NATIVE LAND COURT.

Poverty Bay Standard, Volume X, Issue 1070, 6 May 1882, Page 2

NATIVE LAND COURT.

Seldom has there been such an array of legal talent gathered together in the Native Land Court in Gisborne, as there was yesterday morning. Punctual as is their wont their Honors Judges Brookfield and Puckey took their seals in the Court precisely at 10 o’clock. There had been some slight whispering that “ something ” was “ on,” but what particular form the said “ something ” was to assume, was lost in the realms of the imagination. A glance at the contending forces soon revealed the true position. Mr W. L. Rees stated that the application before the Court was one from Wi Pcre, one of the Native owners of the Waipaoa Block ; and, also, an application from Messrs Coleman and Clark, Trustees in the estate of the late G. E. Read, deceased, to reverse an order recently made by the Native Land Court now sitting, that a certain survey lien of £BOO be registered in favor of Mr O’Meara, Surveyor, the lien in question having been assigned to Mr Robert Cooper. Mr Rees argued at some length the various reasons why the recent order of the Court should be reversed. On the 23rd of March, 1881, the learned counsel averred that Mr Ward, as solicitor for Messrs Coleman and Clarke, appeared before their Honors Judges Heale and O’Brien, in the Native Land Court in Gisborne, and put in a certain agreement made and entered into during the previous November. The agreement itself was not read, but the effect of it was that Mr O’Meara assigned to Read’s Trustees his right to receive a sum of £1,400, survey charges over the Waipaoa block. About a fortnight after the application made by Mr Ward to their Honors Judges Heale and O’Brien, Mr Cooper applied to have a survey lien for £BOO registered against the same block. Their Honors, it was alleged, had refused to do so, the £BOO having been already included in the application for the £1,400 already brought before the Court, Mr Cooper admitted at the time that the £BOO did form part of the £1,400. On the Ist of April, 1882, Mr James Mackay made application to their Honors Judges Brookfield and Puckey, on behalf of Mr Robert Cooper, to have a survey lien for the sum of £BOO registered. Paora ITaiipa, one of the Native owners, was sworn at the time, and he also asked that the lien be registered in favor of Mr Robert Cooper, who had paid Mr O’Meara the sum claimed, Cooper having transferred hie interest to Messrs Muir, Finlay, and others. The amount it was alleged, was apparently certified to by Mr Featon, of the Survey Department. The implication was nothing more nor less than that Mr Featon’s certificate had been forged to the document produced by Mr Mackay, and upon which document the leorned counsel cited various grounds for Court had endorsed “Let the lien be registered.” Mr Rees, in concluding his opening remarks, urged forcibly that the order should be reversed, as the Court had been duped into making it. Air James Mackay, with great warmth, took exception to the expression that the Court had been “ duped.” He had appeared before the Court in the capacity of a land agent, and as an officer of that Court such an

expression as that used was altogether unwarrantable. Mr Mackay declined to produce any document to which the unpleasant allusion related, and also declined to give any evidence unless his expenses were paid. He had important land negotiations under weigh, and he did not know why he should be called away from his business without being compensated. Mr Whitaker : I submit, your Honors, that the Court has the power to order the production of the document purporting to bear Mr Featon’s certificate.

His Honor Judge Brookfield : Mr Mackay, have you got this document in your possession ? Mr James Mackay : I do not think I am entitled to answer that question until my expenses are paid. His Honor Judge Brookfield : You must answer the question. Mr James Mackay: Then I have not the document in my possession. I wish to state to the Court the position in which I stand. I am accused of having “duped ” the Court, and it is intimated plainly that the “ duping ’ consisted of forgery. Well, then, if that be true, and if a forgery has been committed, why should I produce evidence to criminate myself. I gave the document to Robert Cooper with the consent of O’Meara. His Honor Judge Brookfield : Mr Cooper, do you know where the document is ? Is it here ?

Mr Cooper: Yes. His Honor Judge Brookfield: Then you must produce it. The interest in the general proceedings had now reached the highest possible pitch. Mr Robert Cooper slowly withdrew the mysterious and alleged-to-be-forged document from his trousers pocket, and amid feverish anxiety it was eagerly scanned by the members of the legal profession. His Honor Judge Brookfield : Where is Mr Featon ?

[Hereupon all eyes were cast towards that part of the building occupied by the ActingDeputy of the District Surveyor, for upon him devolved everything], Mr Whitaker: Would your Honors mind my seeing the document ? His Honor Judge Brookfield then handed the precious record to Mr Whitaker, when it was searchingly scrutinized. His Honor Judge Brookfield: Mr Featon (document handed to Mr Featon) you need not answer any question at present until you have made up your mind. Mr Featon after having made up his mind said, “ This is my signature and my handwriting, but I have no knowledge of the document.” (Sensation). Mr Featon : I have not the slightest knowledge of it. It is certainly my writing Mr Robert Cooper : Perhaps if Mr Featon is sworn I can re-call the matter to his memory. Mr Whitaker: Yes, Mr Featon will be sworn. Mr Rees : Will your Honor let Mr Featon be sworn ? Mr Featon, sworn : My name is Edward Henry Featon. lam an officer in the Survey Department. (Document handed to Mr Featon) I cannot exactly recall the document in question to my mind. I see the endorsemeet on the back of it. It is in my handwriting. Ido not remember anything about the document. I see it relates to the survey lately performed by Mr O’Meara over the Waipaoa No. 2 block. His Honor Judge Brookfield : Do you not recollect putting your name there ? . Mr Featon : I do not distinctly recollect. Perhaps Mr Cooper can recall the circumstance to my mind. Mr W. L. Rees : Do you remember giving a former certificate ? Mr Featon : Yes, I can faintly recall to my mind something about it. I think Mr O’Meara brought the present document to me, but I am not sure. Mr Rees : If you certified to a former one, why did you certify to this ? Mr Featon : Because it was a fresh survey. Mr Rees : Are you certain of that ? Mr Featon : Yes • it was a recent survey made by Mr O’Meara. His Honor Judge Brookfield : Are the plans here ? (Map after a little delay produced.) Mr Grey, Clerk of the Court, in reply to a question from their Honors, stated that he was not aware of any lien for £l,lOO being registered. His Honor : No lien is shewn to have been registered. Mr Featon continued : His impression when he signed the certificate was that the £BOO was included in the £1,400. Cross-examined by Mr Cooper: Did not distinctly recollect signing the certificate. Did not distinctly recollect making up calculation shewing that according to Government rates this cost would be £730, but as £BOO was agreed upon, and as it was a reasonable charge, he certified to that amount. Witness had read the Judge’s pencil note before certifying to lien, and he remembered Mr James Mackay calling his attention to Paora lliupa’s certificate before he (witness) signed the document. As far as witness knew Cooper had employed O’Meara to do the work. The note in the minute-book of the Court was read, and was to the effect that the claim for the £1,400 was ordered to be registered subject to the taxation of the survey charges by the proper officer, but no final order was made.

E. ff. Ward, called, examined by Mr Rees : I am a solicitor, and am aware of transactions relative to the Waiapaoa block. The agreement produced between Mr O’Meara and the Natives was attested by me. It was afterwards assigned to the Rev. Williams and McFarlane, and then to Coleman and Clark. I applied to Judges Heale and O’Brien to register the lien produced on 31st March, 1881. It was granted. Subsequently, on 13th April, 1881, Mr Cooper applied to have registered a lien over the same block for £BOO, which was refused on the ground that it formed part of the same block. I opposed the application. The monies to Mr O’Meara for the surveys have been paid by Read’s Trustees. Mr O’Meara has been paid in full, £516. I produce his receipt. Mr O’Meara has received a considerable sura from Read’s Trustees prior to this for this survey in addition to the £560. Another sum of £2lO for a bill from Mr Cooper to Mr O’Meara, I discounted. It was debited to Read’s Trustees by me. Cooper was aware to the best of my belief of the whole transaction in this matter.

By Mr Cooper: I cannot say when the transfer occurred to Read’s Trustees. You were the prime mover in the whole matter of the transfer, and also in the payments to O’Meara. You had a current account in Read’. Estate. I don’t recollect you telling J. S. McFarlane that I paid £BOO for this surveys I believe the receipt produced for £BOO is signed by Mr O’Meara. I did not register the lien behind your back, and knowing you were away. You have been settled with in fulljby Read’s Trustees. I had nothing from Air O’Meara on account of this lien.

By Mr Rees: I have had a conversation with Mr O’Meara, and he told mo all he got from Cooper was £2lO, which was debited to the lien.

John Coleman, examiaed by Mr Rees : I am managing agent in Gisborne for Read’s Trustees. I produce an account of items paid to O’Aleara on account of this survey. The £945 does not include the £2lO, or the £lOO or £2OO paid in Auckland. It was either £lOO or £2OO paid in He admits

£2OO. The sum actually paid to O’Meara would be about £1355. By Mr Cooper : These moneys appear on the books as having been paid for Waipaoa survey. The £lOO is the only amount that is charged against you. Mr R. Cooper stated that he employed O’Meara on behalf of Paora Hapu and others in the Waipaoa block. The arrangement was 40.000 acres, £BOO ; exceeding that, pro rata, and any subdivision, according to Governmei.t rates. Up to July 2nd, 1879, I paid him £BOO. Mr J. S. McFarlane, one of Read’s Trustees, being then in Gisborne, I asked him if they would take over the lien and pay me the £BOO, which I had paid to O’Meara, and pay any further sums that might be due conditionally on the survey. Ho refused until the lien was registered, but would advance any balance to O’Meara in consideration. I knew of no transfer of lien from O’Aleara to Coleman and Clarke, until my return from south after six months’ absence. When I heard that the opposite side were endeavoring to register the transfer in my absence, I opposed it strongly in court with Judge Heale. I also produced the receipt for the £BOO, Messrs O’Meara and Ward being present. Judge Heale could only recognise the surveyor as having right to register the lien. When registered, transfer might be made at will. He would refer the account of the £l4OO back to Chief Surveyor.

Their Honors retired for consideration, and on resuming their seats, said that the £BOO formed a part of the £l*loo lien already alledged to have been registered, and after hearing and carefully considering the evidence, held no doubt that the lien of £l4OO had been properly entered on the books of Read’s Trustees, and also held that the £BOO formed a portion of that sum. Air O’Meara, being bankrupt at the time of the lien being executed, had no power to ask for registralion. Mr J. Mackay simply acted according to instructions, and was blameless in the matter. Regarding Mr O’Meara in the translation, the Court would have to use further discretion. The judgment, therefore, would be reversed.

Mr Rees applied for costs, which the Court refused on the ground that they possessed no authority.

Mr Cooper gave notice of appeal, which their Honors refused, saying there existed no appeal.