TRUST COMMISSIONER'S COURT.

Poverty Bay Standard, Volume XI, Issue 1327, 10 July 1883, Page 3

TRUST COMMISSIONER'S COURT.

(Before J. Booth Esq., T. C.) Whabaubangi Block. This was an application for the affixing of the Commissioner's certificate to a deed of trust from Harata Poiwa to Messrs Rees and Wi Pere.

Mr Kenny, who appeared for applicants, applied for a certificate to the deed. Mr Brassey appeared for objector, Mr Peter Cooper. Harata Poiwa deposed : I know the deed produced. I understand that the land should be placed in Messrs Rees’ and Wi Pere’s care, and it was to come lack again. The land belonged to us who signed the deed, but Messrs Rees and Wi Pere had the care of our estate. That is my mark to the deed. By that deed I understood that if I agreed to the land being sold, and Messrs Rees and Wi Pere handed me the proceeds, it would be all right. They were trustees, but if I wanted money they could give it to me. I wish to have the land given back to me. I do not wish them to exercise the rights given in the deed, i.e., to sell, mortgage, exchange, etc. I want the land back again. I wished to have the land left withßeesand Wi Pere to getland from Read’s Trustees. If the land remained in Rees’ and Wi Pere’s hands, and they conveyed it to Read’s Trustees, I would not be agreeable. To Mr Kenny : At the time I signed the deed I and the others were greatly dissatisfied with the way persons were wanting to buy our lands. The trustees were not appointed to watch over our lands, and hand us over the money after it was sold. All that I understood by the deed and by

I word of mouth was that we were to get our land back again. That part of the deed relating to the power to sell, mortgage, etc., was not interpreted to me clearly —not as you have done. I was only asked to put my signature. Mr Grace was the interpreter, and I forget whether he read the deed or not. I don't know whether Mr Gudgeon was present or not. Messrs Rees, Grace, and Jury were present. It was understood that if the Trustees wanted to let or mortgage the land, I was to agree. W. L. Rees deposed ; I am one of the Trustees mentioned in the deeds of Wairau and Wairaurangi. The natives after having large meetings in 1878 about Gisborne, were in trouble about the contests between Read. They requested us to take over their lands as Trustees. Both blocks were in dispute. We consented on the condition that committees called large meetings, and these deeds were signed at Wairaurangi. About 250 natives were present. Mr. Gudgeon and others were present. The deeds were read. We stated we would not take over these lands unless we had full power to deal with them. The Maoris were perfectly satisfied, and many questions were asked and answered before they signed. I cannot remember if I was present when Harata signed. We made agreement about disposing of some of these lands. A sum of £28,000 was named for the Wairau Block. Whenever the natives have desired it we have consented to their selling. I apply for a certificate now, because I believe Harata is acting illegally, and I believe we would be personally liable to the other natives. The deed gave them power to put in other names not in the grant. It is not a fact that we are applying for a certificate now to re-convey it to Read’s Trustees. We hold the, land now in trust. I have not sold Haratas share, nor has Wi Pepe I believe. I was not aware that Harata signed a deed to Read. I can say that the Maori on the deed was read to Harata. I had a copy of the translation, and checked it with the interpreter. I believe I was present when Harata signed. I wasin Gisborne on the 13th January, I was at the Whauraurangi meeting. Mr Brassey urged that no certificate could be affixed, as Harata stated it was only a voluntary conveyance, and there was a former conveyance to P. Cooper, the valuable consideration, which had not been heard. Mr Brassey did not object to the certificate being put on the deed in three weeks, to allow time for Mr Peter Cooper’s application to be heard. The Trust Commissioner said he would affix his certificate in three weeks. The application to Peter Cooper from Harata Poiwa was adjourned to 6th August.