a.—2

as successor of Tamihana Paku, one of the successors of Katerina te Mana, Kereama Piwaka as successor to Kereona Piw y aka—for the sale of the irrespective freehold interests in the said Whangara Block to the said Charles Seymour are contracts invalid and incapable of being enforced without the assistance of this honourable Court, by reason of their having been respectively made not in accordance with the requirements of the statutes (then in force but now repealed) regulating the sales of the said interests in the said block. 2. It is further declared that the said several contracts are contracts which, irrespective of form, had they beenmade between Europeans, touching and concerning lands held under Crown grant, would have been valid and binding contracts capable of being enforced in the Supreme Court. 3. It is further declared that the said several contracts were not in any respect contrary to equity and good conscience. 4. It is further declared that the said several contracts were fully and perfectly understood at the time they were entered into by the contracting parties, and were fair contracts for reasonably sufficient and lawful considerations at the time and under the circumstances in which they were made. 5. And whereas it was amongst other things proved at the said hearing to the satisfaction of the Court that the Native owners of the said Whangara Block and the said Charles Seymour were at the time of the making of the aforesaid agreement, dated the 27th day of June, 1890, engaged in litigation in the Supreme Court of New Zealand and in the Court of Appeal of New Zealand respecting the validity of the said sales of freehold interests hereinbefore described, and also in litigation respecting the validity of a certain deed of lease, dated the 25th day of June, 1879, and that an appeal was then pending before the Judicial Committee of the Privy Council in England from the said Court of Appeal of New Zealand respecting the decision of the said Court of Appeal upon a portion of the said litigation And whereas it was further proved that at the time of the making of the said agreement, dated the 27th day of June, 1890, the said parties were also engaged in litigation respecting the said Whangara Block, before his Honour Mr Wortley Bassett Edwards and Mr John Ormsby, Commissioners appointed under the 20th section of " The Native Land Court Acts Amendment Act, 1889," and that the hearing before the said Commissioners was from time to time adjourned, to enable the said parties to 'agree to terms for settlement of their disputes with reference to the said block" And whereas the said parties did agree to terms of settlement, and the same were embodied in the said agreement dated the 27th day of June, 1890, whereupon the said Commissioners reported to His Excellency the Governor the making of the said agreement, and recommended " that the necessary legislation should be enacted to render the said agreement valid and binding, and to enable the terms of the same to be carried into effect" And whereas no Act or statute has been enacted for any of the said purposes • And whereas all the parties now apply to this Court to finally settle and determine all matters in difference between them respecting the said sales and purchases of freehold interests in the said block , and also respecting the validity of the leasehold interests claimed by the said Charles Seymour, and also respecting the claims for payment of money by and between the parties, and to declare whether any and, if so, what, acreage of the said Whangara Block shall be adjudged to the said Charles Seymour as purchaser under the aforesaid contracts and whether any, and, if so, what, acreage of the said Whangara Block shall be adjudged to him as lessee, and by and on behalf of what lessors the said new lease shall be given by the Court, and for what term and at what rent, and to whom and in what manner, the said rent shall be made payable and whether any, and, if so, what, moneys shall be adjudged as payable by and between the said parties, whether for rent in arrear or on the existing lease dated the 25th day of June, 1879, or for costs of the said several litigations, or on account of the aforesaid promissory notes, or otherwise howsoever Now, therefore, this Court, having duly considered the evidence brought before it by all parties, doth order and decree as follows : — 6. It is ordered and decreed that the said Charles Seymour shall be entitled to an estate in feesimple in possession, free from all encumbrances, in a block of 4,500 acres of the said Whangara Block, situate at the northern end of the said block, commencing at a point on the Pakarae Eiver, marked " A " on plan, at the junction of the Mangakuri Creek and the Pakarae Eiver , thence by a give-and-take line for a boundary-fence running in a north-westerly direction, about 257 chains, to southern boundary of Kowhata No. 2 Block thence in a south-westerly direction, about 61 chains, along boundary of aforesaid block to Touhua, thence in a north-easterly direction by the western boundary of Kowhata No. 2 Block, 18358 links, to Kererukaipo , thence in a south-easterly direction along the northern boundary of the aforesaid block to Waitapana Stream, about 114 chains, thence down that stream to the junction with the Pakarae Eiver, and thence down that river to the point of commencement, as per sketch-plan indorsed hereon, marked "A," to contain 4,500 acres, exclusive of roads, which said parcel of land so described as aforesaid shall hereafter be known as Whangara No. 1 Block And it is hereby further ordered and decreed that all other titles to the said parcel of land known as Whangara No. 1 Block shall be henceforth void, destroyed, and of none effect in so far as they affect the said Whangara No. 1 Block, whether the same be vested in the said Charles Seymour or in any other person whomsoever, and that the registration of all the said other titles shall be cancelled and deemed as of none effect in so far as they effect the said parcel of land known as Wliangara No. 1 Block. 7 It is further ordered and decreed that the said Charles Seymour, his executors, administrators, and assigns, shall be entitled to have, and to hold as lessees, and to use, occupy, and enjoy, as lessees, for the term of twenty-one years (to be computed from the Ist day of July, 1894), all that other portion of the said Whangara Block next hereunder particularly described, and containing 3,900 acres, more or less, bounded and described as follows Commencing at a point on the Pakarae Eiver marked "A" on plan, then in a line, 30 chains or thereabouts, from the junction of the Mangakuri Creek and Pakarae Eiver, thence by a line in a north-westerly direction, in a give-and-2—G 2.

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