"THE NATIVE FRAUDS ACT, 1870."

G._ No. 7.

11

21st July, 1871. Mr. Maddock and Mr. Hamlin appeared with To Hapuku. Mr. Maddock handed me another deed of assignment, dated 21st instant, containing in substance the provisions expressed in the deed signed by Te Hapuku on the oth instant, but with the following important modifications and alterations: — 1. By the deed under notice Te Hapuku only conveyed and assigned all real and personal property, so far as he was able, as was not subject to trusts, whether expressed or implied. 2. That sufficient real and personal estate was to be left unsold for Te Hapuku's maintenance and support, to the satisfaction of the Trust Commissioner. No debts were specifically mentioned as being owing by Te Hapuku, the recitals in the deed being that Te Hapuku owed several sums of money to divers persons. 4. There was an express provision in the deed that in every sale of land to be effected with Te Hapuku's consent, such consent should be expressed in writing, by Te Hapuku being made a 2>arty to, and executing all deeds of sale ; and that every such execution should be considered an alienation within the meaning of the Native Land Frauds Prevention Act, and should therefore have to be brought before the Trust Commissioner for approval. On perusing Te Hapuku's title deeds, and on searching the Deeds Eegister Office, I was enabled to discover Te Hapuku's legal position with reference to the unsold lands. The Deeds Register Office discloses the following state of Te Hapuku's lands: Whatarakai Block—46l Acres. This block is vested, by Crown Grant, in Te Hapuku and nine others, and is inalienable by sale, or by lease for a longer period than twenty-one years, or by mortgage, except with the consent of the Governor. By lease, dated 13th July, 1867, the block was leased to Mr. H. R. Russell for twenty-one years, at the rental of £60 per annum. Pukekuea East Block—2,llo Acres. Pukekura West Block—l,Bso Acres. The Crown Grants of these blocks are both to Te Hapuku and 9 others, and both blocks are inalienable, except by lease for a period of not longer than 21 years, without the consent of the Governor. Both blocks are leased to Rev. S. Williams, of Te Aute, for 21 years each, at the yearly renral of £50. Pukerowhitu 810ck—377 Acres. Te Hapuku and four others are the grantees of this block, and it is leased by them to Mr. H. R. Russell for 21 years, at the rental of £50 per annum. The land is inalienable by sale, or lease for more than 21 years, or by mortgage, except with the consent of the Governor. KorAKAKORE 810ck—1,278 ii AcRES. There is on the Registry a lease of this block, dated 12th June, '1869, by Te Hapuku and eight others to Frederick Martin Chapman, of Te Aute, sheepfarmer, for twenty-one years, at the rental of £60 per annum. The land has been subsequently, by several of the Natives, including Te Hapuku, mortgaged to Mr. Newton, of Napier, merchant, to secure balance of account current, and interest thereon, on 31st December, 1871. Power given to Mr. Newton to collect rents and give receipts. No Crown Grant registered. Waimara^ia Block, 18,077 Acres. The only deed on the Registry affecting this block is a lease, dated Bth October, 1869, by Te Hapuku and nine others, to Messrs. W. L. Campbell and F. H. Meinertzhagen, of Waimarama, sheepfarmers, for twenty-one years at rental of £240 per annum. Te Hapuku's name will be in the Crown Grant when issued. Okaihau 810ck—5,544 Acres. There is nothing registered against this block, but a lease dated 13th December, 1869, by eight Natives to Messrs. W. L. Campbell and F. H. Meinertzhagen, for twenty-one years, at the yearly rental of £60. Te Hapuku, however, has not signed the lease, and is not a party to the deed. He will, however, be a grantee when the Crown Grant is issued. Te Onepu West Block—(Acreage not ascertained.) Te Aute No. 3 Block —(Acreage not ascertained.) Te Aute No 6 Block—(Acreage not ascertained.) Whakawhiringa Block—(Acreage not ascertained.) Waihingahinga Block—(Acreage not ascertained.) Te Kate Block—(Acreage not ascertained.) Said to be valuable and extensive. Te Hapuku's name will be in the Grants of these blocks when signed by the Governor, in pursuance of the certificates of title. Patangata No. 2 Block—l7,ooo Acres. Patangata No. 4 Block—l,loo Acres. These blocks are now being leased by Te Hapuku and nine other grantees in each block to the Rev. S. Williams, of Te Aute, each block at the rental of £50 per annum. Te Aute No. 5 Block—4o Acres. By lease of 6th September, 1870, Te Hapuku and four others, leased this land to Mr. William Rathbone, of Waipawa, storekeeper, for twenty-one years, at £30 per annum.