H.—No. 4.

OF THE SELECT COMMITTEE APPOINTED TO CONSIDER THE PETITION OF LUNDON AND WHITAKER.

Your Committee, to whom was referred the petition of Messrs. Lundon and Whitaker, desire to report as follows:— That, having duly considered the whole circumstances of the case and taken evidence thereupon they have come to the following conclusion : — 1. That the petitioners had a legal title to the land when " The Native Lands Act, 1869," was passed. 2. That this legal title was obtained by fair and equitable means. 3. That, considering " The Native Lands Act, 1869," did interfere with petitioners title, they are entitled to compensation from the Colony. 4. That the amount of money proved to have been actually expended by the petitioners in the premises has amounted to _ 15-11 6s. Sd. 5. That the statement made by Mr. De Hirsch, that the petitioner, Frederick Alexander Whitaker, in his professional capacity, prepared a deed for him, and claimed the land included in it, is devoid of truth. Your Committee would refer the House to the report of their proceedings, and the minutes of evidence hereto appended, and they desire to recommend the claims of the petitioners to favorable consideration. > J. Shephahd, Chairman.

MINUTES OF MEETINGS OF THE LUNDON AND WHITAKER COMMITTEE. Friday, Ist September, 1871. The Committee met pursuant to notice. Present: Mr. Bradshaw, Mr. Haughton, Mr Carrington, Mr. Eyes, Mr. Thomson, Mr. Karslake. The orders of reference were read. On the motion of Mr. Haughton, Mr. Thomson was appointed Chairman. Mr. F. A. Whitaker (one of the petitioners) being in attendance, was asked if he wished to give evidence and produce witnesses in favor of his petition. Having replied that ho did, he was requested to attend the Committee on Tuesday next at 11 o'clock, prepared with such documents and witnesses as he may desire to submit to the Committee. The Committee adjourned until Tuesday, the sth instant, at 11 o'clock. Tuesday, sth September, 1871. The Committee, met pursuant to adjournment. Present: Mr. Thomson (Chairman), Mr. Eyes, Mr. Rarslake, Mr. Carrington, and Mr. Bradshaw. The minutes of the last meeting were read and confirmed. Mr. F. A. Whitaker, being in attendance, was introduced and examined. Mr. Whitaker laid before the Committee certain documents connected with this case, which were said to give a report of the proceedings before the Native Lands Court, as taken down by Mr. Mitchell, a shorthand writer. Mr. W. Mitchell, Parliamentary Reporter, appeared before the Committee, and stated: —" I was engaged by the petitioner (Mr. F. A. Whitaker) to attend the sittings of the Native Lands Court in January, 1870. I attended before the Court from day to day and took shorthand notes of tho proceedings, which I transcribed, and I recognise the documents now on the table as the special report furnished by me. I state that the report is a correct account of the proceedings." Mr. Mitchell was thanked, and withdrew. The minutes of the proceedings of the Committees of 1869 on the Native Lands Bill, and evidence adduced before the said committees, and the petition of James De Hirsch; also, rough notes of a second Committee, appointed to take the evidence of Mr. F. A. Whitaker, and the minutes of the proceedings of the Thames Sea Beach Committee of 1869, were laid before the Committee. The Committee adjourned until to-morrow, at 11 o'clock.

REPORT