5

G.—2

this portion is the subject of a deed of trust dated the 18th May, 1899, between the Mangatu No. 1 corporate body and the Commissioner of Crown Lands, Hawke's Bay, Henry Cheetham Jackson, and Wi Pere (hereinafter called " the trustees "). By Order in Council (see New Zealand Gazette, 25th May, 1899, page 1014) these three were appointed trustees under the provisions of section 3 of the Native Land Laws Amendment Act, 1897, upon the terms embodied in the said deed of trust. This is the foundation of the present trustees' title; and a transfer to them by Mangatu No. 1 corporate body has been duly registered. Parts of the block were leased for terms of twenty-one years by public auction, and other parts later. A schedule of these leases is attached (see pages 65 to 95 of Exhibit F), showing the present annual rentals to be £3,614, and a form of lease showing the conditions is also attached marked " Z." The Mangatu No. 1 property is included in seven certificates of title as under : — Volume 37, folio 159, Lots 3 and 4 ... 10,888 0 0 Volume 37, folio 160, Lot 2 ... ... 1,391 0 0 Volume 40, folio 249, Lots 5, 9, ciiid 10 ... 9,937 2 0 Volume 44, folio 39, Lots 6, 7, 8, 1.1, 12, 13, 14, 15, 16, 17, 18 ... ... ... 23,327 0 0 Volume 44, folio 274, Lots 19 and 20 ... 5,633 0 0 Volume 45, folio 153, balance ... ... 28,367 0 0 79,543 2 0 Shortage, being errors in first snrvev Roads, &c. ... ... ... ... 682 2 0 . 80,226 0 0. The last title is cancelled as to the western portion, containing 12,110 acres, for which a new certificate of title (Volume 52, folio 43) has been issued. This is Waitangirua, the farm carried on by the trustees. About 59,000 acres are leased, 8,000 still unlet, and the farm area of 12,110 acres completes the block. This farm title is subject to a mortgage to the Bank of Australasia for £10,000, and the remainder of the property is mortgaged to the Public Trustee as security for an advance of £50,000. It should also be noted that section 22 of the Native Land Claims Adjustment and Laws Amendment Act, 1901, validates the above-mentioned deed of trust of the 18th May, 1899, as modified by divers resolutions passed at a general meeting, and the said resolutions and all leases and other dealings granted and effected by the trustees are declared valid and effectual to all intents and purposes. We are in doubt as to what these " divers resolutions " were, but it was suggested by counsel that they were those passed on the 21st September, 1900, copies whereof are attached (see Exhibit 03). We also attach copies of resolutions passed at that time by the committee (Exhibit P3). Also, section 6 of the Native Land Amendment and Native Land Claims Adjustment Act, 1917, provides for an inquiry by the Native Land Court as to certain other persons claiming inclusion as beneficiaries, so that further names may be added to the list of owners. As to Mangatu No. 3: This block, containing 3,680 acres, was originally acquired by Eruera te Awahuku and sixty-six others as from the 13th April, 1881, under the Native Land Court Act, 1880. The owners have been incorporated, and the certificate of title (Volume 37, folio 224) is in the name of " The Proprietors of the Mangatu No. 3 Block." By Order in Council (New Zealand Gazette, Ist November, 1900, page 1989) the Commissioner of Crown Lands for Hawke's Bay, Wiremu Pere, and Henry Cheetham Jackson are appointed trustees under section 3 of the Native Land Amendment Act, 1897, and upon the terms set out in deed of trust about to be