RESIDENT MAGISTRATE’S COURT.—GISBORNE.

Poverty Bay Standard, Volume X, Issue 1202, 15 November 1882, Page 2

RESIDENT MAGISTRATE’S COURT.—GISBORNE.

Yesterday. rßefore M. Price, .Esq., R.M.I The following arc the particulars of the Civil cases heard IMPORTER v. Greene. The defence : was that the sale was not com pleted through agency of Capt. Porter. Thomas V\. Porter, plaintiff, commission agent: On 15th Oct. Honetapu came to me, and was desirous to sell 1,600 acres to me to satisfy a judgment call. Land, leased to Greene. Agreement drawn up. Debt of £62 paid to Honetapu. Agreement proves sale of land to me. Greene came to me after. I told him Petero had sold to me for £750, and if he would give the £lOOO 1 should arrange with Petere to sell to him instead of me. Greene agreed. I succeeded in getting I’etere to agree to sell to Greene. Greene was in possession. Greene paid £5O on account, and £5O when the conveyance was signed. He gave me £2OO in all —£loo for Petere, £5O for Pere, and £5O to myself on account. This was before the transfer ; I was to get it signed at Wairoa. This was before it was signed. I took £2OO and the transfer from Petere to Greene ; this was in October or November. Balance to be paid on grant being issued. At the time 1 signed I took the transfer to Wairoa, and obtained the signature of Pere. Transfer then complete J so far as I was concerned. I returned to ' Gisborne, and handed transfer to Mr Finn on | behalf of Mr Greene. They were completed. ' I then asked Greene to pay the balance of the £5O to me. I sent two or three notes to him by Richardson. Finally met Greene in my office. Finn was present. He gave me this note so that it might be paid any time ; said that the grant was expected in a week orj fortnight ; he gave me the document in question. Finn witnessed the document. Grant daily expected. Grant issued afterwards to Petere and Pere under restrictions, being inalienable from sale. It was an error on part of Government. I should have known of it, or otherwise I should not have bought it. A great deal of my time was taken up in this matter. I wrote letters to my friends in the House. I promised to attend if required. Did all in mv power to rectify mistake by Government|New transfer was substituted for old one. Transaction could not have been done except by me. Green since sold the land to McKay, for 20s 6d per acre. I told Greene I could get £lOOO for the land. By Mr Nolan : I did not know that the land, prior to grant, was not inalienable. I did not know that the land was inalienable. He could not sell under certificate (put in). Petera gave certificate to Greene when he leased the land. In Oct., 1881, I entered into agreement to purchase ; giant issued in 1882. Quite certain no restriction when I purchased. Wrote good a many letters to Land Purchase Department; at least three with reference to this land. When I got the agreement matter of £lOO cropped up ; 1 did not agree to purchase for £5O. Spoke to Gill three times. Greene did not give a three months proper bill, because I expected grant to be here in a few days. I never offered to ‘ take £2O ; Greene did not offer me £2O. I j meet Greene in the street and said as he had I

been put to a lot of extra trouble, and I was willing to meet him in the matter. By Mr Kenny t When Petere signed the agreement I received information for Mr Tole that the grant was in course of preparation. This was why I took the promissory note in this form, Matter was completed entirely through my agency. Knowing the difficulty Greene was in I offered to take the second transfer, and complete same for him. He did not come to me but went to Mr Harris instead. If it had not been for me the inalienality on the land would not have been removed.

Hugh J. Finn, solicitor, Gisborne: In Nov., 1881, Greene came to my office, said he had entered into arrangement to purchase this land. I went with him to Porter’s office, Honetapu being present. It was there arranged that Honetapu and Pere should transfer their property to Greene. I searched title. Porter tola me there were no restrictions upon the land, and showed me certificate put in. Seeing this document I was satisfied the title was all right. I prepared the transfer. I then went to Porter’s office and money passed between Honetapu and Greene; Mr Graham, J.P., was present. Greene gave this note to Porter. Porter wanted a bill from Greene. I glanced through this note and witnessed it; I prepared the transfers. Porter took them to Wairoa and returned same to me on the 12th January, 1882; I then sent the transfer to my agent at Napier to stamp, with instructions to see that all*was right. My agents informed me that the land was inalienable. I told them not to stamp transfer. I saw Gill on several occasions ; he said the Government wanted the 1000 acres, and that he did not wish the land to have restriction taken off, Petere signed first. By Mr Nolan : On the 15th November I received instructions to prepare an agreement for the balance ; this was on the same day as the promissory note, put in, was i signed. Petere signed on the 15ch November. Mr Gannon acted as interpreter of the | petition. I think the translations were I written out in Porter’s office. Gannon cerI tified to the translation. The other Native signed about January, 1882. Pere had not ; signed when the promissory note was given j by Greene to Porter.

By Mr Kenny : If Porter had not assisted me I could not have produced any evidence : he voluntarily came forward and gave me every assistance. Captain Porter sent me a large number of telegrams on the matter. Captain Porter recalled, said he heard from Mr Tole in October that the grant Was being prepared. Until the deed was issued there was no title to the land. I was not then in the Government service : I left on the 7th October. Captain Preece refused the certificate because the land was inalienable. I gave every information for the petition. This concluded the plaintiff' s case, and the following evidence was given for the defence, William Scott Greene ; J know Captain Porter, plaintiff' in this action. I had 1,000 acres in Waihau leased, J met Porter, and asked him concerning the property. 1 offered £750, and £5O for his trouble ; he agreed to these terms, He afterwards met me, and said he did not consider £SJ sufficient lor the work. As I had laid out something on the proporty, I at last consented to give him another £5O. This was about October, 1881. On condition that he should complete the purchase 1 agreed to give him a further £5O. Finn drew out the transfer, and the same was signed &y/ Petere

vn the 15/A 18$]. Then Porter ueked we for the extra £5O. I ref need on the rircii.'ds ih.ct tke. teed wan iralienab l ?, 1 gave Petere an authority to pay the balance directly the. Trust Certificate was issued. When the transfer was sent to Napier they would not register the same because they could not alienate. Captain Porter knew of this. Finn suggested the petition to the Government, A memorial was drawn up and sent to the Government. I went to Wellington with the Native to get the restriction removed. 1 saw the Native Minister, he said; Mr Gill being away, the matter would be adjourned for a Week. When he returned we waited upon him ; he said that all that Porter had said was quite untrue ; that Porter knew very well that he was doing wrong. The restriction was ultimately removed ; Gill recommended the Native to write a letter that he had plenty of other land besides this. It was done entirely by me. I am not aware of Porter taking any other trouble in the matter besides an affidavit. On my return from Wellington I saw him ; he asked me for payment on certificate ; 1 refused to pay. Porter said—give me £2O. I refused to give him this sum on the ground that he was not entitled to anything. Porter did not finish the second transfer. By Mr Kenny ; When I met Porter on the stairs he asked me if I would purchase, I said yes. He wished to know what I would give. I said £750, and £5O for yourself. He agreed. On a second occasion I met him and he said £5O was not sufficient. I said this was not business. After thinking over the matter I i:greed to give him a further £5O if he completed the matter. 1 never saw the document before I saw it with Mr Matthews. On the second occasion it was understood that the land was inalienable. I can’t remember if anything was said about the land being inalienable. I told Porter on several occasions that the land was inalienable, and that he knew the land was so. Porter always stuck out that Gill had made a mistake. When I first purchased the land I knew it was inalienable. 1 did not give a regular P.N. to Porter instead of the one produced, because the matter was not completed. The Resident Magistrate said that after carefully weighing the evidence he felt compelled to give his judgment for the defendant with costs.