-east by the Ihunui Stream to its junction with the Uawa Eiver, thence bounded on the north-west by the Uawa Eiver to the commencing-point (an approved plan whereof is indorsed hereon edged red), shall be the property of the said Andrew Eeeves, for an estate in fee-simple in possession, free from all encumbrances. And it is hereby further ordered that all other titles to the said land above particularly described as the Ihunui No. 1 Block shall be henceforth void and of none effect in so far as they affect the said Ihunui No. 1 Block, whether the same be vested in the said Andrew Eeeves or in any other person whomsoever, and that the registration of all said other titles shall be cancelled and made of none effect in so far as it affects the said Ihunui No. 1 Block, and it is declared that the said Andrew Eeeves is entitled to a certificate of title under " The Land Transfer Act, 1883," and its amendments, for the said Ihunui No. 1 Block, for an estate of inheritance in fee-simple, free from encumbrances. Witness the hand of his Honour George Elliott Barton, Esquire, Judge, and the seal of the said Validation Court, this 19th day of July, 1894. G. E. Baeton, Judge.
ANAURA BLOCK. In the Validation Court, Gisborne. In the application of John Davies Ormond for validation of a lease, dated the 18th May, 1891, signed by thirty-five Native owners of the Anaura Block, situate within the Gisborne district, and within the jurisdiction of the Validation Court, and for a partition of the said Anaura Block for the purposes of the said lease.
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Tuesday, the 18th Day of Septembee, 1894. Upon reading the application filed herein, and upon proof of service thereof upon the objectors named and upon hearing Mr Lysnar, of counsel for the applicant, and Mr W L. Eees and Mr. Day, of counsel for Hone Paerata and the several other persons who have not signed the alleged lease, and upon hearing the evidence and reading the documents exhibited before the Court, it is hereby ordered, declared, and decreed as follows :— 1. It is declared that the deed dated the 15th May, 1891, signed by the following persons, owners in the said Anaura Block—namely Peka Marotiri, Hirini Ahunuku, Parata Eangi, Arapeta Potae, Henare Potae, Hare Waiti, successor to one-quarter share of Pita Houao, Piripi Kohea, successor to one-quarter share of Pita Houao Hera Waipakoa, successor to one-quarter share of Pita Houao, Peta Kurekure or Eangiuia, Hoani Muhu, Hori Mokoera, Mihi Pahura, Eopata Wahawaha, Hare Pini, Hemi Kaipau, Eaniera te Heuheu, Heremia Taurewa, Maraea Toko, as successor to one-quarter share of Pita Houao , Hirini Tutu, successor to Paora Tutu , Kerihana Potae, successor to Karauria te Kani, Wiremu Konohi, successsor to Era Hoki, Teone Henihana, or Houi Anderson (half-caste), successor to one-quarter share of Tamati te Kaahu, Hori Matua, successor to one-quarter share of Tamati te Kaahu, Hopara Konohi, successor to onequarter share of Tamati te Kaahu, Piripi Kohea, successor to one-half share of Hami Kohea, Tumaorirere, successor to one-third share of Tamaki te Eangi, Eahia Tautau, successor to onethird share of Tamaki te Eangi, Eria Manu, successor to one-third share of Eopata Hoe, Hare Eanguia, successor to one-third share of Eopata Hoe Tame Pahura, successor to one-third share of Pateriki Pahura Tame Pahura, successor to Eipeka Pahura, a successor of Pateriki Pahura , Hatawira Pahura, successor to one-third share of Pateriki Pahura, Hatawira Pahura, successor to Ihimaera Pahura, a successor of Pateriki Pahura, Hera Amaru, as trustee for Katerina Pahura, as successor to one-third share of Pateriki Pahura and Hokimate Pahura , Mihi Hetekia, as trustee for Katerina Pahura, as successor to Pateriki Pahura and Hokimate Pahura , Tuporaka Komaru, successor to one-third share of Peta Komaru, Kate Komaru, successor to one-third share of Peta Komaru, Kupara Komaru, successor to one-third share of Peta Komaru —for the leasing of their respective interests in the said Anaura Block, are contracts for a lease invalid and incapable of being enforced without the assistance of this honourable Court, by reason of their having been respectively made not in accordance with the requirements of the statutes then in force (but now repealed) regulating the leasing of the said interests in the said block. 2. It is further declared that the said contracts are contracts which, irrespective of form, had they been made between Europeans, concerning lands held under Crown grant, would have been valid and capable of being enforced in the Supreme Court. 3. It is further declared that the said several contracts were fully and perfectly understood by the contracting parties at the time they were entered into, and were fair contracts for reasonably sufficient and lawful consideration at the time and under the circumstances in which they were made. 4. It is further declared that the said several contracts were not in any respect contrary to equity and good conscience. And whereas all the parties, both those who have contracted for the lease aforesaid and those who have not agreed to lease their respective interests, have applied to the Court to declare and set out by metes and boundaries what portion of the said Anaura Block shall be subject to the said agreement for lease, and what portion shall be declared discharged from and not subject to the same, and also to settle and determine what rent shall be payable, and to whom and where payable, and for what term, and also to settle and determine what modification (if any) shall be made in the covenants and conditions of the said agreement for lease, dated 18th May, 1891, and also to settle and determine all claims for use and occupation up to the 18th day of May, 1895, up to which date it has been agreed between the parties before the Court that the said J D. Ormond shall be permitted to continue to use and enjoy the entire block as he has heretofore done, and also to settle and determine all other claims and demands whatsoever between the said parties before the Court or any of them. Now, therefore, the Court, having duly considered all the evidence brought before it by all the parties, doth order and decree as follows : — 1. It is ordered and decreed that the said J D. Ormond, his executors, administrators, and assigns, shall be entitled to use and occupy henceforth the whole Anaura Block (as described in the said contract for a lease dated 18th May, 1891) up to the 18th day of May, 1895, and no longer, and shall yield and pay for such use and occupation up to the said 18th May, 1895, to the several persons whose names are annexed, hereunder set forth, the respective sums of money set forth in the column following their names, such payments to be made by the said J D. Ormond to the said several persons on the said 18th May, 1895 :— Name of Maori Owner. Amount to be paid. £ s. a. Hone Paerata 13 10 0 Here Eangiuia s successor 13 10 0 Eutene Porotiti, Miriama Kirikiri, and Eamari Mokena, as successors to Hone Maeha (each) 4 10 0 Heni Kohea, as successor to one-fourth share of Pita Houao 3 7 6 Hirini Ahunuku 8 0 0 Hare Waiti, successor to one-fourth share of Pita Houao .. 2 0 0 Hare Pini .. 8 0 0 Piripi Kohea, as a successor to one-fourth share of Pita Houao 2 0 0 Piripi Kohea, as a successor to one-half share of Hami Kohea 4 0 0 Hera Waipaka, as a successor to one-fourth share of Pita Houao 2 0 0 Patera Eangi .. .. 8 0 0
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Name of Maori Owner. Amount to be paid. £ s. d. Hirini Tutu, as successor to Paora Tutu 8 0 0 Te Peka Marotiri 8 0 0 Arapeta Potae 8 0 0 Henare Potae 8 0 0 Kereana Potae, as successor to Karauria te Kani 8 0 0 Peta Kurekure 8 0 0 Wiremu Konohi, successor to Eru Floki 8 0 0 Hoani Muhu 8 0 0 Hari Mokoera 8 0 0 Mihi Pahura 8 0 0 Teone Henihana, as a successor to one-fourth share of Tamata Koaha ..200 Hori Matua, as a successor to one-fourth share of Tamati Koaha 2 0 0 Hopara Konoha, as a successor to ons-fourth share of Tamati Koaha 2 0 0 Eopata Wahawa .. 8 0 0 Tv Maurirere, as a successor to one-third share of Tamaki te Eangi 2 13 4 Eaiha Tautau, as a successor to one-third share of Tamaki te Eangi 2 13 4 Eria Manu, as a successor to one-third share of Eapata Hoe 2 13 4 Hare Eangiuia, as a successor to one-third share of Eapata Hoe .. 2 13 4 Hemi Kaipau 8 0 0 Tama Pahura, as a successor to one-third share of Pateriki Pahura 2 13 4 Hatiwira Pahura, as a successor to Paterika Pahura 2 13 4 Katarina Pahura, as a successor to one-third share of Pateriki Pahura 2 13 4 Eaniera te Heuheu ... 8 0 0 Tuporaka Komaru, as a successor to one-third share of Peta Komaru 2 13 4 Kupara Komaru, as a successor to one-third share of Peta Komaru 2 13 4 Keita Komaru, as a successor to one-third share of Peta Komaru 2 13 4 Heremia Taurewa 8 0 0 MaraeaToko 8 0 0 2. It is further ordered and decreed that from and after the said 18th May, 1895, the said J D. Ormond, his executors, administrators, or assigns, shall no longer be entitled to use and occupy the whole Anaura Block, but he and they shall henceforth be entitled to use and occupy as lessee or lessees that portion of the said Anaura Block called Anaura D Block, containing 4,621 acres, described as follows Commencing at a point on the Hikuwai Stream called Papaheketanga, thence north-easterly by a straight line parallel to the southern boundary of the Anaura Block, sufficient to contain 200 acres, known as Anaura B, by producing a straight line at right angles until it strikes the Eaponga Stream, thence following the said stream to the bridge on the Tokomaru Eoad , thence by a straight line to the Hikuwai Stream thence following the course of the Hikuwai Stream in a northerly direction to a point marked "A on the plan , thence by a straight line in a southerly direction until it strikes the Tokomaru Eoad, thence by the western side of the said road at a point marked "B" on the plan thence north-easterly by a straight line in the direction of the corner of the Tokomaru Coast Eoad, near the stream called Waitata, marked " C " on the plan, previously including all the paddocks, and following the line of external fencing on the northern side to its contact with the said road north of the point " C " , thence by the western side of the said road to the corner marked " C," near the Waitata Stream thence by that stream to the sea-coast, thence southerly by the sea-coast to the northern boundary of the Kaiaua Block, thence south-westerly by the northern boundary of the Kopuatarakihi No. 1 Block, excluding 200 acres of the land known as Anaura C, the boundaries of which are more particularly described as commencing at a bridge on the old road on the Parakawai Stream thence by a straight line southeasterly until it touches the southern boundary of the Anaura Block , thence along the said boundary in a north-easterly direction to a point sufficient in distance to contain the required area between the southern boundary and the old road aforesaid by producing a line at the right angles to the boundary to the said road, thence along the said road to the bridge, thence from the southernmost point of the Anaura C Block, following the southern boundary of the Anaura Block in a south-westerly direction, to the Hikuwai Stream, thence by the said stream to Papaheketanga, the starting-point, excepting only from the above 4,621 acres, the grave-yards near the Anaura Homestead. 3. It is further ordered and declared that the said lessee or lessees shall be entitled to such use and occupation of the said 4,621 acres for the term of seventeen years, to be computed from the said 18th May, 1895, yielding and paying therefor the annual rent of £186 13s. 4d., on the 18th May in each and every year, the first of such payments to be made on the 18th day of May, 1896. 4. It is further ordered and decreed that until the further order of this Court the said rent of £186 13s. 4d. shall be paid and payable to the said several persons who have signed the said contract for a lease dated the 18th of May, 1891, and their successors, in the following proportions, that is to say : — AT , , r • Amount to be paid. Name of Maori Owner. „ , * Hirini Ahunuku 8 0 0 Hare Waiti, successor to one-fourth share of Pita Houao 2 0 0 Hare Pini .. 8 0 0 Piripi Kohea, as a successor to one-fourth share of Pita Houao 2 0 0 Piripi Kohea, as a successor to one-half share of Hami Kohea 4 0 0 3—G 2.
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Name of Maori Owner. Amount to be paid. £ s. a. Hera Waipaka, as a successor to one-fourth share of Pita Houao 2 0 0 Patara Eangi 8 0 0 Hirini Tutu, successor to Paora Tutu 8 0 0 Te Peka Marotiri .. 8 0 0 Arapeta Potae 8 0 0 Henare Potae 8 0 0 Kereana Potae, successor to Karauria te Kani 8 0 0 PetaKurekure 8 0 0 Wiremu Konohi, successor to Eru Hoki 8 0 0 Hoani Muhu 8 0 0 Hari Mokoera 8 0 0 Mihi Pahura 8 0 0 Teone Henihana, successor to one-fourth share of Tamati Koaha 2 0 0 Hori Matua, successor to one-fourth share of Tamati Koaha 2 0 0 Hopara Konohi, successor to one-fourth share of Tamati Koaha 2 0 0 Eopata Wahawaha 8 0 0 Tv Maurirere, successor to one-third share of Tamiki te Eangi 2 13 4 Eaiha Tautau, successor to one-third share of Tamiki te Eangi 2 13 4 Eria Manu, successor to one-third share of Eapata Hoe 2 13 4 Hare Eangiuia, successor to one-third share of Eapata Floe. 2 13 4 Hemi Kaipau. 8 0 0 Tami Pahura, successor to one-third share of Patariki Pahura 2 13 4 Haniwira Pahura, successor to one-third share of Patariki Pahura 2 13 4 Katarina Pahura, successor to one-third share of Patariki Pahura 2 13 4 Eaniera Heuheu 8 0 0 Tuporaka Komaru, successor to one-third share of Peta Komaru 2 13 4 Keita Komarau, successor to one-third share of Peta Komaru 2 13 4 Kupara Komaru, successor to one-third share of Peta Komaru .. 2 13 4 Heremia Taurewa .. 8 0 0 MaraeaToko .. 8 0 0 5. It is further ordered and decreed that said lessee or lessees shall, during the said term of seventeen years, be entitled to a right-of-way and of egress and regress along such portion of the ridge known as Taumata Pakura as shall not be included in the said 4,621 acres, for himself and themselves, their servants, horses, cattle, sheep, and other stock, and whether with or without carts or other vehicles. 6. It is further ordered and decreed that all covenants, expressed or implied, in the said contract for lease dated the 18th May 1891, shall be observed and performed by the said parties and their assigns, in so far as they relate to the 4,621 acres, and no further or otherwise, and that the said lessors of the said 4,621 acres shall be entitled for non-payment of the said rent, or for other breach of covenant expressed or implied in the said lease, so far as it relates to the said 4,621 acres, to terminate the said term hereby decreed in the same manner and in the same events as they would have been entitled to terminate the term given under the said agreement for lease of the 18th May, 1891, if it had been a valid demise. 7 It is further ordered that any Native owner in the Anaura Block shall be entitled to apply to this Court for a partition of the said block between the owners thereof, and nothing herein contained shall, on the hearing of such application, be construed to prevent any Native owner from claiming or showing a right to any and every part or parcel of the said block, whether it be portion of the said 4,621 acres or not, it being hereby expressly declared that the said 4,621 acres have been set apart by the Court with the assent and by arrangement between the parties for the use and occupation of the said lessee, and for that purpose only, but no partition hereinafter to be made shall lessen or prejudice the right of the said lessee or lessees to use and occupy the said 4,621 acres, or any part thereof, during the said term of seventeen years. 8. It is further ordered and decreed that a certain alleged deed of lease, dated the sth April, 1874, made between certain Native owners of the said Anaura Block and Alexander Dalziel and John Edward Espie, therein described, shall be henceforth void and of none effect, and it is further declared that all other leases or agreements for lease, whether to the said Alexander Dalziel and John Edward Espie, or any other person or persons whomsoever, shall be henceforth void and of none effect, and the registration thereof shall be cancelled. 9. It is further declared that leave be reserved to all or any of the parties to these proceedings to apply to the Court at any time for any purpose whatever, as they may be advised. Witness the hand of his Honour George Elliott Barton, Esquire, Judge, and the seal of the said Validation Court, this 18th day of September, 1894. G. E. Baeton, Judge.
KOTOREPAIA BLOCK. In the Validation Covet at Gisboene. In the application of Edward Circuit Latter and Harry Joseph Beswick, both of Christchurch, trustees of the estate of Eobert Heaton Ehodes (deceased), for validation of ten contracts for sale of freehold interests in the Kotorepaia Block, situate in the Gisborne Native Land Court District, and within the jurisdiction of the Validation Court sitting at Gisborne.
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Monday, the 10th Day of September, 1894. Upon reading the application aforesaid of the said Edward Circuit Latter and Harry Joseph Beswick filed in this honourable Court, and upon proof of the service thereof upon the objectors named in the said application, and upon hearing the evidence adduced before the Court by all the parties appearing before it, and upon reading the several documents exhibited in evidence, and upon hearing Mr Finn, of counsel for the said applicants, this Court doth declare, order, and decree as follows :— 1. It is declared that the several contracts for sale to Eobert Heaton Ehodes, of Christchurch, Esquire (now deceased), made by the following persons, owners in the said Kotorepaia Block—Tuta Nihoniho, Eerata Hape, Heri Nohoaka, Hori te Ori, Erara Eauhaere, Peti Poihakera, Eruera Ariari, Peti Matekiro, Kararaina Turaki, Eopata Wahawaha—for the sale of their respective freehold interests in the said Kotorepaia Block to the said Eobert Heaton Ehodes, are contracts invalid and incapable of being enforced without the assistance of this honourable Court, by reason of their having been respectively made not in accordance with the requirements of the statutes then in force (but now repealed) regulating the sale of the said interests in the said block. 2. It is further declared that the said several contracts are contracts which, irrespective of form, had they been made between Europeans, touching and concerning lands held under Crown grant, would have been valid and binding contracts capable of being enforced in the Supreme Court. 3. It is further declared that the said several contracts were not in any respect contrary to equity and good conscience. 4. It is further declared that the said several contracts were fully and perfectly understood at the time they were entered into by the contracting parties, and were fair contracts for reasonably sufficient and lawful considerations at the time and under the circumstances in which they were made. 5. It is now ordered and decreed that the said Edward Circuit Latter and Harry Joseph Beswick shall be entitled to an estate of fee-simple in possession, free from all encumbrances, in all that parcel of land containing by admeasurement 794 acres, more or less, situated in the Hikurangi Survey District, and known as the Kotorepaia No. 2 Block, as the same is delineated on the plan drawn hereon edged red, and it is further ordered and decreed that all other titles to the said parcel of land known as Kotorepaia No. 2 Block shall be henceforth void, destroyed, and of none effect, and it is declared that the certificate of title issued by the District Land Eegistrar of Hawke's Bay under the provisions of the Land Transfer Act to the said Native owners shall be cancelled, and deemed as of none effect, and that a certificate of title under the provisions of the said Land Transfer Act be issued in favour of the said applicants, Edward Circuit Latter and Harry Joseph Beswick, therefor. Leave is hereby reserved for the said applicants to move for any further or other decree in the premises. Witness the hand of his Honour George Elliott Barton, Esquire, Judge, and the seal of the said Validation Court, this 10th day of September, 1894. G. E. Baeton, Judge.
PAEKAWA No. 2 BLOCK. In the Validation Covet at Gisboene. In the application of Edward Circuit Latter and Harry Joseph Beswick, both of Christchurch, trustees of the estate of Eobert Heaton Ehodes (deceased) for validation of thirty-seven contracts for sale of freehold interests in the Paekawa No. 2 Block, situate in the Gisborne Native Land Court District, and within the jurisdiction of the Validation Court sitting at Gisborne. Monday, the 10th Day of September, 1894. Upon reading the application aforesaid of the said Edward Circuit Latter and Harry Joseph Beswick filed in this honourable Court, and upon proof of the service thereof upon the objectors named in the said application, and upon hearing the evidence adduced before the Court by all the parties appearing before it, and upon reading the several documents exhibited in evidence, and upon hearing Mr. Finn, of counsel for the said applicants, this Court doth declare, order, and decree as follows :— 1. It is declared that the several contracts for sale to Eobert Heaton Ehodes, of Christchurch, Esquire (now deceased), made by the following persons, owners in the said Paekawa Block—Mere Waimanuka, Kerana te Purai, Eopihana Huatau, Erana Eauhaere, Te Honiana Auriri, Mere Whariki, Euira Wharekohu, Mere Arihi Tawhara, Natama Maukau, Piripi te Awarau, Te Hemara Moana, Heni Mohoaka, Eenata Apawai, Hori Tutere, Pipi Taweka, Mokena Horua, Perenata Kaiwi, Mere Euawahine, Euira Kahawai, Eaana Pakau, Wiremu Taika, Hare Maruata, Piniha Tahiriri, Eiwai Tauranga, Nepia Hurikara, Naera Otutu, Mokena Kahu, Wi Pahau, Wiremu te Owai, Eruera Ariari, Heni te Aomihia, Eenata Hape, Kereama Kaipara, Apirana Tatua, Peti Poihakena, Ham iora Ngarimu, Himiona te Moana —for the sale of their respective freehold interests in the said Paekawa Block to the said Eobert Heaton Ehodes, are contracts invalid and incapable of being enforced without the assistance of this honourable Court, by reason of their having been respectively made not in accordance with the requirements of the statutes then in force (but now repealed) regulating the sales of the said interests in the said block. 2. It is further declared that the said several contracts are contracts which, irrespective of form, had they been made between Europeans, touching and concerning lands held under Crown grant, would have been valid and binding contracts capable of being enforced in the Supreme Court. 3. It is further declared that the said several contracts were not in any respect contrary to equity and good conscience.
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4. It is further declared that the said several contracts were fully and perfectly understood at the time they were entered into by the contracting parties, and were fair contracts for reasonably sufficient and lawful considerations at the time and under the circumstances in which they were made. 5. It is now ordered and decreed that the said Edward Circuit Latter and Harry Joseph Beswick shall be entitled to an estate of fee-simple in possession, free from all encumbrances, in all that parcel of land containing by admeasurement 528 acres, more or less, situated in the Mata and Hikurangi Survey Districts, and known as the Paekawa No. 2 Block, as the same is delineated in the plan drawn hereon edged red, and it is further ordered and decreed that all other titles to the said parcel of land known as Paekawa No. 2 Block shall be henceforth void, destroyed, and of none effect and it is declared that the certificate of title issued by the District Land Eegistrar of Hawke's Bay, under the provisions of the Land Transfer Act, to the said Native owners, shall be cancelled and deemed as of none effect, and that a certificate of title under the provisions of the said Land Transfer Act be issued in favour of the said applicants, Edward Circuit Latter and Harry Joseph Beswick, therefor Leave is hereby reserved for the said applicants to move for any further or other decree in the premises. Witness the hand of his Honour George Elliott Barton, Esquire, Judge, and the seal of the said Validation Court, this 10th day of September, 1894. G E. Baeton, Judge.
POUTURU BLOCK. In the Validation Covet at Gisboene. In the application of Edward Circuit Latter and Harry Joseph Beswick, both of Christchurch, trustees of the estate of Eobert Heaton Ehodes (deceased), for validation of twenty-seven contracts for sale of freehold interests in the Pouturu Block, situated in the Gisborne Native Land Court District, and within the jurisdiction of the Validation Court sitting at Gisborne. Tuesday the 11th Day of Septembee, 1894. Upon reading the application aforesaid of the said Edward Circuit Latter and Harry Joseph Beswick, filed in this honourable Court, and upon proof of the service thereof upon the objectors named in the said application, and upon hearing the evidence adduced before the Court by all the parties appearing before it, and upon reading the several documents exhibited in evidence, and upon hearing Mr Finn, of counsel for the said applicants, this Court doth declare, order, and decree as follows :— 1. It is declared that the several contracts for sale to Eobert Heaton Ehodes, of Christchurch, Esquire (now deceased), made by the following persons, owners in the said Pouturu Block—Tuta Nihoniho, Peta Tewa, Nepia Hurikara, Hone Poihakena, Harata Tuari, Anaru te Kahaki, Hamiora Ngarimu, Hekiera Tuterangi, Maraki Tautuhi, Winiata Tapaki, Hoana Whakama, Mohi Turei, Eaniera Tuhua, Pita Horuhoru, Miria Whakaiti, Hurata Taheke, Eeupene Tiere, Maraea Tauoha, Eruera Pirita, Tarati Wahakino, Eapata te Kooro, Hari Tokoaka, Henare Tuatai, Peti Matekino, Hetekia Motu, Piriha Tihore, Eenata Eangiipaia, Mere Hineitukua, Eipeka Paia, Peti Poihakena, Erana Eauhaere, Kararauia Turaki, Mokena Eomio, Herewini Huriwaka, Wiremu Pewhairangi, Himiona te Moana, Hare Paraone, Euira Makuawe, Hoterene Karaka, Makari Tamanga, Hoani Kaikapo, Horomona Hapai, Hori Matamua, Apirana Tatua, Wiremu te Urupa, Eeupena te Ana, Mata Ponghahuru, Heni Nohoaka, Tamati te Ota, Himiona Tiwhatiwha, Hekiera Taurare, Hori Peita, Himiona te Owai, Pine Tipuna, Wi Turehu, Eiria Kowhai, Eruera Kupenga, Hare Pikoi, Pekama Pahuru, Perenata Kaiwi, Eiwai te Hana, Hone Korokaingatua, Flori Tuhere, Te Paia Pakawe, Haua Konewa, Heni Herewaka, Herewini Waitatari, Maraea Whakaki, Kereama Kaipara, Erana Okore, Hanara te Whio, Hohepa Kairi, Hiria te Kakahurumai, Makutu Tamati, Pekama Tuha, Auaru Ngamu, Hamana Turi—for the sale of their respective interests in the said Pouturu Block to the said Eobert Heaton Ehodes, are contracts invalid and incapable of being enforced without the assistance of this honourable Court, by reason of their having been respectively made not in accordance with the requirements of the statutes then in force (but now repealed) regulating the sales of the said interests in the said block. 2. It is further declared that the said several contracts are contracts which, irrespective of form, had they been made between Europeans, touching and concerning lands held under Crown grant, would have been valid and binding contracts capable of being enforced in the Supreme Court. 3. It is further declared that the said several contracts were not in any respect contrary to equity and good conscience. 4. It is further declared that the said several contracts were fully and perfectly understood at the time they were entered into by the contracting parties, and were fair contracts for reasonably sufficient and lawful considerations at the time and under the circumstances in which they were made. 5. It is now ordered and decreed that the said Edward Circuit Latter and Harry Joseph Beswick shall be entitled to an estate of fee-simple in possession, free from all encumbrances, in all that parcel of land, containing by admeasurement 1,216 acres, more or less, situated in the Hikurangi Survey District, and known as the Pouturu No. 2 Block, as the same is delineated on the plan drawn hereon, edged red. And it is further ordered and decreed that all other titles to the said parcel of land known as Pouturu No. 2 Block shall be henceforth void, destroyed, and of none effect. And it is declared that the certificate of title issued by the District Land Eegistrar of Hawke's Bay under
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the provisions of the Land Transfer Act to the said Native owners shall be cancelled and deemed as of none effect, and that a certificate of title under the provisions of the said Land Transfer Actbe issued in favour of the said applicants, Edward Circuit Latter and Harry Joseph Beswick, therefor. Leave is hereby reserved for the said applicants to move for any further or other decree in the premises. Witness the hand of his Honour George Elliott Barton, Esquire, Judge, and the seal of the said Validation Court, this 11th day of September 1894. G. E. Barton, Judge.
RANGIKOHUA No. 2 BLOCK. In the Validation Court at Gisborne. In the application of Edward Circuit Latter and Harry Joseph Beswick, both of Christchurch, trustees of the estate of Eobert Heaton Ehodes (deceased), for validation of twenty-two contracts for sale of freehold interests in the Eangikohua No. 2 Block, situate in the Gisborne Native Land Court District, and within the jurisdiction of the Validation Court sitting at Gisborne. Tuesday, the 11th Day of September, 1894. Upon reading the application aforesaid of the said Edward Circuit Latter and Harry Joseph Beswick, filed in this honourable Court, and upon proof of the service thereof upon the objectors named in the said application, and upon hearing the evidence adduced before the Court by all the parties appearing before it, and upon reading the several documents exhibited in evidence, and upon hearing Mr Finn, of counsel for the said applicants, this Court doth declare, order, and decree as follows :— 1. It is declared that the several contracts for sale to Eobert Heaton Ehodes, of Christchurch, Esquire (now deceased), made by the following persons, owners in the said Eangikohua No. 2 Block—Ani Ponahaua, Nepia Hurikara, Hana Maraea Eairi, Hohepa Eairi, Heni Herewaka, Hori te Apinga, Ani Kuini, Katarina te Kani, Hanora te Whiu, Tuta Pawhero, Makere Eairi, Tuta Ngarimu, Maraki Tautuhi, Hekiera Taurare, Wi Hunia, Te Whiu o Parae, Peta te Haura, Makere Takawhenua, Winita Kairohi, Mere Katene Taiapa, Apikara Kuruwai, Hari Tokowa.ka—for the sale of their respective freehold interests in the said Eangikohua No. 2 Block to the said Eobert Heaton Ehodes, are contracts invalid and incapable of being enforced without the assistance of this honourable Court, by reason of their having been respectively made not in accordance with the requirements of the statutes then in force (but now repealed) regulating the sales of the said interests in the said block. 2. It is further declared that the said several contracts are contracts which, irrespective of form, had they been made between Europeans, touching and concerning lands held under Crown grant, would have been valid and binding contracts capable of being enforced in the Supreme Court. 3. It is further declared that the said several contracts were not in any respect contrary to equity and good conscience. 4. It is further declared that the said several contracts were fully and perfectly understood at the time they were entered into by the contracting parties, and were fair contracts for reasonably sufficient and lawful considerations at the time and under the circumstances in which they were made. 5. It is now ordered and decreed that the said Edward Circuit Latter and Harry Joseph Beswick shall be entitled to an estate of fee-simple in possession, free from all encumbrances, in all that parcel of land, containing by admeasurement 322 acres, more or less, situated in the Mata and Hikurangi Survey Districts, and known as the Eangikohua No. 8 Block, as the same is delineated on the plan drawn hereon, edged red. And it is further ordered and decreed that all other titles to the said parcel of land known as Eangikohua No. 8 Block shall be henceforth void, destroyed, and of none effect , and it is declared that the certificate of title issued by the District Land Eegistrar of Hawke's Bay under the provisions of the Land Transfer Act to the said Native owners shall be cancelled and deemed as of none effect, and that a certificate of title under the provisions of the said Land Transfer Act be issued in favour of the said applicants, Edward Circuit Latter and Harry Joseph Beswick, therefor Leave is hereby reserved for the said applicants to move for any further or other decree in the premises. Witness the hand of his Honour George Elliott Barton, Esquire, Judge, and the seal of the said Validation Court, this 11th day of September, 1894. G. E. Barton Judge.
RANGIKOHUA No. 3 BLOCK. In the Validation Covet at Gisborne. In the application of Edward Circuit Latter and Harry Joseph Beswick, both of Christchurch, trustees of the estate of Eobert Heaton Ehodes, deceased, for validation of 103 contracts for sale of freehold interests in the Eangikohua No. 3 Block, situate in the Gisborne Native Land Court District, and within the jurisdiction of the Validation Court sitting at Gisborne.
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Wednesday, the 12th Day of September, 1894. Upon reading the application aforesaid of the said Edward Circuit Latter and Harry Joseph Beswick, filed in this honourable Court, and upon proof of service thereof upon the objectors named in the said application, and upon hearing the evidence adduced before the Court by all parties appearing before it, and upon reading the several documents exhibited in evidence, and upon hearing Mr. Finn, of counsel for the said applicant, this Court doth declare, order and decree as follows: — 1. It is declared that the several contracts for sale to Eobert Heaton Ehodes, of Christchurch, Esquire (now deceased) made by the following persons, owners in the said Eangikohua No. 3 Block Tuta Nihoniho, Maraki Tautuhi, Erueti Eera, Himiona Hohua, Pekama Pahuru, Maraea Tauoha, Eruera Pirita, Eaniera Tuhua, Hate Taituha, Mokera Horua, Mere Whariki, Hamiora Ngarimu, Harata Taiheke, Herewiri Hori, Mere Nihoniho, Heri Nohoaka, Miria Whakaiti, Maraea Kahu, Te Eana Pakau, Iritana Iriwaho, Makere Taiaha Peti Waiariki, Eeupena Torea, Araru te Kahaki, Wi Pewhairangi, Hone Heke, Wiremu Tuhura, Erara Tuhura, Hira Whaikapakapa Horomona Hapai, Pekama Waiti, Hare Maruata, Mere Euawahirie, Puie Tipuna, Eruera Kupenga, Aperara Tatua, Nepia Hurikara, Wiremu Taiaha, Wi te Eure, Mokera Kahu, Eenata Hape, lehu Haki, Eruera Ariari, Hekiera Tuterangi, Hera Ngawati (successor to Hemi Awariu), Hare Paraone, Hone Poihakena, Tuta te Qa, Eeupene te Aua, Auaru Ngauru Pekama Tuha, Heni Taiaha, Hori te Eangikamatao, Himiona Tiwhatiwha,, Mere Arihi Ngarigira, Iritana Kakano, Pita Horuhoru, Te Wharau Taitua, Hamiora Houkamau, Perenata Kaiwi, Hekiera Taurare, Hoterere Karaka, Wiremu Tuhoro, Maraea Ngaki, Eoka te Whataaruhe, Eaiha Putotu, Pipi Taweka, Pita Eongo, Wi Patai, Koroniria Wehenga, Hohepa Eairi, Hara Maraea, Pohoi Tieki, Peta Tamahori, Eparamia Uruika, Herewiui Waitatari, Wiremu Ngaupuku, Hetekia Waimotu, Harara Tangiawha, Henare TuaLai, Eenata Mahemahe, Miriama Tihore, Pare Tatua, Kereama Tamararo, Wiremu Tohi, Himi Ngatai, Hori Waiti, Hemi te Kahurangi, Mereana Okeoke. Hiria Hokianga, Manahi Kaeha, Hati Houkamau, Tuta Ngarimu, Makere Ngangira, Tamati te Ota, Hori Peita, Hekiera Tataikoko, Eaiha Kakupaea, Hunia Karaka, Eiria Eehua, Eatimira Puni, Kiore Whatiria, Tamati Puni—for the sale of their respective freehold interests in the said Eangikohua No. 3 Block to the said Eobert Heaton Ehodes, are contracts invalid and incapable of being enforced without the assistance of this honourable Court, by reason of their having been respectively made not in accordance with the requirements of the statutes then in force (but now repealed) regulating the sales of the said interests in the said block. 2. It is further declared that the said several contracts are contracts which, irrespective of form, had they been made between Europeans, touching and concerning lands held under Crown grant, would have been valid and binding contracts capable of being enforced in the Supreme Court. 3. It is further declared that the said several contracts were not in any respect contrary to equity and good conscience. 4. It is further declared that the said several contracts were fully and perfectly understood at the time they were entered into by the contracting parties, and were fair contracts for reasonably sufficient and lawful considerations at the time and under the circumstances in which they were made. 5. It is now ordered and decreed that the said Edward Circuit Latter and Harry Joseph Beswick shall be entitled to an estate of fee-simple in possession, free from all encumbrances, in all that parcel of land containing by admeasurement 2,899 acres, more or less, situated in the Mata and Hikurangi Survey Districts, and known as the Eangikohua No. 7 Block, as the same is delineated on the plan drawn hereon, edged red. And it is further ordered and decreed that all other titles to the said parcel of land known as Eangikohua No. 7 Block shall be henceforth void, destroyed, and of none effect and it is declared that the certificate of title issued by the District Land Eegistrar of Hawke's Bay under the provisions of the Land Transfer Act to the said Native owners shall be cancelled and deemed as of none effect, and that a certificate of title under the provisions of the said Land Transfer Act be issued in favour of the said applicants, Edward Circuit Latter and Harry Joseph Beswick, therefor Leave is hereby reserved for the said applicants to move for any further or other decree in the premises. Witness the hand of his Honour George Elliott Barton, Esquire, Judge, and the seal of the said Validation Court, this 12th day of September, 1894. G E. Barton, Judge.
WHAKAMARUTUNA BLOCK. In the Validation Court at Gisboene In the application of Edward Circuit Latter and Harry Joseph Beswick, both of Christchurch, trustees of the estate of Eobert Heaton Ehodes (deceased), for validation of eighty contracts for sale of freehold interests in the Whakainarutuna Block, situate in the Gisborne Native Land Court District, and within the juisdiction of the Validation Court sitting at Gisborne. Wednesday, the 12th Day of Septembee, 1894. Upon reading the application aforesaid of the said Edward Circuit Latter and Harry Joseph Beswick, filed in this honourable Court, and upon proof of the service thereof upon the objectors named in the said application, and upon hearing the evidence adduced before the Court by all the parties appearing before it, and upon reading the several documents exhibited in evidence, and upon hearing Mr Finn, of counsel for the said applicants, this Court doth declare, and order, and decree as follows :—
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1. It is declared that the several contracts for "sale to Eobert Heaton Ehodes, of Christchurch, Esquire (now deceased), made by the following persons, owners in the said Whakamarutuna Block —Hekiera Tataikoko, Horomona Hapai, Wild te Piri, Eeihana Katua, Tuta Nihoniho, Matui te Eango, Maraki Tautuhi, Haira te Eango, Makere te Hau, Piniha Pahau, Eitihia Euinui, Hare Paraone, Taruhira Whaaki, Hamiora Katia, Paranihi Tipare, Matiri Huroa, Hakopa Tipaata, Tamati te Ohaere, Hana Horuhoru, Hare Pikoi, Arapera te Eeo, Watene Ketua, Pirihira Materoa, Hekiera Tuhou, Piripi Puoho, Hone Poi, Eiria Katua, Eahera Whariki, Wi te Hau, Te Eina Kauri, Mere Euawahine, Euiha Eangiakina, Ihaka Maika, Anaru Teretere, Harete Ueue, Maora Puke, Maraea Ketua, Paora Kahu, Miriama Oria, Eru Tokara, Mere Karaka Herehere, Marara Tahuka, Hira Whanautana, Fiona Taewa, Hira Tamihere, Patara Tuau, Pita Timotimo, Wirihana Pahou, Eahera Pahou, Winiata Taniwha, Eipeka Maiwera, Hekiera te Oka, Mere Moana, Heni Haere, Piniha Tamaauahi, Miria Tipuna, Akaripa Hoti, Mereana fee Piri, Hirini Pehu, Mere Tuhou, Hoani Pari, Ngaperu, Eeupene Tiera, Eoka Wahawaha, Tuta Tamati, Hariata Parekaahu, Kereama Matehe, Hone Hehe, Makere Timotimo, Meri Whariki, Heni Nohowaka, Eenata Hape, Erana Kahina, Eruera Potaka, Pekama Pahuru, Eruera Ariari, Wi Pewhairangi, Eiria Kowhai, Peti Poihakena, Erana Waipapa—for the sale of their respective freehold interests in the said Whakamarutuna Block to the said Eobert Heaton Ehodes, are contracts invalid and incapable of being enforced without the assistance of this honourable Court, by reason of their having been respectively made not in accordance with the requirements of the statutes then in force (but now repealed) regulating the sale of the said interests in the said block. 2. It is further declared that the said several contracts are contracts which, irrespective of form, had they been made between Europeans, touching and concerning lands held under Crown grant, would have been valid and binding contracts capable of being enforced in the Supreme Court. 3. It is further declared that the said several contracts were not in any respect contrary to equity and good conscience. 4. It is further declared that the said several contracts were fully and perfectly understood at the time they were entered into by the contracting parties, and were fair contracts for reasonably sufficient and lawful considerations at the time and under the circumstances in which they were made. 5. It is now ordered and decreed that the said Edward Circuit Latter and Harry Joseph Beswick shall be entitled to an estate of fee-simple in possession, free from all encumbrances, in all that parcel of land containing by admeasurement 990 acres, more or less, situated in the Hikurangi Survey District, and known as Whakamarutuna No. 2 Block, as the same is delineated on the plan drawn hereon, edged red and it is further ordered and decreed that all other titles to the said parcel of land known as Whakamarutuna No. 2 Block shall be henceforth void, destroyed, and of none effect and it is declared that the certificate of title issued by the District Land Eegistrar of Hawke's Bay under the provisions of the Land Transfer Act to the said Native owners shall be cancelled and deemed as of none effect, and that a certificate of title under the provisions of the said Land Transfer Act be issued in favour of the said applicants, Edward Circuit Latter and Harry Joseph Beswick, therefor Leave is hereby reserved for the said applicants to move for any further or other decree in the premises. Witness the hand of his Honour George Elliott Barton, Esquire, Judge, and the seal of the said Validation Court, this 12th day of September 1894. G. E. Barton, Judge.
WHAREKOPAE No. 1b 2. In the Validation Court, holden at Gisborne. In the matter of the application of Thomas Charles Williamson,'James Douglas Williamson, both of Auckland, gentlemen, and Sydney Williamson, of Ngatapa, gentleman, executors under the will of the Honourable James Williamson, M.L.C., deceased, late of Auckland, claiming validation of certain contracts for sale of the freehold in certain shares and interests of Natives in Wharekopae No. 1 and Wharekopae No. 1b Blocks, which estates, shares, and interests are all comprised in all that portion of the aforesaid lands now known as Wharekopae No. 1b 2. Upon reading the application filed herein, and upon hearing Mr De Lautour, of counsel for the applicants, and the evidence adduced on their behalf and no objectors appearing and it having been shown to the satisfaction of the Court that the notices to objectors had been duly served according to the practice of the Court, and that the several contracts, invalid under the provisions of statutes now repealed, and purporting to effect alienations of the freehold of the several estates, shares, and interests of the several Native owners in the lands the subject of the said several contracts, were contracts which, had they been marie between Europeans concerning lands held under Crown grant, would have been valid and binding contracts not contrary to equity and good conscience, fully and perfectly understood at the time they were entered into by the contracting parties, and fair contracts for a reasonably sufficient and lawful consideration at the time and under the circumstances in which they were made ; it is hereby declared and decreed that the several contracts hereunder mentioned—that is to say, (1.) Conveyance, 30th September, 1882, of an undivided freehold interest in Wharekopae No. I to Pimia Aata Wikitoria te Haka. (2.) Conveyance, 9th December, 1882, of undivided freehold interests in Wharekopae No. Ito Charles William Ferris Pohoi, Hare Matenga (as a successor to Hine Whakamaua) Tapita Iretoro, Mere Hake, Heni Haua, Eawinia Ahuroa, Pimia Aata (as purchaser from Wikitoria te Haka), Keita Eangiwhaitiri, Mere Hare, Hare Kopakopa, Pimia Aata, Hera te Eakitai, Ereti te Eaihe, Kataraina Whati-
G.—2.
whati (as successor to one-half share of Peniamine) Nohoparae, Arihia Kotiti (as successor to Heni Taua or Hokopu), LTaromi Mokena, Hohepa Kota, Anaru Matete, Te Ao Pakurangi, Peti Karaitiana, Te Ao Pakurangi (as successor to one-fourth share of Paranihi Pouretua) (3.) Memorandum of transfer of 30th December, 1884, of an undivided freehold interest in Wharekopae No. 1b to Auckland Agricultural Company (Limited) Harata Haumapuhia. (4.) Memorandum of transfer of 27th June, 1884, of undivided freehold interest in Wharekopae No. 1b to Auckland Agricultural Company (Limited) Hiraina Poaru, Hera Porakau, Eanapia te Amoriro (successors severally to one-fourth share of Paranihi Pouretua) (5. Memorandum of transfer, 3rd July, 1884, of an undivided freehold interest in Wharekopae No. 1b to Auckland Agricultural Company (Limited) Hata Waingaruru. (6.) Memorandum of transfer, 10th October, 1884, of an undivided freehold interest in Wharekopae No. 1b Wiremu Iretoro— to the Auckland Agricultural Company (Limited) ought to be carried out and duly performed And whereas it was, amongst other things, proved to the satisfaction of the Court that the Native Land Court, on the 14th day of October, 1887, made a partition of the Wharekopae No. 1b Block, and awarded, in satisfaction of the sales of the aforesaid undivided estates, shares, and interests of the aforesaid Native vendors, one parcel of the said block Wharekopae No. 1b to the Auckland Agricultural Company (Limited), being the subdivision known as Wharekopae No. 1b 2, containing 3,067 acres 2 roods 16 perches, more or less And whereas it is alleged that the said order for partition in favour of the said Auckland Agricultural Company (Limited) is invalid, and cannot be registered, for the technical reason that the Crown grant issued upon the order of partition i for the Wharekopae No. 1b Block bears date subsequent to—although, in fact, it was made prior to— the date of the said order of partition for Wharekopae No. 1b 2 Block aforesaid, and that the aforesaid contracts purporting to alienate the shares of the Native vendors awarded to the said Auckland Agricultural Company (Limited) were not made in accordance with the requirements of the statutes in force (but now repealed) at the time the said contracts were entered into by such Native vendors : And whereas the Court is satisfied that the said order made by the Native Land Court on the 14th day of October, 1887, as aforesaid to the Auckland Agricultural Company (Limited) should, notwithstanding its alleged invalidity be given effect to : And whereas it was further duly proved that the applicants Thomas Charles Williamson, James Douglas Williamson, and Sydney Williamson are now entitled to the freehold estate and interest, free from encumbrances, in the whole of the Wharekopae No. Ib 2 Block aforesaid The Court doth further order and decree that the piece or parcel of land known as the Wharekopae No. 1b 2, being the parcel more particularly delineated upon the plan drawn hereon, shall vest in the said Thomas Charles Williamson, James Douglas Williamson, and Sydney Williamson, as executors in the estate of the Honourable James Williamson, M.L.C., late of Auckland, deceased, for an estate in fee-simple free from encumbrances. And it is hereby further ordered and decreed that all other rights, titles, and interests whatsoever to the said Wharekopae No. 1b Block, or any part thereof, whether vested in the said Thomas Charles Williamson, James Douglas Williamson, and Sydney Williamson, or any of them, or in any other person or persons whomsoever, under any deed, certificate of title, contract, Native Land Court order, or otherwise howsoever, are hereby cancelled and declared henceforth void and of none effect in respect of the said Wharekopae No. 1b 2. And it is directed that the registration thereof respectively in any public office or place of registration shall be cancelled in respect of the said Wharekopae No. IB 2. And it is hereby ordered that in lieu of all said rights, titles, and interests a certificate of title to the said lands described as the Wharekopae No. 1b 2 for an estate in fee-simple, free from encumbrances, shall be issued by the proper officer of the Land Transfer Department to the said Thomas Charles Williamson, James Douglas Williamson, and Sydney Williamson, according to the course and practice of that department, and in the manner required by " The Native Land (Validation of Titles) Act, 1893," and by this decree. Witness the hand of his Honour George Elliott Barton, Esquire, Judge, and the seal of the said Validation Court, this twenty-fifth day of June, 1894. G. E. Barton, Judge.
WHAREKOPAE No. 2 BLOCK. In the Validation Court at Gisborne. In the application of Thomas Charles Williamson, James Douglas Williamson, both of Auckland, gentlemen, and Sydney Williamson, of Ngatapa, gentleman, executors under the will of the Hon. James Williamson, M.L.C., deceased, late of Auckland, claiming validation of eleven contracts for sale of the freehold in certain undivided shares and interests of Natives in Wharekopae No. 2 Block and in the application of the aforesaid applicants and of the non-settlers, Native owners in the said block, for a partition thereof, and for other purposes. Thursday, the 9th Day of August, 1894. Upon reading the application filed herein and upon due proof of service thereof upon the objectors named in the said application and upon reading the documents exhibited, and hearing the evidence adduced before the Court and upon hearing Mr..De Lautour, of counsel for the applicants ; and upon hearing Peti Morete, an owner in the said block, and upon hearing Peka Kerekere, as conductor for the non-selling owners in the said Wharekopae No. 2 Block and upon reading the consents to subdivision of Arihia Kotiti, Paku Paraone, and Harata Euatapu, and the consent to subdivision of Peka Kerekere, the Court doth hereby order, declare, and decree as follows :— 1. It is declared that the several contracts made by the following Native owners in the said Wharekopae No. 2 Block—that is to say, Ereti te Eaihe, Tawaho Kerekere, Pimia Aata, Keita Eangiwhaitiri, Peti Aata, Mere Hare, Harata Haumapuhia, Whio Mataitai, Heni Kouka, Mere
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Wiri (otherwise Mere Bloomfield), and Pere Morete—for the sale of their respective freehold interests in the said Wharekopae No. 2 Block, are contracts invalid and incapable of being enforced without the assistance of this honourable Court, by reason of their having been respectively made not in accordance with the requirements of the statutes then in force (but now repealed) regulating the sales of the said interests in the said block. 2. It is further declared that the said several contracts are contracts which, irrespective of form, had they been made between Europeans, concerning lands held under Crown grant, would have been valid and binding contracts capable of being enforced in the Supreme Court. 3. It is further declared that the said contracts were not in any respect contrary to equity and good conscience. 4. It is further declared that the said several contracts were fully and perfectly understood at the time they were entered into by the contracting parties, and were fair contracts for reasonably sufficient and lawful considerations at the time and under the circumstances under which they were made. 5. It is hereby ordered and decreed that the said applicants, Thomas Charles Williamson, James Douglas Williamson, and Sydney Williamson, are entitled to an estate in fee-simple in possession, free from encumbrances, in a block of 2,174 acres, more or less, part of the said Wharekopae No. 2 Block (to be hereafter known as Wharekopae No. 2a Block), bounded and described as follows Starting from a peg marked 4, on the south-east corner of block , from thence in a southwesterly direction by a straight line to the east bank of the Makaretu Stream, a distance of 225 links, thence on the south and west by the north and east bank of the Makaretu Stream, to a peg marked "A " from thence, on the north-west by two straight lines, to a peg marked " F," a distance of 14195-7 links, and being bounded by Pastoral Eun 47 , thence on the north-east by two straight lines a distance of 10035-6 links, to a peg marked " la," and being bounded by the Wharekopae No. 2b Block , thence on the south-east by Hihirowa Stream to a peg marked " Ib," and by two straight lines, a distance of 15519-8 links, to the starting-point, and being bounded by Okahuatiu No. 1 which said parcel of land is shown on the plan indorsed hereon, and thereon edged with red lines to hold the said parcel of land to the said applicants, their heirs and assigns, upon the trusts and for the ends, interests, and purposes set forth in the will of the Hon. James Williamson, M.L.C. deceased, probate whereof was granted by the Supreme Court of New Zealand on the 29th day of March, 1888, to Thomas Charles Williamson, James Douglas Williamson, and Sydney Williamson. 6. It is further ordered and decreed that all other titles to said parcel of land known as Wharekopae No. 2a, above particularly described, shall henceforth be void and none effect in so far as they affect the said Wharekopae No. 2a Block, whether the same titles be now vested in the said applicants or in any other person whomsoever and that the registration of all the said other titles shall be cancelled and of none effect in so far as regards the said Wharekopae No. 2a Block. Witness the hand of his Honour George Elliott Barton, Esquire, Judge, and the seal of the said Validation Court. G. E. Baeton, Judge.
WHAREKOPAE No. 2 BLOCK. In the Validation Court, Gisborne. In the application of Thomas Charles Williamson, James Douglas Williamson, and Sydney Williamson for validation of eleven contracts for sale of the freehold in certain undivided interests of Native owners in Wharekopae No. 2 Block, and in the application of the aforesaid applicants and of the non-selling Native owners in the said block for a partition thereof, and for other purposes. Thursday, the 9th Day of August, 1894. Upon reading the application filed herein, and upon due proof of service thereof upon the objectors named in the said application, and upon reading the documents exhibited and hearing the evidence adduced before the Court, and upon hearing Mr De Lautour, of counsel for the said applicants , and upon hearing Peti Moreti, an owner in said block; and upon hearing Peka Kerekere, as conductor for the non-selling owners , and upon reading the consents of Arihia Kotiti, Paku Paraone, and Harata Euatapu, this Court doth hereby order, declare, and decree as follows :— 1. That the said Wharekopae No. 2 Block shall be divided into two blocks. One shall be henceforth known as the Wharekopae No. 2a Block, and shall consist of 2,174 acres, more or less, to be the property of the Europeans named in a decree bearing even date herewith, and made by this honourable Court on the 9th August, 1894. The other shall be known as the Wharekopae No. 2b Block, and shall consist of 1,260 acres, more or less, described as follows Starting from peg (1) on the Hihiroroa Stream, thence on the south-west by two straight lines a distance of 10035-6 links, and being bounded by Wharekopae No. 2a , thence on the north-west by a straight line a distance of 7481 links, and being bounded by Pastoral Eun 47, thence on the north-east by a straight line, 13101-6 links, to the Hihiroroa Stream, and being bounded by Pastoral Eun 47, thence on the south-east by the Hihiroroa Stream to the starting-point, anct being bounded by Okahuatiu No. 1 Block which said parcel of land is shown on the plan indorsed hereon, and is thereon edged with blue lines. 2. It is hereby declared that the following Native persons (or the successors of such of them as are deceased) are the owners of an undivided estate in fee-simple in possession, free from encumbrances, as tenants in common, in equal shares of 210 acres, more or less, in the said Wharekopae No. 2 Block, of 3,434 acres, more or less Katerina Takawhaki, Heni Tawa (deceased, her successor when appointed by the Native Land Court), Hine Matioro, Heta te Kani (male, 20 years on 13th January, 1894, the successor of Marara te Kani), Eiria Mauaranui, and Peti Moreti. 3. It is further ordered that the ownership of the aforesaid Native owners of the said Wharekopae No. 2b Block shall be free from all restrictions on the same, whether against sale, lease, or 4—G 2.
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otherwise howsoever, and shall be held by said Native owners as their own absolute freehold property, anything in any previous right, title, or interest notwithstanding. 4. It is further ordered that all other and previous titles to said parcel of land known as Wharekopae No. 2b, above particularly described, shall henceforth be void and of none effect in so far as they affect the said Wharekopae No. 2b Block, whether the same titles be now vested in the aforesaid Native owners or in any other persons, and that the registration of all the said other titles shall be cancelled and of none effect in so far as regards the said Wharekopae No. 2b Block. Witness the hand of his Honour George Elliott Barton, Esquire, Judge, and the seal of the said Validation Court. G. E Barton, Judge.
KOURATEUWHI No. 2 BLOCK. In the Validation Court at Gisborne. In the application of Andrew Eeeves for the validation of sixteen contracts for sale of freehold interests in the Kourateuwhi No. 2 Block, situated in the Gisborne Native Land Court District, and within the jurisdiction of the Validation Court sitting at Gisborne. Saturday, the 7th Day of July, 1894. Upon reading the application aforesaid of the said Andrew Eeeves, filed in this Court, and upon proof of due service thereof upon the objectors named and upon hearing the evidence adduced before the Court at the hearing of said application and upon reading the several documents exhibited in evidence before the Court; and upon hearing Mr Nolan, of counsel for the said applicant, and upon hearing Aterea Mokai and Hame Kirimana, objectors, it is declared and decreed as follows :— 1. It is declared that the several contracts made by the following persons, owners in the said Kourateuwhi No. 2 Block —namely, Hori Mokai, Karauria Pahura, Arapera Pahura, Ani Kirimana, Kihi Tupara, Hori Mokoera, Hohepa Pere or Tue, Hiria Euihaunga, Eaiha Kakahupaea, Harata Makuru, Aterea Mokai, Hera Keru, Pera Kapotaiaha, Karma Haua, Harawira Karaha, Tamati Plautapu—for the sale of freehold interests to the said Andrew Eeeves, free from all encumbrances, are contracts invalid and incapable of being enforced without the assistance of this honourable Court, by reason of their having respectively been made not in accordance with the requirements of the statutes then in force (but now r repealed) regulating the sales of the said interests in the said block. 2. It is further declared that the several contracts are contracts which, irrespective of form, and had they been made between Europeans, concerning lands held under Crown grant, would have been valid and binding contracts capable of being enforced in the Supreme Court. 3. It is further declared that said several contracts were not in any respect contrary to equity and good conscience. 4. It is further declared that the said contracts were fully and perfectly understood at the time they were respectively entered into by the contracting parties, and were fair contracts for reasonably sufficient and lawful considerations at the time and under the circumstances in which they were made. 5. And it is hereby decreed that the said Andrew Eeeves is now entitled to all the right, title, and interest, property, claim, and demand whatsoever of the said above-named vendors in the said Kourateuwhi No. 2 Block in respect of the shares so sold to him by them. And whereas no partition has been made between the said vendors and the remaining owners of the said block who have not parted with their interests therein And whereas all parties have requested this honourable Court to order a partition to be made by the Native Land Court in pursuance of the 24th section of " The Native Land (Validation of Titles) Act, 1893 " Now, therefore, it is hereby directed that the land to be apportioned for the shares and interests so purchased as aforesaid by the said Andrew Eeeves shall be ascertained in the Native Land Court according to the requirements of said section 24 and the course and practice of the said Native Land Court, and upon due ascertainment thereof by the said Native Land Court such further decree shall be made by this honourable Court as shall be just. And meantime leave is reserved for all parties to make to this Court such application as may be deemed necessary Witness the hand of his Honour George Elliott Barton, Esquire, and the seal of the said Validation Court, this 7th day of July, 1894. G. E. Barton, Judge.
WHAREKAKA BLOCK. In the Validation Court at Gisboene. In the application of Andrew Eeeves for the validation of eleven contracts for sale of freehold interests in the Wharekaka Block, situated in the Gisborne Native Land Court District, and within the jurisdiction of the Validation Court sitting at Gisborne. Thursday, the sth Day of July, 1894. Upon reading the application aforesaid of the said Andrew Eeeves, filed in this Court, and upon proof of due service thereof upon the objectors named, and upon hearing the evidence adduced before the Court at the hearing of the said application, and upon reading the several documents exhibited in evidence before the Court, and upon hearing Mr Nolan, of counsel for applicant, and upon hearing Mr. Gould, of counsel for the successors of Tamati Hautapu, and also of counsel for Honiana Tautau, it is declared and decreed as follows:— 1. It is declared that the several contracts made by the following persons, owners in the said Wharekaka Block—namely, Hami Eakaitapu, Pere Eakaitapu, Henare Puhipuhi or Henare Pei, Watarawi Eangi, Arapeta Eangiuia, Eeweti Eangi, Eaniera Turoa, Mokena Huatau, Honiana Tautau, Hare Huatau, Tamati Hautapu—for the sale of freehold interests to the said Andrew Eeeves, free
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from all encumbrances, are contracts invalid and incapable of being enforced without the assistance of this honourable Court, by reason of their having been made respectively not in accordance with the requirements of the statutes then in force (but since repealed) regulating the sale of the said interests in the said block. 2. It is further declared that the said several contracts are contracts which irrespective of form, and had they been made between Europeans, concerning lands held under Crown grant, would have been valid and binding contracts capable of being enforced in the Supreme Court. 3. It is further declared that said several contracts were not in any respect contrary to equity and good conscience. 4. It is further declared that the said contracts were fully and perfectly understood at the time they were respectively entered into by the contracting parties, and were fair contracts for reasonably sufficient and lawful considerations at the time and under the circumstances in which they were made. 5 And it is hereby decreed that the said Andrew Eeeves is now entitled to all the right, title, and interest, property claim, and demand whatsoever of the said above-named several vendors in the said Wharekaka Block in respect of the shares so sold to him by them. And whereas no partition has been made between the said vendors and the remaining owners of the said block who have not parted with their interests therein and whereas all parties have requested this honourable Court to order a partition to be made thereof by the Native Land Court in pursuance of the 24th. section of 'The Native Land (Validation of Titles) Act, 1893"- Now, therefore, it is hereby directed that the land to be apportioned for the shares and interests so purchased as aforesaid by the said Andrew Eeeves shall be ascertained in the Native Land Court according to the requirements of the said section 24, and the course and practice of the said Native Land Court, and upon due ascertainment thereof by the said Native Land Court such further decree shall be made by this honourable Court as shall be just, and meantime leave is reserved for all parties to make to this Court such application as may be deemed necessary Witness the hand of his Honour George Elliott Barton, Esquire, and the seal of the said Validation Court, this sth day of July, 1894. G E. Barton, Judge.
TAOROA block. In the Validation Court at Gisborne. In the application, of William Fownes Somerville and Arthur Fownes Somerville for the validation of seventy-three contracts for sale of freehold interests in the Taoroa Block, situated in the Gisborne Native Land Court District, and within the jurisdiction of the Validation Court sitting at Gisborne. Tuesday, the 18th Day of September, 1894. Upon reading the application aforesaid of the said William Fownes Somerville and Arthur Fownes Somerville, filed in this honourable Court, and upon proof of the service thereof .upon the objectors named and upon hearing the evidence adduced before the Court at the hearing of the said application , and upon reading the several documents exhibited in evidence before the Court, and upon hearing Mr Nolan, of counsel for the applicants'; and upon hearing Hone Hehe, an objector, a nonseller in. the said block, it is declared and decreed as follows:— 1. It is declared that the several contracts made by the following persons, owners in the said Taoroa Block—namely Horiana Auriri, Honiana Auriri, Mere Taihi, Popata Pikiuha, Tamati Tawhiri, Tuihana Kaporo, Erueti Hauraki, Henare Turiri, Harata Kauki, Te Eana te Ao, Mere Karaka te Ao, Mereana Nihoniho, Peta Hori, Mere te Moana, Eiwai Tauranga, Harete Whakauru, Eaiha Kaiwaru, Erueti Wharekura, Te Hira Waikapakapa, Here Waimanuka, Paratene Tatai, Irihapeti Eu, Tepora Panuku, Eiria Pirikowhai, Kararaina Ketua, Anaru te Kahaki, Peta Kaware, Nopera Eongo, Hoani te Kahaki, Mere Karaka Eena, Tamati Ngakaho, Hera Ngakaho, Karauria Kauri, Wiremu Turehu, Eenata Nuke, Winiata Taniwha, Hori Tuhere, Wi Pahau, Eruera Ariari, Eeupena Turiri, lehu Flaki, Wiki Topa, Hamiora Ngarimu, Mere Tauiwi, Eenata Mauhana, Eeupena Torea, Marara Poki (as successor to one-fifth of the share of Erena Kehe), Eitihia Patupona, Eaiha Putoto, Perenata Kaiwi, Mere Kopua, Tuihana Hapai, Horomona te Hui, Pita Horuhoru, Katarina Hutia, Eora Hori, Pekama Tuha, Mokena Eomio, Te Koro te Wai, Eaiha Kahu, Eoka te Whataaruhe, Wi Pewhairangi, Peti Wahakin.o, Maraki Tautuhi, Marara Poki, Harata Taheke, Eruera Kauri, Eawiri W T aikare, Te Eina Kauri, Apirana Tatua, Hare Maruata, Hirini Teneti, Iritana Iriwaho—for the sale of freehold interests to the said William Fownes Somerville and to one William Sydney Flarrington Haig, as tenants in common, free from all encumbrances, are contracts invalid and incapable of being enforced without the assistance of this honourable Court, by reason of their having been made respectively not in accordance with the requirements of the statutes then in force (but since repealed) regulating the sale of the said interests in the said block. 2. It is further declared that the said several contracts are contracts which, irrespective of form, and had they been made between Europeans, concerning lands held under Crown grant, would have been valid and binding contracts capable of being enforced in the Supreme Court. 3. It is further declared that the said several contracts were not in any respect contrary to equity and good conscience. 4. It is further declared that the said several contracts were fully and perfectly understood at the times they were respectively entered into by the contracting parties, and were fair contracts for reasonably sufficient and lawful considerations at the times and under the circumstances in which they were respectively made.
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And whereas by divers mesne assignments proved to the satisfaction of the Court at the hearing of the said application all the right, title, and interest of the said William Fownes Somerville and the said William Sydney Harrington Haig are now vested in the said William Fownes Somerville and Arthur Fownes Somerville. Now, therefore, it is hereby decreed that the said William Fownes Somerville and Arthur Fownes Somerville are now entitled to all the right, title, and interest, property claim, and demand whatsoever of the said above-named several vendors in the said Taoroa Block in respect of the shares so sold to the said William Fownes Somerville and William Sydney Harrington Haig. And whereas no partition has been made between the said vendors and the remaining owners of the said block, who have not parted with their interests therein And whereas all parties represented before the Court have requested this honourable Court to order a partition to be made of the said Taoroa Block by the Native Land Court, in pursuance of the 24th section of " The Native Land (Validation of Titles) Act, 1893." Now therefore, it is hereby directed that the land to be apportioned for the shares and interests so purchased as aforesaid by the said William Fownes Somerville and William Sydney Harrington Haig, and hereby decreed to belong to the said William Fownes Somerville and Arthur Fownes Somerville, shall be ascertained in the Native Land Court according to the requirements of the said section 24 and the course and practice of the said Native Land Court And upon the ascertainment thereof by the said Native Land Court such further decree shall be made by this honourable Court as shall be just And meantime leave is reserved for all parties to make to this Court such application as may be deemed necessary Witness the hand of George Elliott Barton, Esquire, Judge of the said Validation Court, and the seal of the said Validation Court, this 18th day of September, 1894. G E. Barton, Judge.
IHUNUI BLOCK No. 3. In the Validation Covet, holden at Gisboene. In the application of Andrew Eeeves for the validation of six contracts for sale of undivided freehold interests in the Ihunui Block, situated in the Gisborne Native Land Court District, and within the jurisdiction of the Validation Court sitting at Gisborne, and in the application of William Frederic Hale for validation of a contract for sale of one equal undivided half-share —a freehold interest—of Wi Kingi Hori in the said block, and in the application of Timi Moriti and Wi Paraone, claiming as executors of the will of Hirini Haereone, a non-seller, deceased, owner in the said block, for a partition between them and the other owners of the said block. Thursday, the 19th Day of July, 1894. Upon reading the application aforesaid of the said Andrew Eeeves, filed in this honourable Court and upon proof of due service thereof upon the objectors named and upon hearing the evidence adduced before the Court at the hearing of the said application and upon reading the several documents exhibited in evidence before the Court, and upon hearing Mr Nolan, of counsel for the said applicant the said Andrew Eeeves, and also of counsel for the said Timi Moriti and Wi Paraone, claiming as executors under the will of the said Hirini Haereone, and upon hearing William Frederic Hale, claiming one-half of the freehold undivided interest of Wi Kingi Hori, an owner in the said block; and upon proof of the service of notice of the said application of the said William Frederic Hale on the said Wi Kingi Hori, who failed to appear, it is declared and decreed as follows: — 1. It is declared that the several contracts for sale to the said applicant the said Andrew Eeeves made by the following persons, owners in the said Ihunui Block—namely, Heremia Taurewa, Karauria Pahura, Himiona te Kani, Eaniera Turoa, Arapeta Eangiuia, Wi Kingi Hori (halfshare) —for the sale of freehold interests to the said Andrew Eeeves, free from all encumbrances, and that the contract for sale to the said William Frederic Hale made by Wi Kingi Hori of his halfshare and freehold interest to the said William Frederic Hale, free from all encumbrances, are contracts invalid and incapable of being enforced without the assistance of this honourable Court, by reason of their having been respectively made not in accordance with the requirements of the statutes then in force (but now repealed) regulating the sales of the said interests in the said block. 2. It is further declared that the said several contracts hereinbefore mentioned are contracts which, irrespective of form, and had they been made between Europeans, concerning land held under Crown grant, would have been valid and binding contracts capable of being enforced in the Supreme Court. 3. It is further declared that the said several contracts were not in any respect contrary to equity and good conscience. 4. It is further declared that the said contracts w T ere fully and perfectly understood at the respective times they were respectively entered into by the contracting parties and were fair contracts for reasonably sufficient and lawful considerations at the respective times and under the circumstances in which they were made. And whereas it was agreed at the said application between the parties appearing before this honourable Court that the said block should be subdivided in the manner hereinafter mentioned—■ that is to say,— 1. That the parcel of land shown on the plan indorsed hereon, and thereon edged with red, and called Ihunui No. 1 Block, 58 acres, should be apportioned to the said Andrew Eeeves as his share of the said block in right of the aforesaid purchases.
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2. That the parcel of land shown on the said indorsed plan, and thereon edged with green, and called Ihunui No. 2 Block, 10 acres and 28 perches, should be apportioned to the said Timi Moriti and Wi Paraone as trustees of the said will of Hirini Haereone, and for the use of the cestids que trustent therein provided. 3. That the parcel of land shown on the said indorsed plan, and thereon edged with yellow, and called Ihunui No. 3 Block, 10 acres and 28 perches, should be apportioned to the said William Frederic Hale as his share of the said block, in right of his purchase of the said half-share of the said Wi Kingi Hori. Now, therefore, it is hereby ordered, declared, and decreed as follows:— 1. It is ordered that the said Ihunui No. 3 Block, containing 10 acres and 28 perches, more or less, being all that parcel of land containing by admeasurement 11 acres 2 roods, less 3 roods 14 perches, for roads situate in the Uawa Survey District, being subdivision 3 of the Ihunui Block, commencing at the northernmost corner of subdivision 3. Bounded on the north-east by Uawa No. 2, by a line bearing 140° 31', 434-6 links, to the Ihunui Stream, thence bounded on the north east by the Ihunui Stream to the south-east corner of subdivision 2 , thence bounded on the south-west by subdivision 2, by a line bearing 351° 12', 2215-4 links, to the Uawa Eiver, thence bounded on the north-west by the Uawa Eiver to the commencing-point (an approved plan whereof is indorsed hereon, edged yellow), shall be the property of the said William Frederic Hale, for an estate in fee-simple in possession, free from all encumbrances. And it is hereby further ordered that all other titles to the said land above particularly described as the Ihunui No. 3 Block shall be henceforth void and of none effect in so far as they affect the said Ihunui No. 3 Block, whether the same be vested in the said William Frederic Hale, or in any other person whomsoever, and that the registration of all said other titles shall be cancelled and made of none effect in so far as it affects the said Ihunui No. 3 Block, and it is declared that the said William Frederic Hale is entitled to a certificate of title under the said "Land Transfer Act, 1885, and its amendments, for the said Ihunui No. 3 Block, for an estate of inheritance in fee-simple, free from all encumbrances. Witness the hand of his Honour George Elliott Barton, Esquire, Judge, and the seal of the said Validation Court, this 19th day of July, 1894. G. E. Baeton, Judge.
PAREMATA No. 1 BLOCK. In the Validation Court at Gisboene. In the application of the Bank of New Zealand Estates Company (Limited) for validation of eighteen contracts, dated the 3rd of May, 1882, for purchase of freehold shares in the Paremata Block, at Tologa Bay, within the Native Land Court District of Gisborne , and also for validation of two contracts, both dated the 23rd of May, 1888, being the one an authority given by certain Natives to the New Zealand Native Land Settlement Company (Limited) to mortgage certain shares in Native lands (including said Paremata shares), and the other an agreement also given by certain Natives to the said New Zealand Native Land Settlement Company (Limited) to mortgage certain shares in Native lands (including said Paremata shares) for the advances named therein, and also for validation of a mortgage by the said New Zealand Native Land Settlement Company (Limited), dated the 3rd of July, 1888, to the Bank of New Zealand, made in pursuance of the said authority so given by said Natives. 2. And in the application for cross-relief (made from the bar) by the Honourable James Carroll and Wi Pere, as trustees for the owners of several Native lands (including the owners of the said Paremata shares, the contracts for sale whereof are so claimed to be validated as aforesaid), for validation of an agreement dated the 17th of February, 1892, between the applicants of the first part, William Lee Eees, solicitor of the second part, and the said Honourable James Carroll and Wi Pere of the third part, and for a declaration that the said James Carroll and Wi Pere are trustees for the Native owners of the said Paremata Block upon the terms of the said agreement of the 17th February, 1892. 3. And in the application for cross-relief (also made from the bar) by the Native owners of the said Paremata Block, both sellers and non-sellers, for specific performance (in case the aforesaid contracts, or any of them, should be enforced) of three several contracts or agreements—the first dated the 20th of April, 1888, between a certain committee of Native owners of the said Paremata Block and the said William Lee Eees, the second dated the 4th of May, 1888, made between the said Bank of New Zealand and the said William Lee Eees and Wi Pere and " the owners of Paremata who had agreed to transfer their land" to the New Zealand Native Land Settlement Company (Limited), and the third dated the Ist June, 1888, made between the said William Lee Eees and Wi Pere and the owners of certain lands contributed to the said New Zealand Native Land Settlement Company (Limited), including the said Paremata Block. Feiday, the 19th Day of Octobee, 1894. Upon reading the said application of the Bank of New Zealand Estates Company (Limited) filed herein and upon proof of service of notice thereof upon the objectors named therein and upon reading the agreement dated the 17th February 1892, whereon the application for crossrelief by the Honourable James Carroll and Wi Pere is founded, and upon reading the several agreements of the 20th of April, 1888, of the 4th of May, 1888, and of the Ist of June, 1888, whereon the application for cross-relief (in certain events only), made by the Natives of the whole Paremata Block (both sellers and non-sellers), is founded, and upon hearing the evidence
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given by or on behalf of all said parties, and upon reading the several documents exhibited in evidence before the Court, and upon hearing Mr George Hutchison and Mr Gully, of counsel for the Bank of New Zealand Estates Company (Limited) hereinafter called " the Estates Company "; and upon hearing Mr William Lee Eees, of counsel for the said Honourable James Carroll and Wi Pere, and upon hearing Mr Theophilus Cooper, of counsel for the Native owners of Paremata (both sellers and non-sellers), and upon hearing Mr H. J Finn, of counsel appearing for Herewaka Poata (but only appearing for her in so far as her interests are not identical with those of the other owners of the Paremata Block) and of counsel for Mr Henry Ho worth, solicitor, claiming a lien on documents in his possession (but produced in Court in this cause by arrangement with him) for costs due to him by owners of the said Paremata Block in certain legal proceedings taken by or on behalf of said owners against the said New Zealand Native Land Settlement Company (Limited), hereinafter called " the Land Company "; and upon hearing Mr. Lysnar, of counsel for Eawiri Karaha, an owner in the said Paremata Block (but only appearing for said Eawiri Karaha in so far as his interests are not identical with those of the other owners of the Paremata Block), and upon hearing Mr. Nolan, of counsel for the Official Assignee in Bankruptcy of the following Natives Eopiha Tamararo, Mihaera Koura, Eawiri Karaha (but only appearing for the Official Assignee in so far as his interests are not identical with those of the Native owners of the said Paremata Block), it is hereby ordered, declared, and decreed as follows : — 1. That the said above-mentioned contracts, dated the 3rd of May, 1882, for transfer of freehold interests to the Land Company and the said above-mentioned two contracts dated the 23rd of May, 1888, and the said above-mentioned contract for mortgage dated the 3rd of July 1888, are all of them contracts invalid and incapable of being enforced without the assistance of this honourable Court by reason of the fact that they were respectively made not in accordance with the requirements of the statutes then in force (but now repealed) regulating the contracts of Europeans with Natives respecting the transfer of interests in their lands. 2. It is further declared that the said contracts are contracts which, irrespective of form, and had they been made between Europeans, concerning lands held under Crown grant, would have been valid and capable of being enforced in the Supreme Court. 3. It is further declared that the several contracts were not in any degree contrary to equity and good conscience. 4. It is further declared that the said several contracts were fully and perfectly understood at the time that they were entered into by the contracting parties, and were fair contracts for reasonably sufficient and lawful consideration at the time and under the circumstances in which they were made. 5. It is further declared and decreed that the said Honourable James Carroll and Wiremu Pere are entitled to an estate in fee-simple, free from encumbrance, except as hereunder described, in all that parcel of land situated in the Native Land Court District of Gisborne, and within the jurisdiction of this honourable Court, containing 7,176 acres, or thereabouts, being that portion of the said Paremata Block bounded as follows Commencing at a peg marked "I" on the sea-coast, at southern corner of Paremata Block, and bounded towards the south-west by subdivisions 2b, 3a, and 3b of the Tokomaru No. 1 Block and the Mangaheia No. 1 Block, 41837 links, on the north and west by the Paremata No. 1 Block, 13340-8 links, again on the north by the residue, about 6570 links, on the north-east by the Paremata No. 2 Block, about 4715-8 links, and again on the north and west by the residue, about 3830 links, to the Uawa Eiver, again on the north, east, and south by the Uawa Eiver and the sea to the commencing-point to hold the same as joint tenants, and not as tenants in common (but to be subject to the mortgage over the same hereunder directed), to them and the survivor of them, and the heirs and assigns of such survivor as the trustee, in trust (subject to the said mortgage) for such of the Native owners of the said Paremata Block as shall be named and described as the owners thereof in a further decree to be made by this Court partitioning the said block and declaring the relative rights, estates, and interests of the owners thereof in the different portions of the same. 6. It is further ordered that the said James Carroll and Wi Pere shall hereafter, when so directed by this Court, sign and execute, in duplicate, or otherwise as required, a memorandum of mortgage to the said Estates Company of all the right, title, estate, and interest of them the said James Carroll and Wi Pere, and of the Native owners thereof, in the said 7,176 acres hereinbefore described, free from all encumbrances, such mortgage to be given to secure to the said Estates Company repayment of all such past advances as shall be declared and decreed by this Court to have become due and payable to the said Estates Company on the 30th day of September, 1894 , and also to secure to the said Estates Company repayment of all such further advances made or to be hereafter made during the continuance of the said security as shall be sanctioned by this honourable Court, whether for the management or improvement of the said mortgaged lands or any of them or for the stocking of the same, or for costs incurred or to be incurred in defending or towards the validation of the title to the said Paremata Block, or for moneys expended or to be expended in or towards payment of surveys, taxes, rates, assessments, costs of actions, or other legal proceedings, or other outgoings of whatsoever kind or nature they may be that the Court shall at any time allowas a proper expenditure in respect of the said lands, or in defence of the title thereto, or in the preparation and execution of deeds and documents in connection therewith or otherwise as against the Native owners of the said mortaged lands. 7 It is further ordered that the form of the said memorandum of mortgage shall be settled between the parties by the Court, and that it shall provide for repayment of said advances by the said James Carroll and Wi Pere at such time or times, and in such manner, and with such rate or rates of interest payable at such intervals, and with such rests and accountings, and upon such conditions as to forfeiture of the right of redemption, and with such conditions of sale consequent
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thereon, and with such other mutual covenants, terms, and agreements as may be ordered by this Court in that behalf. 8. It is further ordered that the right, title, claims, and interests of the said Estates Company as such mortgagees as aforesaid shall not extend over or include any other portion of the said Paremata Block than the said 7,176 acres hereinbefore described and directed to be transferred to them as mortgagees. 9. It is declared that the said 1,250 acres, the residue of the said block, is hereby released from all mortgage or other claims heretofore set up by the said Estates Company, and that the said residue and the Native owners thereof, when ascertained by the Court, and the estate agreed to be vested in the said James Carroll and Wi Pere therein by virtue of the said agrement dated the 17th February, 1892, shall henceforth be free from all claims and demands whatsoever by the said Estates Company on account of the said mortgage debt and every part thereof or otherwise howsoever. 10. All questions as to the relative rights and ownership of the Native owners of the said Paremata Block, and as to the partitioning of the said blocks amongst the Native owners thereof, also the appointment of a receiver or receivers over the said block or any part thereof, and of a trustee or trustees for the Native owners of that portion thereof amounting to 1,250 acres or thereabouts made not subject to the mortgage to the said Estates Company, also all questions respecting payment of costs claimed by the said Henry Howorth and the costs of the said trustees James Carroll and Wi Pere of and arising out of this litigation and of and arising out of the performance of their duties hitherto as trustees for all the Native owners of the Paremata and other blocks included in the said agreement of the 17th February, 1892, and respecting payment of the costs of the said Estates Company also all questions respecting the payment of the costs of the several other parties before the Court, and respecting the costs and expenses of the Native owners of Paremata in a certain action in the Supreme Court of New Zealand, Northern District, No. 503, and of the proceedings in or arising out of the same action and all other matters whatsoever in difference between any of the parties to this cause not settled by this decree, are hereby reserved for the future consideration, investigation, and decree of this Court, and leave is hereby reserved to all parties to make from time to time such applications to the Court and to apply for such further decrees in the premises as they may be advised. As witness the hand of his Honour George Elliott Barton, Esquire, Judge, and the seal of the said Validation Court. G E. Baeton, Judge. Approximate Cost of Paper. —Preparation, not given; printing (1,200 copies), £20 3s. 6d.
Authority : Samuel Oostall, Government Printer, Wellington.—lB94.
Price 9.]
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Permanent link to this item
https://paperspast.natlib.govt.nz/parliamentary/AJHR1894-I.2.2.5.1
Bibliographic details
"THE NATIVE LAND (VALIDATION OF TITLES) ACT, 1892" (DEALINGS WITH NATIVE LANDS BY THE VALIDATION COURT AT GISBORNE)., Appendix to the Journals of the House of Representatives, 1894 Session I, G-02
Word Count
29,156"THE NATIVE LAND (VALIDATION OF TITLES) ACT, 1892" (DEALINGS WITH NATIVE LANDS BY THE VALIDATION COURT AT GISBORNE). Appendix to the Journals of the House of Representatives, 1894 Session I, G-02
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