91

G—7

REPORT on CASE No. XIX. Omabtjntti No. 1 (Moteo). —Paora Torotoro and Eowi Haukore, Complainants. Paora Torotoro complained against P. Sutton in respect of this land, and begged that the mortgage should be investigated. A great deal of evidence was given on both sides before the Commission in the matter of this complaint. It will be seen by that evidence that this land was adjudicated upon by the Native Lands Court, and a Crown grant issued to the complainants. After the Court had adjudged the land to them it was mortgaged to that European, Sutton, and subsequently to that it was sold to the same European. All the documents connected with these transactions —the mortgage and sale —were exhibited before the Court, and the names of the parties were attached to those documents. Before the date of the mortgage the land was leased to a European named Brathwaite, at an annual rental of £300. I believe that European was much pleased with, and wished to acquire, that land. Paora Torotoro, one of the complainants, appears to me to be a man who was always desirous to gets goods, but has no mind, and is ignorant of European customs. Prior to the execution of the mortgage deed of this land, the said Paora Torotoro went to get goods on credit, nnmely, liquor and other things, from Sutton, and he used to get the same. It did not matter what the quantity of goods might be, Sutton was not afraid of losing them. Sutton stated that before Paora Torotoro had paid any portion of his debts, he asked him (Sutton) to build a house for him. He said to Paora, "I am willing to do this if you will let me have Moteo as security for my money." Paora agreed to this. Now, I consider that that was the reason why that European was not afraid to let Paora have a largo amount of credit, because he (Sutton) desired to become possessed of an interest in that land. Paoro Torotoro stated that the exponent of and negotiator towards that desire was Martyn Hamlin, interpreter. That interpreter said that he did not conduct any negotiations ; he simply interpreted what Sutton told him to say to the claimants. On considering certain portions of the said interpreter's evidence, I am of opinion that Paora Torotoro appears to be correct when he states that that interpreter was the exponent of and negotiator towards the desire of Sutton for that land. At the date of the execution of the mortgage deed of this land Paora Torotoro's debts had amounted to £150, but the sum of £500 was sot forth in that deed. Sutton stated that the reason for putting down that amount was that he thought that it would cost that to build the house; but Paora Torotoro was not informed when he signed the deed that the money for the house was in the £500. The mortgage deed had been executed long before Paora's debts amounted to the sum therein set forth. Ido not think this is a proper sort of mortgage; however, the Parliament know best what should be done in such cases. Three or four months after the land had been mortgaged the deed of sale was drawn up. At that time Paora Torotoro's debts had reached the sum of £1,200. It is surprising to me how Sutton gave such a large amount of credit to Paora within such a short time ; however, I believe that he did so because he wanted to get that land. Paora Torotoro stated that his reasons for signing the deed of conveyance were, the consent of Sutton to cut off a portion of the block from that sold, that is, to leave it for him (Faora), and alsoSutton's statement that he would pay him £1,000 immediately he signed the deed. Martyn Hamlin, interpreter, said that he did not hear that, and those matters were not mentioned when Paora executed the deed; and in my opinion Paora Torotoro and Sutton made no arrangement about reserving any portion of this land from the sale. But with regard to the statement about the £1,000, lam inclined to believe it. The interpreter said that Sutton instructed him to tell Paora that £1,000 would not be paid. I searched out and found no cause why he should say so, except that Paora had asked him for that sum. I think, also, it was not clearly explained that at the end of the year the £1,000 was to be paid, with interest, to Paora. That explanation not being given, he signed, for Maoris prefer to be paid money down. Paora Torotoro got a great quantity of goods on credit after he signed the deed of conveyance. He stated that Sutton was continually urging him to get goods on credit. I am inclined to believe this, because there was no reason for delaying the payment of £1,000 for a year, except that he (Sutton) might get the whole of it for himself. Sutton showed how much of the consideration for this land was composed of liquor. The Parliament will know how to deal with this. Sutton said that he was not acting as agent for Brathwaite, the lessee ; but he also said that after he had purchased the land the lessee offered to purchase it from him, if he would let him have it cheap. I believe that Sutton was agent for the lessee. Had he not been his agent he would not have sold the land for £3,000 ; rather would he have kept it for himself, and drawn the rent, £300, regularly. Eewi Haukore made a complaint against Sutton similar to that made by Paora Torotoro. My opinion on this complaint is the same as on that of Paora Torotoro, above set forth. On considering the character of the transactions affecting this land, I am of opinion that the complainants have just ground of complaint. Wibemtj Hikaieo, Commissioner. No. XIX. —Omaettnui No. 1 (Moteo). —Paora Torotoro, Eewi Haukore, nga Kaitono. Ko te tono a Paora Torotoro, he whakahe kia Tatana (F. Sutton), mo tenei whenua a c tono ana kia tirohia te moketetanga. He maha nga korcro i whakapuakina mai c tetahi taha c tetahi taha kite Kouti, mo tenei tono no runga i aua korcro ka kitea. Ko tenei whenua kua oti te whakawa c te Kouti Whenua Maori, kua whakaputaina te Karauna Karaati ki nga Kaitono, a no muri iho o te whakatuturutauga a te Kouti i taua whenua ki a raua ka moketetia ki taua Pakeha ki a Tatana, i muri iho i te moketetanga, ka hokona ki taua Pakeha ano. I whakaaturia katoatia mai aua pukapuka kite Kouti, te pukapuka o te mokete, me to te hoko a c mau ana nga ingoa o taua hunga i aua pukapuka.