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REPORT OP THE COURT. In the matter of the application of Joseph Wilson, of Normanby, under " The Native Land (Validation of Titles) Act, 1892," with regard to Section 57 Block I. and Section 6, Block 11., Hawera Survey District. We, the undersigned Judge and Assessor of the Native Land Court, being duly appointed under the said Act, and having in open Court inquired into the matter of the said application, do hereby report thereon as follows : — The land, the subject of this inquiry, was originally known as Sections 634 and 635, Patea. Prior to 1874 the land was given to Heke Pakeke for services rendered to the Crown during the late Native war, but no title thereto was then issued. On the 14th of February, 1876, he sold his interest in the said land to Mr Felix McGuire, and signed the deed of conveyance, marked " A," referred to in the certificate given by us. As the country was in a disturbed state at the time, the European purchaser could not obtain the attendance of Heke Pakeke before either a Judge of the Court or a Eesident Magistrate, who should have witnessed his signature to the deed of conveyance. It was ultimately signed before Captain Gundry, of the Armed Constabulary who was also a licensed interpreter, and two European settlers. We are satisfied that the statement of the deed of conveyance was read over to the said Native before he signed it, but no written statement thereof was indorsed on the deed. Captain Gundry made a declaration certifying that the conveyance was read over to the Native, and that he understood the contents of it before he signed. This declaration was placed before the Trust Commissioner, but has been lost. On the 27th June, 1876, Mr H. Eyre Kenny, as Trust Commissioner, held an exhaustive inquiry into the circumstances of this alienation, and, being satisfied therewith, granted his certificate, as shown by indorsement on the instrument. On the 10th of January, 1882, Mr F McGuire sold his interest in this land to Mr. Joseph Wilson, of Normanby On the 20th of March, 1883, a Crown grant (enclosed), marked " C, ' was issued under ' The West Coast Settlement (North Island) Act, 1880," and " The West Coast Settlement Eeserves Act, 1881," in favour of Heke Pakeke, antevesting the said land in him as from the Bth day of May, 1874, without any restrictions against alienation. Some time in the year 1887 Mr Wilson sought to get his conveyance from Mr McGu re to him registered, and a certificate of title issued under the Land Transfer Act, and for the first time was made aware of the difficulties as to the title to this land. The Eegistrar of Deeds then handed the Crown grant to Mr Wilson, who now, by his witness, Mr G D. Hamerton, hand it into Court as an exhibit. As indicated by the certificate granted by us under section 5 of the first above-recited Act, we are satisfied with the bona fides of the transaction, and are of opinion that the conveyance by Heke Pakeke should be confirmed by such order of the Court as may be most effectual. We cannot conclude our report without stating that the Public Trustee telegraphed to us to the effect that this land is a West Coast Eeserve, and, as such, became vested in him by virtue of "The West Coast Settlement Eeserves Act, 1892.' Eegarding this contention, we venture to say that, in equity the original transaction should be confirmed, and, if so, we fail to see how this land can now be regarded as a West Coast Eeserve. We have omitted to report that Heke Pakeke died in November, 1885. Given under our hands and the seal of the Court at Hawera, this 14th day of December, 1893. Eobeet Waed, Judge. B. F J Edwaeds, Assessor His Honour the Chief Judge, Native Land Court, Wellington.
WHATATUTU A. In the Validation Covet, holden at Gisboene. In the matter of "The Native Land (Validation of Titles) Act, 1893," and of the application of Alexander Creighton Arthur in respect of the Whatatutu A Block. Wheeeas at a sitting of the Validation Court duly held at Gisborne on the 22nd day of June, 1894, under the provisions of "The Native Land (Validation of Titles) Act, 1893," before his Honour George Elliott Barton, Esquire, Judge, and Atanatiu Kairangi, Assessor, the application of Alexander Creighton Arthur of " The Willows," near Gisborne, in the district of Poverty Bay, sheepfarmer, in respect to the Whatatutu A Block, duly came on for hearing in the said Court And whereas the said Alexander Creighton Arthur by such application claimed to have acquired all the shares and interests of the whole of the Native owners in the said Whatatutu A Block under certain contracts (produced to the Court) incapable of being enforced, because such contracts were not made in accordance with the requirements of the statutes in force (but now repealed) at the time the said contracts were entered into by such Natives ■ And whereas the making of the said several contracts were duly proved to the satisfaction of the said Court And whereas the title to the said Whatatutu A Block at the time such application was made was a Crown grant issued in favour of Paora Haupa and twenty-four other aboriginal natives (the whole of whose interests are claimed by the said Alexander Creighton Arthur) which grant is registered in the office of the District Land Eegistrar at Napier, in Volume 22, folio 207 And whereas it was duly proved to the Court that the said contracts are such that had the same been made between Europeans touching and concerning the said land they and each of them would have been valid and binding contracts capable of being enforced in the Supreme Court of New Zealand , that the said contracts and each and every of them are not in any respect contrary to equity and good conscience, and are not tainted with any fraud or improper dealing, and that they were fully translated to and understood by the several Native vendors at the time they were respectively entered into, and that they were fair
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