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7 F.—No. 6

Wednesday, 18th August, 1869. Mr. James Home in attendance and examined. 1. The Chairman] Upon what interest do you claim to be heard before the Committee ?—Upon Mr. Jm. Bmm. my own /. 18Ul August, 1869. 2. What is the nature of your interest ?—I hold land that would be affected by the Bth clause of 3. Mr. Macffarlane.] Did you get a lease of certain land known as Kauaeranga, No. 23 ?—Tes; 4. Did you get any title to that land, and when ?—I did ; on 17th August, 1868. 5. From whom? —From the Native owners. _ 6. How many were there of them? —Four Natives. 7 Was it before or after the order for the certificate was made?—lt was after. 8 Will you explain to the Committee how it happened ?—The order for the certificate was made in June and at the same time it was announced by the Judge that the certificate would bear the same date. It was on the faith of that announcement being carried out that I obtained my title, believing my title would be valid. • ■ . „ 9. What did you do in consequence of that: did you let any of the land m consequence of that i —Tes ; I sublet nearly the whole of it. _ 10. What title did you give the parties to whom you leased ?—I gave them a lease from myself. 11. Have you drawn rents from the leases ? —I have, for the last eighteen months. 12. Have you laid out any money in improving the land ? —Tes ; I have. 13. To what extent ?—Not to a very large extent. 14 Have you erected any machinery ?—I have ;to the extent of £1,500. 15. Have you erected any houses ?—Not on that land, excepting the houses connected with the 16. Ilave you seen "The Native Lands Act" now under consideration of the Committee?—l have what I believe to be a copy in my hand. . 17 Will you explain how that will affect your title ?—ln consequence of the certificate being dated after the date of my title, it will render the title invalid according to the 75th clause of " The Native Lands Act, 1865." I shall not be enabled to obtain any title. _ 18. Why ?—Because another party has stepped in and obtained a lease from the same Natives. 19' Will that cut you out?—Tes; because theirs is the first after the actual date of the certificate. The certificate to me was dated four months after the making of the order; it was not signed on the date of the certificate. 20 Mr. Brandon.] What date is the certificate ?—lt is dated Ist October. 21. To whom was the subsequent lease issued ?—To Messrs. Whitaker and Lundon. 22 Had any lease been granted by the Natives to any persons previous to the order ?—No. _ 23. Are you aware that any person had previously any interest in this block by agreement with the Natives ?—I am aware that no one else had any interest. 24 Mr. Macffarlane.] Tours was the first lease obtained from the Natives t— lt was. 25. Mr. Brandon.] Legal or illegal?—l knew the one I obtained before the order to be illegal. 26. Tou got a fresh one after the order was made ?—Tes. 27. Tou were not aware at that time that any one else had any interest, legal or illegal ?—I was not aware. , . , . 28 Mr Creighton.] Tours is the certificate in which there was an erasure or alteration made m the date of issue ?—Tes; it was originally dated 27th June, which date was erased with a knife or some other instrument—not with a pen—and the Ist October inserted instead. 29. By whom was the alteration made ?—I cannot say; it was done m the Native Lands Office. 30. What was the effect of that ?—The effect was to invalidate my title. 81. Tour machinery was erected as a quartz-crushing speculation?—Tes, and has been sold by me. 32. Was it erected on that piece of land the subject of your title ?—On a portion of it. 33. Was the machinery erected altogether on your land, or on a portion of the gold fields ?—lt was all erected on the land I claim; it was not erected on any portion of the gold fields. 34 Mr. Howorth.] Have you been at all disturbed in the possession of your land f— les. 35. In what way: by_ legal proceedings or by force ?—By a notice to the tenants not to pay their rents as they had been doing formerly. . 36. Toil are still in possession notwithstanding that ?—I am still in possession, but cannot draw 37 Tou have not been ejected by legal process ?—Not yet; there is no action pending regarding it. 38. Do you speak from recollection when you say that the certificate was to bear the same date as the order ?—I speak from recollection. 39 Tou were aware at the time you accepted the second lease from the JNatives that unless the certificate was dated the same date as the order of Court, your title would not be valid ?—Tes, 1 was aware of it. . ~ v . 40. Do you know what consideration was paid by Messrs. Whitaker and Lundon to the Natives for the lease ?—Tes, £100 per annum. . ._ , ~ ~ 41. What rent did you agree to pay ?--£53 for the first five years, and £100 for the residue of the term.

ON NATIVE LANDS BILL. MINUTES OF EVIDENCE.

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