Poverty Bay Standard. PUBLISHED EVERY TUESDAY, THURSDAY AND SATURDAY MORNINGS. Saturday, March 25, 1882.

Poverty Bay Standard, Volume X, Issue 1053, 25 March 1882, Page 2

Poverty Bay Standard. PUBLISHED EVERY TUESDAY, THURSDAY AND SATURDAY MORNINGS. Saturday, March 25, 1882.

In referring to the recent gazette notices issued by Government for the information of Natives respecting alienation of lands, we stated that the Trust Commissioner was averse to accepting ‘the declarations of therein referred ito, and deprecated the circumstance as calculated te retard the despatch of lands transfer. We find that we have this matter done Mr. Price some injustice, and, therefore, with a view to just reparation, will endeavor to place before eur readers a brief digest of the matter. In the first place no deed or other instrument affecting the alienation of Native lands can be registered in the Deeds Office untilthe Trust Commissioner has satisfied himself of the lona fide nature of the transaction concerned, and endorsed such deed by his certificate. Lately a point arose in this district as to whether or not the Trust Commissioner was empowered by statute to -endorse his certificate upon deeds relating to lands held under memorial of ownership. That question is now the subject matter of an appeal before the Supreme Court, but the importance of the question itself may be estimated by the fact that it affects almost every acre of land in this district, comprising an area of some hundreds of thousands of acres, adjudicated upon by the Native Land Courts since the Ist of January, 1874. Until this question of appeal is decided, the Trust Commissioner’s duties will not be of so onerous a character as they have been in the past. lu bhe meantime, pending such decision, it would doubtless entail absolute ruination upon many Europeans, besides materially affecting the general prosperity of the district, if land matters were to come to an absolute deadlock. The evil so entailed would bear, though unequally, very heavily, upon a large portion of the Native population, for in the majority of instances the lands they are selling pursuant to old agreements entered into, are fern-covered hills, or forcst-clad mountains, devoid of habitation and difficult of culture, thoroughly valueless to the Native except as regards prospect of purchase by Europeans, and of which the present generation of Maoris know little or nothing excepting what they have gathered from tradition and the teachings of old patriarchs such as Ihaka Ngabangione and his compeers. As a body the Natives are willing and anxious to sail their lauds, with various objects in view. Some wish to build themselves substantial dwellings, seme to pay their debts, to educate their children, and not a few hail with delight the prospective power of “ knocking down ” the proceeds in the well known manner so often and sadly brought under notice. There exists a clause in the new regulations to the effect that no Commissioner shall enquire into any proposed alienation unless all stamp duties payable on deeds, in respect of such alienation, have been paid, and the instrument evidencing the same apparently executed in accordance with the provisions of the Acts for the time being affecting the execution af such instruments by Natives. Now it is impossible to assess the stamp duty until the amount of purchase money is determined, and the purchasers title complete, but such title cannot be completed without the Trust Commissioner’s certificate, while the European purchaser wilt naturally enough decline to pay, as is frequently the case, hundreds of pounds for stamp duty and law costs, being without a shadow of legal title to property which he has actually paid for. The use of forms of declaration such as issued under the new regulations obviates this difficulty, .and places Native vendor and European purchaser on a safe and equal footing, while they undoubtedly relieve the Trust Commissioner in many instances of super fluous and irritating trouble. The European purchaser makes a declaration, according to form B, to the effect that he has acquired a certain interest from a Native specified, and that a stipulated amount, also clearly specified, has been paid therefor. The

Native vendor, on the other hand, signs a form (C) in Maori and in English, declaring that he is the person named in sueh form, that he has sold his interest to the other person therein mentioned, that he has no objection to make to the alienation, and that such alienation is not in contravention of the law, and that liquor, guns, or ammunition form no part of the consideration in respect of such alienation. Manifestly the intention of the Government in the wide circulation of the Native Lands Fraud Prevention Act, and the declaration before mentioned, is that the old maxim, “ Ignorantia leg is neininem excusat," may apply equally to the Maori with the European, and therefore it was with surprise that we heard, what we now find to be an exaggerated impression, that Mr Price had set his face against the acceptance of these declarations —an impression which we feel bound at the earliest opportunity to remove. No Trust Commissioner in the Colony has had more arduous or thankless tasks devolving upon him during the past two or three years than has fallen to the lot of our Commissioner, and we hasten gladly to repair an error into which we have been inadvertently led. In the meantime it will gratify many persons, and prove highly conducive to the benefit of the District by the impetus so given to circulation of capital, to know that the declarations required under the new regulations, where the person concerned cannot be personally examined before him, will be received by Mr Price. Of course where objections against the granting of any certificate to which these declarations may be a necessary prelude, are lodged, the usual course of hearing both sides will be followed, otherwise the Commissioner could have no means of satisfying himself as to the right and justice, or vice versa, of affixing his signature to the certificate necessary to the legal completion under existing laws of any deed in respect of alienation of lands by Native owners.

Ox Wednesday next the Cook County Council will go to the poll on the £7OOO loan question. We have been unable t-o glean much information respecting the feeling of ratepayers generally in favor of, or against, this measure, and for such information as we possess concerning the matter we are indebted to the courtesy of the Council’s officers. While hesitating to advocate boldly a measure of which our knowledge is, therefore, more limited -than we could wish, we look upon road improvement generally as so important and beneficial a measure, that in itself it offers a premium for advocacy. The Council propose to raise a special loan of £7,000 for expenditure on the Patutahi-Wairoa, Waipaoa-Maka-raka, Grmond-Makaraka, and Makaraka-Town Boundary roads, in metalling, draining, and forming. The -item metalling constituting, of course, the highest charge in the expenditure. This sum the Oounoil consider will involve no extra taxation, while-the security given is to be a special rate of 2 per cent, on the annual rateable value of all -property within the County, for a period of ten years, which at 2 percent, on the present valuation of £40,000 gives £BOO, a sum which may naturally be expected to increase largely as years go by. The principal argument in support of this loan is that the proposed expenditure is to be made on the main arterial roads of the district, which, to render expenditure on -the smaller veins necessary or judicious, must be in a condition to receive the large convergent current of traffic which is already existent, and which will doubtless increase in proportion as good and permanent highways are opened. With a view to making these arterial highways capable of fairly supporting the taxation of wear and tear thus imposed upon them tiie Council have decided on using limestone from the Patutahi Quarry in lieu of the wretched makeshift afforded by river-bed material. This will multiply the immediate price of material by four, but the equivalent advantage in wear and tear will be greater, as Mr. Winter calculates, than four to one. The Council reckon upon a saving during the first six years of £BOO per annum in road maintenance alone, at the expiry of which period large renewals will be necessitated. But, taken in addition to the improved value of property, such a saving is an all important and recommendatory item, and one which demands serious consideration in connection with the proposed loan. That these important works are only the forerunners of the intersection of tbo district by a network of thoroughly permanent roads, we hope and believe ; but we can easily understand that the scheme must meet with a good deal of opposition, reasonable and unreasonable. There are many points wiiich neither time nor space allows us presently to discuss, but which we hope at no distant period to lay fully before our readers. At present we can only express our hope that every ratepayer will go to the poll and record his opinion on the matter by voting for or against the Joan in such manner as may appear to him just and right. We would rather see the money voted than refused under all the circumstances ef -which we are at present aware, but we should like to be more behind the scenes before pledging ourselves to one side or the other.

We are much pleased at being able to state that Dr. Burton is -progressing favorably, although slowly, towards recovery. Mr. W. P. Finneran, Architect, invites tenders for the erection of a fever ward at the Gisborne Hospital. Tenders to close at 12 o’clock on the 30th instant, at his office, where plane and specifications may be seen. Messrs. Winter and Haig invito tenders for cutting drains on Patutahi-sections 13, 14, 15, and 3.6. The time for closing these tenders is notified as 4 p.m., on Thursday, 30th instant, at Messrs. Winter and Haig’s Office, in Lowe-et-raet, where plans and specifications may be seen. Mr J. O. Barnard, Inspector of Surveys, invites tenders for the construction of a bridge across the Mangapwpa Creek, Whataupoko. Tenders marked “ Tender for Bridge,” and addressed to the Inspector of Surveys at the Survey Office, Gisborne, where particulars may be learned, and specifications seen, will be received up to noon of Wednesday, the 29th inst. The lowest, or -any tender, will not steeessariiy be accepted. Mr E. K. Brown, Cuetom Mouse-street, notifies elsewhere the arrival of his first shipment. of winter and autumn drapery goods, saddlery, and groceries. Mr Brown, who is also agent for the United Insurance Company, executes orders on commission, and allows a liberal discount on all cash transactions. His goods are too numerous to particularize, comprising, us they do, Clothing material, Blankets, Hats, Fancy Goods, Ironmongery, Glassware, Crockery, and produce of every description.