Sale of the Whataupoko Block.

Poverty Bay Standard, Volume X, Issue 1034, 9 February 1882, Page 2

Sale of the Whataupoko Block.

The b.ilc of this property took place on Tuesday last, at Messrs. Pitt and Bennett’s temporary premises in Gladstone Road. Shortly before the appointed hour, 2.30 p.m., the mart was crowded, all classes of the community heine fairly represented. So much public interest has of late surrounded the doings and proceedings generally in connection with this property, that it was but natural that a large amount of concern should be manifested. In a recent issue we recounted generally the legal phases through which this land has passed during the last few mouths. Briefly, then,

IT WILL BE REMEMBERED That the properly was purchased by Mr W. L. Bees, Wi Pere, and Riperata Kahutia, acting as trustees for all of the owners (excepting one), from Mr Percival Barker, for the sum of £47,500, the trustees assigning to the vendor a portion of the land representing in value £20,000, and in security for the payment of the balance, £27,500, with interest at 8 per eent. added, gave a mortgage over 12,100 acres of the block, besides the reversionary interest (if any) in another part of the block consisting of 1,000 acres, and alleged to have been transferred under certain stipulations to Mr Allan McDonald for the sum of £6,500. But according to Mr Allan McDonald’s sworn testimony during the trial at Napier in May last, the actual cash paid by him for this land consisted of £1,500, advanced at different periods to Mr W. L. Rees, who, as His Honor Judge Gillies pointed out, was not at the time empowered to act as trustee for the Natives to deal on their behalf for any portion of the land ; nor even to aet as their solicitor formally appointed. On the 25th of last February the balance of the principal, £27,500, excepting some unimportant deductions, with a large amount of interest that had accrued, was, in legal phraseology “due and owing,” and with every appearance of it remaining so. After repeated

ATTEMPTS On Mr Barker’s part to obtain a’settlement, the land having been practically lying useless during the whole term, he was

ADVISED TO FORECLOSE. Even then he was, to use his own words, willing to defer the sale for a month if the trustees could “ put np a thousand.” For some reason or other the previous lethargic condition of funds seemed to prevail. The desired £l,OOO did not appear within the time appointed. Messrs Pitt and Bennett were notified to

PROCEED WITH THE SALE By order of the Registrar |of the Supreme Court, Napier. Mr Rees and his co trustees, as our renders are all aware, adopted theexlraordi nary course of endeavoring to prove that; the mortgage deed to Barker did not mean, without it set out upon the face of it to mean, namely, that the mortgage fell due on the 25th of February last. To refer to the costly litigation, the anxiety of mind to many persons, and the loss to the public generally occasioned through the futile attempt Io set aside a deed that has been upheld by every tribunal it has come before, and by the five judges of the Supreme Court themselves, would be only useful as indicating into what a terrible engine of oppression tortuous legal proceedings may actually be converted. THE OUTCOME Of all was, however, after twelve months’ litigation, for the second time, that the Supreme Court, through the Registrar at Napier, Mr Paul F. Birch, empowered Messrs Pitt and Bennett to proceed with THE SALE Which took place in the old Courthouse, known in these modern times as “Townley’s Hall,” but the old settlers can carry with them the recollection when thatbuildingwasthe local Temple of Justice, when the European popu-

lation of Poverty Bay in the days immediately after the massacre assembled there; when Major Westrup was in command of the Militia, and Major Pitt was the officer commanding tha then A.C. forces in the district. Thera had been so much fighting in the law courts overthe Whataupoko block, that the old Court-house itself seemed an appropriate place for consummating what is devoutly to be wished, tha termination of a struggle that has been uselessly prolonged. When Major Pitt ASCENDED THE ROSTRUM, Mr Hugh J. Finn, the solicitor acting on behalf of Mr Barker, was close by and held in his hand a voluminous record of the conditions of sale. These Mr Finn soon proceeded to read out, after having first read the decree of the Supreme Court. Generally the conditions of sale meant that Mr Barker did not in the matter of titlo go beyond what the mortgagors conferred. Upon the title of the trustees would be based the title of the purchaser. After the publication of tho decree of the Supreme Court and the conditions of sale, all of which were carried out with due legal solemnity, Major Pitt proceeded to OFFER THE LOTS FOB SALE. Lot 1 comprised 12,400 acres, excepting one or two portions excluded from the mortgage, the land opposite tho township. The flat portions of this land it will be remembered were valued by Mr W. L. Bees at £IOO an acre. We mention this circumstance because it will be referred to further on. Mr W. L. Rees, before any bid was made and with great composure and evident strength of will to suppress the rising feelings incidental to the situation, read THE PROTEST Hereunder re sale of Whataupoko• To the Auctioneers, the Registrar of the Supreme Court at Napier, Percival Barker, Esq., and all persons whom it may concern. On my own behalf, and on behalf of my co-trustees in Whataupoko, I object to and pretest against this sale altogether, on account of the claims of Wiremu Iretoro, Paora Parau, and others, and on account of the notice by advertisement not being in accordance with that required by the mortgage deed ; and partly insofar as re- , gards the thousand acres of the block , at the south-eastern end or point, because they have been sold, and eighty- , five per cent, of the purchase money, namely, two thousand eight hundred and five pounds, paid into the Bank of New South Wales to Mr Barker's credit, in accordance with the terms of the mortgage deed ; and I shall hold all persons dealing with the land responsible. Dated the 7th day of Feb., 1882. W. L. Bees, For self, and on behalf of Wiremu Pere and Riperata Kahutia. Mr Bees further stated that write had been issued. Major Pitt then said “ Well, gentlemen, you have heard the protest.” lifter a pause, and a general look round the crowded building, he continued, “ What will you bid. What will you offer gentlemen for this valuable ” AMIDST GREAT LXI’GHTER, A voice from the centre of the crowd afterwards ascertained to belong to Capt. Tucker, was heard lifted up. The words uttered were these,“l protest also against the sale (laughter) as purchater (increased mirth here manifested itself, and cries of oh 1 oh I with facetious and irrelevant remarks such as “ There’s too much oA-ing, <fcc., were heard). Major Pitt: I am instructed to sell by order of the Supreme Court, and But Capt Tucker’s voice was again heard, and THE PUBLIC WERE STARTLED By the announcement that he had purchased one thousand acres opposite the township of Gisborne for £3,300'! (N.B. —Bees’ valuation, £looan acre. Who wouldn’t hare a friend ?) And that he (the gentleman protesting) believed that 85 per cent, (deferred payment) of the purchase money as provided in the deed of mortgage had been paid into the credit of Mr Baiker in the Bank of New South Wales in Napier, “ and,” remarked Captain Tucker, “ I, therefore, object to that 1000 acres being offered for sale.” And who would not? Is a chance like that to be picked up every day ? We were surprised at Capt. Tucker’s moderation, while we admired that marvellous self-control he must have exercised in not “ going ” for tho auctioneer, rostrum, and all, and by main force staying the sale. We desire to impugn no man’s veracity, but we cannot refrain from observing that either our worthy magistrate, Capt. Tucker, staled publicly what was not true, or he has purchased a remarkably cheap property. We merely refer to tho two alternatives that the former may without a moment’s reflection be dispelled from the mind as utterly void. We would congratulate Capt. Tucker upon the new and valuable acquisition to his landed estate, had we not a hazy notion that by conveying property in that way to the articled clerk, or quondam articled clerk of the legal adviser of the Natives, and their trus-tee-well, Captain Tucker might have his study’ef the law interfered with, owing to the pressure of other business concerns in connection with the new venture. We feel confident that if Capt. Tucker has made a valid purchase of the land, and can >ve a Land

Transfer Title, the intelligence that guided him in settling the Waikanae block, will operate in a tenfold degree to the advantage of the whole community, by him opening to thepublic the sale of the 1000 acres of Whataupoko. It might be here stated that the auctioneer had only received intimation of Captain Tucker’s purchase five minutes before the time of sale. The auditory seemed highly pleased at the revelations that w ere being made. Major Pitt, when the new purchaser had concluded his protest, observed “ 1 hat is the second protest.” (Laughter.) And as no other one was entered THE BIDDING COMMENCED. Mr Dan Page started the bidding. One or two bank managers and other suspicious looking persons of that class began winking and casting mysterious glances at the auctioneer, but nothing came of them beyond a £SOO bid from Mr Matthews of the Bank of New Zealand. A SCABE WAS CHEATED by the murmur that ran round a small circle that a £50,000 man from Hawke’s Bay meant to bid. Mr W. K. McLean asked, after Mr Matthews had bid £SOO, was the sale subject to the mortgage debt. “ I mean,” he said, “to say is the bid of £SOO over and above the mortgage debt ?” Major Pitt: I have an offer of £15,000 for the property, and at that sum I will start the bidding. Mr Finn replied: Whoever purchased under the mortgage did so free •of encumbrance. The Auctioneer said no bid under £SOO would be taken. Mr W. K. McLean wanted to know if the £SOO were to be over and above the amount of the mortgage. It was explained that the land would be sold with reserve. MB PEBCIVAL BABKEB bid £15,000. This was the second or third bid made. A general murmur of satisfaction ran through the room when it was known, and when the property was knocked down to him the applause was considerable. Lot 2 was then put up, and the reversionary interest, if any, knocked down to the same buyer, with the same expression of public feeling, and thus the sale closed.