NATIVE LANDS COURT CAMBRIDGE. Friday.—[Before their Honours Chief Judge UNKNOWN

Waikato Times, Volume XX, Issue 1703, 5 June 1883, Page 2

NA TI VE LA NDS CO URT CAM B RIDGE. Friday.— [Before their Honours Chief Judge UNKNOWN

Te Tatua Whangamata. Hipikixi tk WiiEi'cr stated that he was one of the first claimants to this block. The Chief Judge : Your claim was not received until August, and theie are some claims which were made as eaily as m May previous. Hitm te Paerata said that his was the only claim which comprised the w hole of To Tatua. The other claims are for portions only, and asked the court to follow out its own rules, and give the fiist claimant the preference. Plans, tracings of Te Tatua, laid before the court. The Chiet Judge, to Mr Gwymieth : — A survey of this land has been made, and a plan made by a surveyor. I am told that the plan ii in your possession. How is it that the plan went into your hands instead of mine from the Surveyor General. r Mr Gwynneth : The Surveyor General sent it to me, as there was a lien on the land. The court sent the plan to me, saying I was to receive it as the lien had not been paid, and it came to me with your sanction. Icm produce the plan in a few minutes if wanted. I have taken this course, because the Native Lands Couit will not register liens._ The dhief Judge: I can wive to the Surveyor-Genera] to ask if a plan has been made, and I recognise Mr Gwynneth's plan, but do not recognise him. > ' Hamioia Mangakahi : The Maoris are not clear in their minds about this case, as the court usually produces its own map. This is a new departure to us, a surveyor producing a map of his own. Hitin te r.aerata : This map was jj made from my description, atid corresponds with my application. Matini asked the court to "wait until Monday for, Hipiriui's arrival. , , Mr Sheehau : Tatua West is the plan on which we' base our application. Hipirini's is for Tatna East, and there are several claims in court' for either j.art of the block. To the Chief Judge : Tatua West plan is wired for, an 4 I question if your honour 'oan ! make any progress - until* this misunderstanding about,, the plan is settled., „ •!.•.,- The 'Chief Judge': The 1 position' is clear. -'The court takes no case' until the plan, is produced.; -We hear that thp western portion of the ,blp ( ck > fyas .bjsen, Smr-' veyd, and the' plan- approved, and we^ have wired to the Surveyor-General t to >#H&tit.'O V7e'lutt^efte?&dj6u'?fl'.tal }\}f received. WS'Wave hea}\l nothing of tfye. pla# of Xa,tua Eajfy , , •

The Murt'adjailtgejftjtill 3 p.m. to give time for reply to the "judge's telegram. , On resuming, the \Cb)ef Judge stated that theitt had ,been a great deal of trouble a.bout the plans, and' Expressed as his views that *the SurVe'yoi -General alone l|ad tlic right to furnish plans, and as to this cus&ifc ap'pearedjthat the SurveyorQe*neral,^th]:aVigV.>lMr Gwynneth, had made a survey 6f Tatua West. After its aruval here the plan got into Mr Gwynneth's hands, and he now purposes to liold it until the balance of his lien is settled. I maintain nothing could be owing to him by the natives, because the chatgts would be <luc to the SnrveyorUeneial, .mil Mr Gwynnrth must look to the Surveyor-General for payment. If he did the woik by his order then no lieu can exist. , • - To Mr Gwynneth : The plan was eutrubtcil to you for a limited tii.io only, and the court now asks you in all friendliness to delivci up the plan. Ml Gwynneth : The plan is not in my possession now. The Chief Judge : The plan must be returned at once. Mr Gwynneth : I decline to pro luce the plan. Mr Gwynneth was then sworn, and deposed : I am an authorised surveyor, and surveyed Tatua West; and prepared a plan of the same, which plan was approved by the Surveyor-General, and &ent up here as is usual. I received the plan when it got here. I don't know where the plan is now. I dcliveied it to someone for safe custody until my lien was satisfied. I don't know to whom 1 deliveicd it. I gave it up in leply to a request from the Survey oi-Geneial, and asUed him to let me ha\e the plan back again as s> ouiifcy, the Surveyor-General saying' distinctly that the natives wcic to pay the sur\ ey charges. I had the plan in my possession up to two days ago. The Chief Judge : I give you a quarter of an hour to fetch the plan, and if you fail I shall cxci cisc my authority to prevent you doing any survey woiU in conneutiun with the ooiut mthofuhuc. Mr Gwynneth ; I refuse to eo.nply with your request. I admit having the plan, 01 being able to punluce it, but I will not do so. .Vr yiieehan asked for an adjournment of 20 minutes to give time tor Mr Gwyuneth to reconsider his decision. The comt adjourned to 10 a.m. on baturday. Saturd vy. The Chief Judge said that with le-pect to the Pnahoe sub division, fiom pt-rsonal obseiv.ition, and with the assistance of Captain v teele, tins court finds itself in a, position to makf a satisfactory sub-divi-sion, but first pioposes that the matter stand over to see if the paities can come to some anangement between them.selves. i Mr Sheehan made certainfoffm which he supposed weie still open. Whether or no the parties interested had better come to a conclusion among themselves it they can. If they do not make a subdivision for themselves the court will make it for them. The fmther consideration of the matter is adjourned till Monday ,it '2 p in. Mr Hay pointed out that it was necesvsary for the natives to move the court to make a sub division, i c., tliat a majority must wish for a sub-division, which was not the case in this instance. ' The Chief Judge said that a majority of the natives had moved the court, and he would not allow them to change their minds. Te I'atua : Mr Gwynneth said he had no desiie to diiobey the oideis of the court. He had been advised that lie had other means of obtaining payment of the sum of £279, due on the survey. The Chief Judge : I am glad that you hay c seen the matter in a proper light, otherwise a very disagreeable duty would have been imposed on me. I f«lfc s>iue tint on reflection yon would act sensibly, and I am glad to see that I was not mistaken, fl.vd you any legal claim to the land I should have been the la.-,t pet son to deprive you of it, and I f>.lt sine that in ordciing yon to pive up the plan I was doing you no injustice. Not so much for your benefit, but as a caution to others who migtit act in a similar manner, I may «tate that anyone in future lef using to pioduce any document or plan when suhpeenued to do so will be subponiaed each morning, aud I will line them £20 each time. Mr Sheehan guaianteod the payment of Mr Gwynneth's claim Huauga Matini said the map of Tatua East belonged to Hipirini aud himself. The com t had the map. Ho asked the court not to decide till the map arrived Hamioia Mangakahia, relative to Hiriinis coming m, said that in accoid ance with the rules of the com e in times past, when claimants claimed on the strength of a map, tiie principle of the (iist claimant having the piefcioMce, bad been actod upon. He spoke so that the Jfaons should understand what the coutt means to do. The Chief Judge said that first come first seived was the general rule, but that there was no hard and fast rule laid drwn m the matter. The com t would icguiate iU movements by suirounding cncu instances. Mr Sheehan said that his clients claimed by conquest, descent, and occupation. The Chief Judge decided that this would lie heard as a new case. The comt adjourned till Monday at 10 a.m.