Page image

G.—2

otherwise howsoever, and shall be held by said Native owners as their own absolute freehold property, anything in any previous right, title, or interest notwithstanding. 4. It is further ordered that all other and previous titles to said parcel of land known as Wharekopae No. 2b, above particularly described, shall henceforth be void and of none effect in so far as they affect the said Wharekopae No. 2b Block, whether the same titles be now vested in the aforesaid Native owners or in any other persons, and that the registration of all the said other titles shall be cancelled and of none effect in so far as regards the said Wharekopae No. 2b Block. Witness the hand of his Honour George Elliott Barton, Esquire, Judge, and the seal of the said Validation Court. G. E Barton, Judge.

KOURATEUWHI No. 2 BLOCK. In the Validation Court at Gisborne. In the application of Andrew Eeeves for the validation of sixteen contracts for sale of freehold interests in the Kourateuwhi No. 2 Block, situated in the Gisborne Native Land Court District, and within the jurisdiction of the Validation Court sitting at Gisborne. Saturday, the 7th Day of July, 1894. Upon reading the application aforesaid of the said Andrew Eeeves, filed in this Court, and upon proof of due service thereof upon the objectors named and upon hearing the evidence adduced before the Court at the hearing of said application and upon reading the several documents exhibited in evidence before the Court; and upon hearing Mr Nolan, of counsel for the said applicant, and upon hearing Aterea Mokai and Hame Kirimana, objectors, it is declared and decreed as follows :— 1. It is declared that the several contracts made by the following persons, owners in the said Kourateuwhi No. 2 Block —namely, Hori Mokai, Karauria Pahura, Arapera Pahura, Ani Kirimana, Kihi Tupara, Hori Mokoera, Hohepa Pere or Tue, Hiria Euihaunga, Eaiha Kakahupaea, Harata Makuru, Aterea Mokai, Hera Keru, Pera Kapotaiaha, Karma Haua, Harawira Karaha, Tamati Plautapu—for the sale of freehold interests to the said Andrew Eeeves, free from all encumbrances, are contracts invalid and incapable of being enforced without the assistance of this honourable Court, by reason of their having respectively been made not in accordance with the requirements of the statutes then in force (but now r repealed) regulating the sales of the said interests in the said block. 2. It is further declared that the several contracts are contracts which, irrespective of form, and had they been made between Europeans, 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 said several contracts were not in any respect contrary to equity and good conscience. 4. It is further declared that the said contracts were fully and perfectly understood at the time they were respectively 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 it is hereby decreed that the said Andrew Eeeves is now entitled to all the right, title, and interest, property, claim, and demand whatsoever of the said above-named vendors in the said Kourateuwhi No. 2 Block in respect of the shares so sold to him by them. And whereas no partition has been made between the said vendors and the remaining owners of the said block who have not parted with their interests therein And whereas all parties have requested this honourable Court to order a partition to be made by the Native Land Court in pursuance of the 24th section of " The Native Land (Validation of Titles) Act, 1893 " Now, therefore, it is hereby directed that the land to be apportioned for the shares and interests so purchased as aforesaid by the said Andrew Eeeves shall be ascertained in the Native Land Court according to the requirements of said section 24 and the course and practice of the said Native Land Court, and upon due ascertainment thereof by the said Native Land Court such further decree shall be made by this honourable Court as shall be just. And meantime leave is reserved for all parties to make to this Court such application as may be deemed necessary Witness the hand of his Honour George Elliott Barton, Esquire, and the seal of the said Validation Court, this 7th day of July, 1894. G. E. Barton, Judge.

WHAREKAKA BLOCK. In the Validation Court at Gisboene. In the application of Andrew Eeeves for the validation of eleven contracts for sale of freehold interests in the Wharekaka Block, situated in the Gisborne Native Land Court District, and within the jurisdiction of the Validation Court sitting at Gisborne. Thursday, the sth Day of July, 1894. Upon reading the application aforesaid of the said Andrew Eeeves, filed in this Court, and upon proof of due service thereof upon the objectors named, and upon hearing the evidence adduced before the Court at the hearing of the said application, and upon reading the several documents exhibited in evidence before the Court, and upon hearing Mr Nolan, of counsel for applicant, and upon hearing Mr. Gould, of counsel for the successors of Tamati Hautapu, and also of counsel for Honiana Tautau, it is declared and decreed as follows:— 1. It is declared that the several contracts made by the following persons, owners in the said Wharekaka Block—namely, Hami Eakaitapu, Pere Eakaitapu, Henare Puhipuhi or Henare Pei, Watarawi Eangi, Arapeta Eangiuia, Eeweti Eangi, Eaniera Turoa, Mokena Huatau, Honiana Tautau, Hare Huatau, Tamati Hautapu—for the sale of freehold interests to the said Andrew Eeeves, free

26