17

1.—15

sary? What were the objects which justified this exchange to Mr. Whitaker, seeing that some of the land was only worth sixpence an acre ? Why should they have given up this 18,000 acres, which were immediately available for settlement, in exchange for lands which were of no value ?—They have not made any exchange with Mr. Whitaker. 273. And then the Proclamation was allowed to lapse. You say the Government did not take any steps about it after the Bill was thrown out?— Government took no further steps about the exchange of land. 274. Mr. Whitaker claimed 14,000 acres out of Drummond Hay's block of 24,000 acres. The Natives, we are informed, declined to give up this land to Mr. Whitaker; but we are told that they will give certain other land (Te Puninga) in exchange, acre for acre. We are also informed that Mr. Whitaker has been allowed to acquire 4,000 acres more, thus reducing Mr. Mackay's purchase by 4,000 acres. We want to know by what authority Mr. Whitaker has been allowed to acquire this 4,000 acres, out of the 200,000 acres, in addition to the 14,000 acres he was to get from the Natives ?—I cannot say. 275. You have already stated that it was impossible to make any arrangement with the Natives for acquiring this block without that exchange being made ?—I said so two years ago. 276. Knowing the circumstances under which the arrangement was made with Mr. Whitaker, what compensation do you think he is entitled to receive from the Government for any breach or alleged breach of contract?—l am really a bad judge as to compensation. lam opposed to compensation on principle myself. But I think that Mr. Whitaker has reason to complain that the agreement made with him by me, on the part of the Government, has not been carried out.

Thursday, 11th October, 1877. Hon. Mr. Whitakeb examined. 277. The Chair man.~\ Have you any written agreement with the Government respecting a proposed exchange between yourself and the Government of land in the Piako District ?—Yes, there was an agreement? 278. Could you produce that agreement ?—Agreement dated 22nd September, 1874, produced, and read as follows : — " Auckland, 22nd September, 1874. " Memorandum of an agreement made between the Hon. Dr. Pollen, on behalf of the Government of New Zealand, of the one part, and Frederick "Whitaker, of the other part, as follows : — " The said Frederick Whitaker to surrender to the Government all his right, title, and interest in the Piako land, awarded by the Land Claims Court to F. Whitaker and T. Heale, and transferred to F. Whitaker by T. Heale, and in consideration thereof to receive a Crown grant for an equal number of acres situate between the Piako and Waitoa Rivers. " The Government to furnish F. Whitaker with a plan of the land, and he to have a right to select the land he will take in one or two blocks ; but, if taken in two blocks, the selection to be taken in such way as not to be injurious to the remaining Government land. Any question on that point to be determined by the Inspector of Survey. The quantity to which the said F. Whitaker is entitled being 14,783 acres and 1 rood. On the selection being made out of the land, of which the plan is to be furnished him as above mentioned, he is to have the survey for the Crown grant made at his own expense. " Daniel Pollen." 279. I think you stated very fully, in giving evidence before the Committee in 1875, which was investigating the petition of Mr. Theophilus Heale, the circumstances under which you had acquired this 14,000 acres of land ?—lt was not on Captain Heale's petition. It was in reference to a Bill brought in to the Legislative Council by Dr. Pollen to carry out that agreement. 280. You acquired a claim to 14,000 acres of land in the Maukoro or what is called Drummond Hay's Block ?—Yes. [Witness produced statement showing his purchases.]

Piako Purchases. —Cost to Ist June, 1876.

* Abercrombie's was bought from the Bank of Australasia, with other land, for £6,000. The proportion was considered at £2,000 ; reckoned at the same price as the average of the other land purchased from Russell and others, it would be £1 984. ' tif interest calculated at 8 per cent, per annum, £11,084 6b. 7d., simple; £23,161 13s. Id., compound. j If interest calculated at 8 per cent, per annum, £11,053 18s. lid., simple ; £23,051 6s. 2d., compound. 3—l. 15.

Date. Purchasers. Acres. Price. Date to [878. Simple Interest, al 10 per cent. Compound Interest) at 10 per cent. 1854. November 15 1855. Lpril 13 „ 13 1860. anuary 14 14 N 16 Abercrombie* 5,000 £ 2,000 June 1 ... Yrs. Days. 21 199 £ s. d. 6,309 0 10 £ a. d. 15,609 7 10 Bussell Downing 640 320 200 112 „ 1 ... „ 1 ... 21 49 21 49 622 13 9 348 14 1 1,499 18 2 839 18 11 Johnson Webster Mathew 1,280 1,219 2,560 453 600 1,024 » 1 ... „ 1 ... » 1 ... 16 139 16 139 16 137 1,194 6 7 1,582 17 0 2,700 9 8 2,161 16 0 2,861 18 10 4,881 16 7 If Abercrombie's purchase calculated at ayerage price of others, off* 11,019 4,389 £12,758 1 11+ £27,854 16 416 ,, 1 -. 33 18 3 133 18 8 11,019 4,373 £12,724 3 8J £27,720 17 8: