NATIVE LANDS COURT, CAMBRIDGE.

Waikato Times, Volume XXIII, Issue 1918, 21 October 1884, Page 2

NATIVE LANDS COURT, CAMBRIDGE.

Saturday. — (Before their Honours Chief Judge Macdotidld, Judge Puckey and Assessor Hipirini Te AVhetu.) Matamata Subdivision Judgment. A i'T hit a hearing of two days the couit delneied the following judgment: — In this proceeding the court is asked to deal under the Native Land Division Act, 1882, with land known as " Matamata." The land is held under Crown grant issued in IS6B to ten natives, vus: 1. Tam.iiti Te Patu ; 2. Te Raihi ; 3. Hereama Tauwhare ; 4. Te Pakaroa ; 5. Hoani Te Huia ; 0. Hoii Neri ;7. Te Kupa Kingatu ; 8. Mitai Hauwai ; 9. Peni Ponui ; 10. Hakiriwhi to Purewa. Of these grantees the undivided shares of those numbered 2, 4, 0, 7 and 10 have by deeds of vauous dates fiom 1870 to 1880 been conveyed to Mr Firth in fee, as also was one fourth of the share of No. 8. A year or more ago applications for division were made by several of the [ grantees, but were afterwards withdrawn for reasons not necessary to lefer to now, and the case is before the court on the application of Mr Firth under section 12 of the Division Act A preliminary objection to the court's jurisdiction was taken by Te Whenua, who appeared for the majouty of the granfcee.s, on the ground that a grantc* was dead without any successor having been appointed to his share, and the objection was supported by a vague reference to some ruling on the point. Any tuling in relation to the succession must have been applicable to native owners as among themseh es, as a purchaser cannot be depuved of his statutory light to have his, inteiest defined by the laches of those who may be opposed to him in interest. Then followed a contention at great length supported by evidence foreign to the pi e^ent enquiry, that the Crown giant of Matamata was intended and ought to have been treated by this couit as if ;niade of or in tinst for the grantees and all tho membeis of their hapu or tube. The practice of limiting grantees to a number under eleven was enjoined by the Native Land Act, 180">. and continued until the Act of 1873. The object of the provision has been variously guessed at. One theory is that the ten prantees were to be trustees as just mentioned. The other theoiy being that a block, when ulider investigation, should be divided into a number of parcels, equal at least to one-tenth of the number of t)ie tribe. This latter theory ha.s not, it is thought, been instanced in praotioe in the cage of any specific block before a court, the nearest approach being where various lands were to come before the court, it was agreed among the people that one set of ten should take one piece or block, and another oet another piece, so as to provide for alt. Ab to the foi met theory, it has not yet been lecognised in piactice, | and has indeed been only recently broached. It has been negatived by the Legislature in changing tenure from joint tenancy-~one proper for trustees— to tenancy in common, and by declaring that the ten should not be considered to hold in equal shares, a provibion inapplicable to the estate as trustees. Whatever the merits of this question may be, they are not for this court to consider, it sufficing for us to say that the land is land granted to natives, and m which the applicant, Mr Firth, had before the 13th Septoa.ber, 1882, acquired undivided shares, and in relation to which shares he has applied to have his estate or interest defined, and that thereupon it became our duty to define a portion of the block proportionate to the value of the estate or inteiest acquired by Mr Firth. What in our opinion that proportion may be, the Court well announce on Monday.

Maungatautari. The Court announced the proportions allocated in thia block yesterday morning. Ngatikoroki got 25,000 acres, .Ngatikoura 2000 acres, Te Pnko Himaraa 1,450 acres, aud Ngatihina the balance of the block, estimated at 21,000 acres. This division extends pyer 1,123 names, made-up as follows I ':— Nga^&OTOHi 42Q, Ngatikouj-a 150, Te-^uke 17, and %atihjn'a §36. s TheCoUrt will make the, jwoporfcions ir^ Matfttpativ thi| morning, ', —