27

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ment. The law officers of the Crown called upon him to show a good title to his interests in accordance with those recitals, which of course, under the circumstances already related, he was quite unable to do. The law officers declined to recommend the issue of grants till it was done, and the matter seemed almost as far from settlement as ever. At last, however, the assistant law officer suggested to the Honorable the Minister for Lands, Mr. Macandrew, a new course, which was not to require Mr. Eiddell to show a good title to the " said pieces of land," which, by the Eiddell Act, the Government was to receive in exchange for the 600 acres given to him; but to be satisfied by his transferring his " interest" in them, whatever that might amount to. The Minister for Lands accepted the suggestion, and directed the law officer to follow this course, and Mr. Eiddell assigned,— not the two sections mentioned in the schedules of the Act, —but only " his interest " in them, which amounted to nothing at all, or at most to a right of action against Mr. H. Shakspeare Taylor, who, in the meantime, was reported to have " gone to Fiji." But even after this, the matter stood over for two years longer, through the " inadvertence " of the Land Commissioner ; and it was only in August, 1880, that it was finally closed, as far as Mr. Eiddell was concerned, by the issue of his grants. Mr. Churton's claim to the two sections in question has, however, compelled me to reopen the matter. I have carefully studied the official file relating to it, consisting of 244 pages, made up of lawyers' letters, claimants' letters, petitions, opinions, telegrams, ministerial memoranda, and other records ; have corresponded by letter and telegram with the land offices at Wellington, New Plymouth, and Patea; have examined several witnesses, personally, at Wanganui and elsewhere; and the above is the result of my inquiry so far. "While, however, the Legislature and the Government were fishing in these muddy waters, a clear stream of evidence of ownership was flowing in quite another direction, and by following it conclusions are arrived at not leading to compensation, but to the establishment of legal title to both sections, in the person of Mr. Henry Churton. The actual state of ownership will be seen from the following brief relation : — 1. As regards section 387. —Eahera Tiwaia, as above stated, having been put in possession of this section by the Compensation Court in 1874, leased it in June, 1875, to Harrison Gibson, for twenty-one years, with a purchasing clause at £400, payable at any time during the term. 2nd July, 1875. —Gibson assigned to M. V. Hodge his interest in one moiety of this leasehold, and in the purchasing clause. 20th September, 1877. —Gibson assigned his interest in the other moiety and purchasing clause to M. V. Hodge. 7th May, 1878. —M. V. Hodge assigned both moieties and the purchasing clause to Henry Churton, his heirs, executors, and assigns. All these transactions were for very ample consideration. Mr. Churton paid his rent regularly to Eahera while alive, since her death to the Public Trustee. He can at any time, on payment of £400 to Eahera's heirs, become the owner of the freehold. 2. As regards section 386.—This section was duly allocated to Heroria Hineihara by the Compensation Court. She died intestate, and, by a succession order of the Native Land Court, dated 23rd January, 1877, Hata Eio and Eeupena Tauria were appointed her successors. In August, 1876, they had by anticipation sold the fee-simple of the section to E. T. Blake and his heirs ; and by a further deed, dated 7th July, 1877, they confirmed the sale. (Consideration £500.)—7th July, 1877. —E. T. Blake conveyed the section in fee to Mr. V. Hodge. (Consideration £700.) —29th April, 1878.—M. V. Hodge sold it in fee to Henry Churton and his heirs. (Consideration £1400.) Mr. Churton also holds an authority to Blake from Hata Eio and Eeupena Tauria to receive the Crown grant. All these transactions as regards both sections have been duly registered in the Deeds Office at Wellington. The recommendation which I have now the honor to make is, that as regards section 386, the title to which is derived from Heroria Hineihara deceased, the grant prepared in her favour, the issue of which has been suspended at my request pending this investigation, shall be handed to Mr. Henry Churton. As regards section 387, the title to which rests on a lease from Eahera Tiwaia, deceased, with a purchasing clause for £400 for the reversion, I recommend that a succession order be made in behalf of Eahera's children, who are minors, and her lawful representatives ; that a trustee be appointed for them ; and that on payment by Mr. Churton to such trustee of the amount of £400, and all rent due to date of payment, the Crown grant prepared in favour of Eahera, the issue of which has been suspended at my request, shall be handed to Mr. Churton. There is, however, another fact connected with the case, to which I beg to call the attention of His Excellency. Previously to the award of the Compensation Court in favour of Eahera, or shortly after that event, and probably in either case with her acquiescence, a number of natives of the same tribe with herself, the Ngarauru, appear to have occupied section 387 and part of 386, erected houses and cultivated a considerable quantity of land within the boundaries of the former or both. These natives had large and ample reserves made for them immediately joining these sections, and divided from them by the Moumahaki Eiver. These, however, they have leased to Europeans, and occupy no part of them themselves. They have no right or title whatever to be where they are, and Mr. Churton has a right to eject them at any time. He might of course be left to the assertion of his legal rights, but it is not desirable that he should be driven to exercise them. I beg, therefore, to recommend that the matter be referred to Mr. Booth, E.M., with the view to his endeavouring to induce the natives to give up quiet possession of the lands to Mr. Churton. He should also be authorized to inform them that, till they do so, no Crown grants will be issued to them for the reserves on the other side of the Momahaki Eiver, on which they ought to have located themselves. William Fox, West Coast Commissioner. West Coast Commission Office, Wellington, 14th June, 1881.