SALE OF A BLOCK OF 10,000 ACRES OF LAND CONTAINING COAL.

New Zealand Times, Volume XXXIII, Issue 5337, 6 May 1878, Page 3

SALE OF A BLOCK OF 10,000 ACRES OF LAND CONTAINING COAL.

PA PEES AXD CORRESPONDENCE CONNECTED : ' ' 'WITH* {Return to an Order'd/ the House, of Representatives, Xl"■'£ ■-w dated 20th June.' 1&7&.) I 1 "That there be laid upon the table all papers and correspondence connected with the sale of a block of 10,000 acres of land containing coal, in the Parish of Pepepe, near Ngarnawahla, in the Province of Auckland ; together with all applications relating to putting the same. ; up for sale. Gazette notices, surreys; and other matters In.connection with the sale."—(Slf G. Grey.) • ■ •''• no:i;• The Hon. D. -Pollenjo the Secretary for Crown XanM ’ General Government Offices. Auckland, 13th July, Six, r-I beg, to hand you enclosed schedule dfallotments/of confiscated lands in this province proposed, with ‘ the . approval of the lion. Colonial Secretary, to be, offered for sale by auction on the 29th of August next. [No. 2 is an extract from the, New 'Zealand Gazette, 20th July,.. 1872, being schedule of .lafnds.for sale, August 29, 18T2.] If approved I have.to request that the,schedule may bo published oa soon as possible lb.the New Zealand Gazette; *, riff that.2so slips of. the advertisement, in the form of handbills, nuyboprintedand sent to mo. ine allotments in the town of Ngaruawahia, and the acr es at .the.coal mines/numbered xfiS °/ are put up for sale by direction of McLeau.~>l have, Ac., D. Pollen. Commissioner for Crown Lands. , . " The. Secretary lor Crown Lands, Wellington.'. For tire .Hon. Colonial Siwtoiarj'a oyiSoval, anout coal,fields.-rW. 8, JUoonnous*. C. C.L,; Approved,— DoxiiD JlcLeak.—l7th July, 1878.

Lj )i'v ;• ■•. •- Ko,'3. : ,'i . Too Coramlmoncrof Confiscatedlands,Auckland, to Ine Secretary for Crown Lands. General Goverm ment Offices, Auckland, oth August, 1872. Sir,—! nave. the honor-to enclose lor approval by the Colonbl Secretary,'and. It approved, for publication In tnc New Zealand Gazette,. & schedule of allotments of confiscated lands proposed to-be offered for sale by attcHpn °n the 24th of September proximo (see No. 7). schedule of; lands for safe, 24th September, publuhed, in -New Zealand Gazette, 31st -August.}—l nave, ccc,, V, PotLBN, Commissioner of Condswted Lands. ..

‘Xhe Secretary for Crown lands, Wellington. l-.c: , No ; 4/ /; ; ■;■■■■ T Tie Commissioner of Confiscated lands, Auckland, to the Secretary for Crown lands. Wellington. (Tele--SSSKu^ nckl ? na d August. IS72.—Please to delay sc i le( 'hle of lands for sale sent with my in «,V? 1 Instant.'- There are typographical errors whlA ?wi^‘r' 1U uf!^ bUshed in *ew Zealand Gazette wanfthim 'lots from sale. X PoiL* ” dM iu tllo published list.-D Secretary Crown lands, Wellington. ■■■■■■' lth^*beeldont-wTM. lDgl), ’ a "‘ I tcl ° i,rapll tl,ab *> Commissioner, aTi T**' Ay. a Mo^Hoosi*,

■ ■ JNO.C/ " raent. Offices,. Aucklancl, 10th, August, 1872.—Sir— - With reference to my , letter No. SOI, ofilateiith Augustinutnnt, and tb.lny telegram of this date X have to requeat that you will bo good onou K h to a<la tho allotments specified Intho memorandum annexed to the schedule of, lands, for Sale, tnuuniitted for ap- • prova and publication with tho letter above tioned (see No, 7). , X have beehobllged:to 1 withdraw the Nganwwahla allotments from tale because of typographical errors In the description published In ■ tf'o& w - GmUe of tlio 20th, July hltlmo. Iheptber lota have boon recently l : applied for by intending purchasers.-! have, til, D lev. Com. mlsdonct Couflecatod Lands. ’ The Secretary for Crown Lands; Wellington;" : 1 ' • B Hon. Colonial Secretary.—KecbtnmenUod.—W. ‘August, 1870.—X’or the Hffir Sr? s. cobi-Eu.-22aa August,. 1876.—Approved.— X), McLean. Hon, the Defence Minister to the Hon. Dr. PgUw, (Telegram.) Wellington, 24th August, tfja, X<*l a * f >'.*{'

Do you see any difficulty in having the sale of land at Ngaruawahia instead of at Auckland._ People there complain of having to go ft great distance, at much inconvenience. —I>. McLean. lion. X>r. Pollen, Auckland. No. 9. Mr. Cooper to Dr. Pollen, Auckland. (Telegram.) Wellington, 2Gth August, 1872. Sir. McLean wishes the Waikato lands withdrawn from sale on 29th, and fresh notice issued, fixing sale of Waikato lands to he held at Ngaruawahia. G. S. Cooter. X)r. Pollen, Auckland. No. 10. v Mr. Coop?r to Dr. Pollen, Auckland. (Telegram.) Wellington, 30th August, 1872. Waikato lands taken out of notice for sale on 2-itli September, at instance of residents Mr. McLean wishes you to prepare a notice for sale of lands from Ngaruawahia at a convenient date.— G. S. Cooper. Dr. Pollen, Auckland.

No. It. The Commissioner of Confiscated Lands, Auckland, to tho ITon. the Colonial Secretary. General Government Offices, Auckland, 14th September, 1872. Sir, -—Xu tho New Zealand Gazette No. 26, of date 20th July ultimo, there was published a schedule of allotments of confiscated land proposed to be offered for sale by auction at this office, on tho 29th August uit. On’the 20th August. I received from tho lion. Mr. McLean a telegram dated 24th August, copy of which is annexed (see No. 8); and a few minutes afterwards, on tho same day, I received from Mr. Cooper a telegram, copy of which also is herewith (see No. 9). In obedience to this instruction, I published in the local newspapers a notification that certain specified iota had been withdrawn from sale. On the fith of August, with my letter No. SOI, I forwarded to tho Secretary for Crown Lands a schedule of allotments of confiscated lands which I proposed to offer for sale by auction on-the 24th September instant. On tho 30th August X-received from Mr. Cooper a telegram, copy enclosed (sco No. 10), saying that the Waikato lands had been taken out of the schedule last above mentioned, andin Guzette No. 42, of date 31st August, a portion of that schedule was published, but as tho ■ notification is Irregular, being less than a month, those lands also must he withdrawn frorasalo. Enclosed is schedule for approval, containing all the allotments before mentioned as having been withdrawn. and for publication, if approved, in tho Now Zealand Gazette. I propose .Friday, tho IstNovembcr proximo, as the day of sale, and that tho place of sale shall be tho Waikato Lands Office, in Auckland. I am not in possession of the circumstances under which the Hon. the Native Minister was induced to direct that tho futurd*salos of Waikato land should be held at Ngaruawahia. but I-beg leave most respectfully to observe that the public interest will not be served by so doing. . Considerable expense will necessiirily be involved in holding a land sale at Ngariiawahia, and, as the bulk of tho purchasers are resident in or about Auckland, there will bo in such case an absence of competition at tho sale, which will seriously affect the proceeds. I never before heard of any complaints on the part of intending purchasers resident at Opotild, Tauranga, or Waikato, about the holding of land sales in Auckland ; and if Inconvenience lias been experienced, it has been so small and by so few persons, that in my opinion a sacrifice of the general interest is not required to obviate it.—l have. &c., D. Pollen, Commissioner of Confiscated Lands. The Hon. tho Colonial Secretary, Wellington. Enclosure In No. 11. Notification. , , The Government have ordered the allotments in the undermentioned localities, advertised for sale at the Waikato Lands Office,. Auckland, on tho 29th of August instant, to be, withdrawn from sale, viz,— Towns of Ngaruawahia, Hamilton West; parishes of Pepepe, K'dkiriroa, Komokorau, Hautapu, Pirongia,’ Ngaroto, Tuhikaramea, Mangapiko, * Te Papa, Pimiu, Pukekura.-—D. Pollen, Commissioner. 1 Auckland, 26th August, 1872. . ' ■ ; No. 12. ■

The sale should ho postponed to the Ist of December next, and notified in General Government Gazette for that date; it should also bo held at Ngaruawhia, to meet the convenience of resident settlers, who should nob be put to the expense of going to Auckland.—D. McLean. 26th October, 1872. No. 13hlr. Masters to Mr. Lewis. Mr Lewis, —A sale of confiscated lauds is to take placo at Ngaruawahia.: Can you inform Mr. Haughton what building in that place would be suitable to hold the sale in?—H. J,. Wellington, 26th October, 1572. No. 14. ’ Mr. Lewis to Mr. Masters. Mr. Masters, —There is a building formerly used as a milifcaxy hospital, which, I think, would answer the purpose; but I cannot bo certain, Mr. Sinclair would know. — T. W, Lewis. Wellington, 26th October, 1572, ‘ No.' 15. The Commissioner of Confiscated Lands, Auckland, to the Under Secretary for Crown Lands. (Telegram.) Auckland, 28th October, 1872. lie land sale, hospital buildings, Ngaruawahia. place of sale ; Will it.notbe better to divide schedule, and make two sides ? There are allotments atTauranga, and others in the immigrant settlements near Auckland,‘included in the .list. - It will be hard to oblige all intending purchasers to go f to Ngaruawahia.— D. Pollen.

’• C. B. Haughton, Esq., Wellington. . ' • No.vlO. The Under-Sccretary for Crown Lands to Dr Pollen, Auckland.—(Telegram.)—Weliintgon, 29th October, 1872/—State what lands you wishsold in Ngamawahia, and what ones should be sold in Auckland. Will Ist December do ?—C. E. Haughton. • ' ! Dr. Pollen; Auckland. No. 17.

The Commissioner of Confiscated Lands, Auckland, to the Undor-Secrotary for Crown Lands.—(Telegram.) —Auckland, 30th October, 1872.- —Jie land sale; Town Ngantawahia, town ‘ Hamilton West, parishes Kirlkiroa, Hautapu, Pirongia, Ngaroto, Tuhikaramu, Mangapiko,-Te, Papa, Puniu; Pnkekura, may bo sold at Ngamatrahia at noon on Tuesday, 10th December. The other allotments in the schedule to bo sold at Auckland on Tuesday, 3rd December.—D. Pollen. C. B. Haughton, Esq., Wellington. No! 20. Waikato Steam Navigation and Coal Mining Co. (Limited), Ngaruawahia, Ist September, 1873, Sir.— Would you have tho goodness to inform me, by re* ! turn of post if possible, whether I can now take up the 10,000 acres of land which we had put up for sale by the Government on the 3rd December last? Tho dxock is in mi? ut x'cpepe; irnihalo,—x uavu, &c„ R.-It. Hunt, Manager. T. Heale, Esq,, Waikato Lands Office, Auckland. No. 21. Mr. Heale to the Hon. Dr. Pollen. (Telegram.) Auckland, 6th September, 1873.—Can Navigation Company take the Kupapuka coal block at the upset price ? Put no at £3750. No bid.—T. Heale. Hon. Dr. Pollen, Wellington. ; ..... N0..22 ‘ The Commissioner of Confiscated Lands, Auckland, to the Inspector of Surveys, Auckland. (Telegram.) Government'Buildings, Bth September, 1873. —The Kupakupa block is open for sale. Any person who desires to purchase can take it on ;payment of tho price/— D. Pollen. The Inspector of Surveys, Auckland. ■ No. 23. ; . Mr. Heale to Mr. Hunt. Waikato Lands Office, Bth September, 1873. Sir,—ln reply to your letter of Ist instant (only received on the sth), I.have the honor to inform you that it is open to you or to the public to take <up the Mock which was offered fer sale on paying the upset price.—I have, &c., T. Heale. • it. It. . Hunt,. Esq., Manager Waikato Steam Navi- : - ' gation and Coal Company, Ngaruawahia. ' :i ; ' L - N0..24 ' The Commissioner of Crown Lands, Auckland,,to the Under Secretary for Crown Lands.- Crown Lands Ottice, Auckland, 4th November, 1875.—Sir,—T have the honor to forward herewith, for cancellation, a ; Crown grant in favor of Messrs. Whitaker, Russell,, Mackclvie, and Aitkeii; of lot No. 166, of the Parish of Fepepe. Mr. Whitaker objects to receive this grant in its present form, owing to the omission in the habendum thereof of the words “as tenants in common.” I enclose, for execution, a draft Crown grant of the said lot, with the words V as tenants in commoh” iii'erted therein.— V have, &c., D. A. Tole, Commissioner of Crown Lands. • - : The Under Secretary for Crown Lands, Wellington. No. .25. ; The Under Secretary for Crown Land's, Auckland, to the Solicitor-General, and Reply.—Tho SolicitorGeneral, —Should the Government be advised to cancel the grant for the reason assigned?—O. E. Hauohton. —10th November, 1876. . * Mr. Haughton,—Can you tell me how the grantees purchased? Dirt they state in their application that they purchased “as tenants in Common ?” There is not sufficient information hero to enable me to decide. I should like to have copies of the application to purchase, &c.—W. S. Reijx—l6ih November, 1875, • •'■■■ " : No. 26.

; The Under-Secretary for Crown Lands to the Commissioner of Crown Lands, Auckland.—Secretary for Crown Lands Office, Wellington, 18th November, 1875.—(Memorandum No.' 527,)—The Commissioner of Crown Lands at Auckland is informed; in reply to his letter No. 60(5, of the 4tii instant, forwarding a Crown grant in favor of, Messrs. Whitaker, and others for cancellation on account of Mr. Whitaker’s objection to receive the grant without the words' "as tenants in common ’’ inserted, that before any decision can bo made in this matter, information upon the following points is .necessary;—How the grantees purchased? Whether they stated in their application that they purchased, as tenants in common? Copies of the application to purchase should also bo furnished.—C. E./Hauoutoit, Under-Secretary for Crown Lands,

AIO. z/. The Commissioner of Crown Lands, Auckland, to the Under Secretary, "Wellington.—Crown Lands OfHoo, Auckland, l/ih. December, .1875.—Sir,—In reference to your memorandum. No. 627, of .date 18th November ultimolWthe subject of Mr. Whitakers objection 1 to receive a Crown 1 grant of Lot 160, Pepepo. issued in favor of Mr Whitaker and others, owing to the ’omission of.the words “as tenants in common,” I have the honor to enclose; a copy of Mr. Whitaker's application- or 1 tho-land in question, together with a copy of Mr Sinclair's memorandum thereon.—l have, &c., D, A, Tolb, Commissioner of Crown Lands. ' . - >. „/*. .? ! The Under Secretary for Crown Lands, Wellington. > J ISnolosure 1 in’ No. 27. Application for Lot ICO; Pepepo. (Application No. 408.) Special Bural Land/Waikato. Auckland, 2nd day of October, .1873. Sir,-!, hereby apply for- Lot No; 160, being coal field situate In tho Parish of Ponene. containing 0850 acres; and tender in payment .thereof the,-sum of £3093 155.—1 have, &c,, Prbdekick Whitaker, Auckland, solicitor. The Commissioner of Waikato Lands; Payment received.—Beccivor of Landßcvenuo, * Enclosure 2 in No. 27. .. 'Mr. Sinclair, Auckland, to the Under Secretary for Crown Lands.—3rd December, 1876.—The land was ’purchased by Mr. Whitaker, and a grant was,prepared accordingly. Before tho grant was forwarded forsig-. nature, Mr. Whitaker requested tho insertion of the additional names .which now appear in the grant as “ tenants' in common.” The .words were omitted through an, oversight when re-writing tho grant.—A. ; SINCLAIR, - , Tho Under Secretary for Crown Lands.. . , ‘ ' V.’ No. 28. '-jr.' ; ■ , The Under Secretary for Crown Lands to the Solicitor General.— 28th Decomber, 1875.—This is tho information asked for in your minute of 10th November, 1875 (sco Enclosures 1 and 2 in No. 29),—w L. llAucmioN. . . - ' Tho SoUcitor-Conoral. ", ;v v.No. 29., • ; r Tho Solicitor-General to .the Under Secretary for Crown December, 1875.—1 t seems tamo that, strictly speaking, the grant should not have been altered, as originally required by Mr. 1 Whitaker. .Ho bought in his owp name according to tho application herewith,'and in that name the-grant should have been made put. However, T observe that a grant was mad® but,, to.- several grantees,that tho. words “as • tenants Mn .common” wore omitted in error, and ' that ■ tho .grant . has been executed and registered. It. is now perhaps too hU® to Insist that Mr; WhUaKor should take tho land in hl« own name.? That would iliavobeen tho proper courao,iandl,thlnk the attention of tho Commissioner at Auckland should bo called to tho. circumstance. Thero is really no record that tho other names associated with" Mr.! Whitaker hayo any right to bo in tho grant at all.'' Mr. Sinclair's memorandum la tho only authority lor saying that Mr. Whitaker desired these names to bo put in tho grant; at least, nothing also ■ upP&wTqn theso" papers,. , I thiuH Wf. WhUftlws

should supply this; and:that the Commissioner at Auckland should make a statutory declaration as to the facts before the Governor can be advised to take uny action herein. Evidence should also bo furnished that the land has not been alienated or dealt with since the date of the first purchase. ll -W. S. Beid. The Undcr-Secretary for Crown Lands. No SO. • Tho Under-Secretary for Crown Lands to the Commissioner of Crown Lands, Auckland. D* re Crown grant of lot ICO, Pepepe, to Mr. F. Whitaker. —Bth January, 1870.—The opinion of the Solicitor-General in this case is forwarded for tho information of the Commissioner, who is requested to take the necessary action indicated therein. — C. E. Hauoiixon, Undersecretary for Crown Lands. . The Commissioner of Crown Lands, Auckland. N 0.31. ' . . The Commissioner of Crown Lands, Auckland, to tho Under Secretary for Crown Lands. Crown Lands Office, Auckland, 7th April. 1870. Sir,-1 have tho honor, in conformity with the terms of your memorandum No. 2, of tho StU January last, requiring mo to take the necessary steps indicated by tho SolicitorGeneral in the opinion accompanying the memorandum of number and date above quoted, to forward to you tho enclosed statutory declaration by Mr. Whitaker in relation to the Crown grant of allotment No. 100 of the Parish of Pepepe, District of Waikato. I also beg to enclose a statutory declaration by myself on the same subject.—l have, &c., D. A. Tole, Commissioner of Crown Lands. w „. . The Under Secretary for Crown Lands, Wellington.

Enclosure 1 in No. 31. . [ Statutory declaration by Frederick Whitaker.—l, Frederick Whitaker, of the city of Auckland, in the colony of New Zealand, solicitor, do solemnly and sincerely declare as follows :—l. That on the 2nd day of October, 1873, I made application to purchase all that allotment of land No. IGG, of tho parish of Pepepe,' district of Waikato. 2. That such application was made by mo for and on behalf of myself, Thomas Bussell, James. Williamson, James Tannock Mackelvlo, and William Aitken, in equal shares, aud tho purchase money thereof was paid by tho said several persons in equal proportions—that is to say, every one of tho said persons paid one-fifth part of the said purchase money, 3. That the said allotment of land has not, nor has Any part of it, been alienated or in any other manner dealt with since the said 2nd day of October, 1873, the date of the said purchase; and the said allotment of land is now the property of me the said Frederick Whitaker, Thomas,, Bussell, James Williamson, James Tannock Mackelvic, and William Aitken, free from incumbrances in equal shares. 4. And I make this solemn declaration conscientiously believing the same to bo true, and by virtue of ati Act of tho General Assembly of New Zealand intituled tho Justices of the Peace Act, IB6o.—Frederick Whitaker.

Declared at Auckland the fourth day of March, one thousand eight hundred and seventy-six, before me— W. S. Hurst, Justice of tho Peace. Enclosure 2 in No. 31.

Declaration by Commissioner of Crown Lands, Auckland.—l, Daniel Austin Tole, Commissioner of Crown Lands for the Province of Auckland, do solemnly and sincerely declare as followsl. That a Crown grant has been issued in favor of Frederick Whitaker, Thomas Bussell, James Williamson, James Tannock Mackelvie, and William Aitken, for lot No. IGO. of tho Parish of Pepepe, in the District of Waikato. 2. That in the habendum clause of.the said Crown grant the words “as tenants in common and. not as joint tenants” were inadvertently omitted to be inserted, therein. 3. That the said allotment of: land has not been alienated or dealt with since the date of the first purchase, viz,, the 2nd day of October, 1873. 4. And I make this solemn declaration’ conscientiously believing the same to be true, and by virtue of an Act of the General Assembly of New Zen-; land intituled the Justices of tho Peace Act, 18GG. — D. A; Tole.—Declared at Auckland, the seventh day of April, one thousand eight hundred and seventy-six, ; before me— Reader G. Wood, Justice of the Peace..