H.—No. 15. 6

37. Mr. Wilson.] By the evidence at the trial it appeared that Craig had hitherto lived in peace and harmony with the Natives at Opitonui, and that during that time he was spending large sums ot money in carrying on the works of the saw-mill. 38. I don't remember how many million feet of timber Craig was taking out of the bush, but it would appear to be a very large quantity, as evidenced by the cutting of some £3,000 worth of logs for one season's supply. 39. This £3,000 was money out of pocket. 40. It appeared that Craig had paid the entire sums due to the Natives for the timber under the original agreement. 41. In saying that Craig ought to have the logs, I mean he should receive the original value of them, as they would now be much deteriorated. 42. "The Native Lands Act, 1865," had a retrospective action, as it enabled the Natives to repudiate agreements they had entered into with Europeans, with the sanction of the Government, previous to the land passing through the Native Land Court. Craig's agreement with the Natives for the Opitonui bush is a case in point. 43. The Judge stated at the trial, that under clause 75 of " The Native Lands Act, 1865," any agreement made or entered into with the Natives previous to the passing of the Act was absolutely void. 44. Mr. Rhodes.] Craig had a right to cut timber and carry it away without any conditions as to time being mentioned, as far as lam aware. He paid a fixed sum for that privilege. 45. Mr. Bryce.] I would suggest as a remedy that the Legislature should pass an Act whereby agreements with Natives made and entered into in good faith, and which had received the consent of the Government in the first instance, should have legal effect given them as between the parties. 46. In this particular case, the law should give power to the petitioner to recover the logs or their value. The Attorney-General attended, and was examined. 47. Chairman] I am not aware of any law existing in 1861 by which a private individual could acquire rights to Native land, even with the assent of the Governor or of his Minister. 48. Land could be acquired by and in the name of the Queen from Natives ; it would then have to be dealt with under the ordinary laws regulating the sale and disposal of waste lands of the Crown, and such would apply to the leasing, purchase, or the right of occupation, for the purpose of cutting timber. 49. Before " The Native Lands Act, 1862," when persons desired to acquire land from the Natives, the course taken was to get the Government to allow a surrender of the land to be made to the Queen by the Natives, a Crown grant was then issued in favour of the person who had entered into the arrangement with the Natives. 50. By " The Native Lands Act, 1862," a Land Court was established, and this enabled the Natives to obtain a certificate of title, and deal with the land as soon as they got a certificate, but not before. The Act did not affect the rights of the Crown; it did not render it necessary that a certificate should be obtained in order to enable the Crown to acquire the land. Clause 75 of " The Native Lands Act, 1865," was introduced therein because the Act repealed " The Native Land Purchase Ordinance, Session VII., No. 19," which prohibited the purchase of land from Natives by Europeans, and also because it was considered that even without any Statute the Crown had a pre-emptive right, and, therefore, that individuals could not purchase lands from Natives unless held under Crown grant. Mr. J. A. Wilson attended, and was re-examined. 51. The Chairman.] The land at Opitonui was passed through the Court in January 1870. " The Native Lands Act, 1865," by its 75th clause, invalidated Craig's agreement, and gave Mohi a power to injure Craig which he did not before possess. The above clause declares that every conveyance, transfer, gift, contract, or promise, affecting or relating to Native land in respect of which a certificate of title shall not have been issued by the Court shall be absolutely void, and the 48th section of the same Act gave the Native grantee also a right ho did not before possess, to " bar all estates, rights, titles, interests or persons whosoever therein." 52. The Act of the Legislative Council of 1846, clause 1, although it prohibits any person dealing with the Natives for the purchase of the right of cutting timber or other trees, provides that persons may do so under license from the Government; and from the evidence of Mr. Mantell, the Native Minister of the day, who acted for the Governor in the matter when Craig made application to deal with the Natives, it appears that Craig did obtain what amounted to a revocable license. 53. The logs in question belonging to Craig, valued at £6,000, lying at Opitonui, petitioner has been unable to obtain possession of in consequence of the decision of the Supreme Court, that he incurred the risk of an action for trespass in going on the land, and in consequence of the injunction issued by the Court to prevent him from taking those logs. This injunction was obtained by Mohi under the plea of the timber having grown on land belonging to him. 54. I hand in a sketch plan of Mr. Craig's and adjoining property at Whangapou, and with reference to a question asked me at my former examination as to the manner in which the petitioner could be compensated, I would state, that if the Crown granted him the right to drive logs from his dam along the Waitekuri Stream to Whangapou Harbour, it would, I think, go a very great way towards satisfying him. The Crown has power to effect this under the 76th clause of " The Native Lands Act, 1865." The granting of this to Craig would not injure the interests of other persons.

Mr. Wilson.

Ist Nov., 1871.

The'AUorntyOeneral.

9th Nov., 1871.

Mr. Wilson.

10th Nov., 1871

REPORT OE THE PUBLIC PETITIONS COMMITTEE