18

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into at Patea. The next point is the statement made by the Natives that the original peg in the Whareroa Beserve was between Tawhiti and Tangahoe, and has since been removed from its original position between the Tawhiti Stream and its confluence with the Tangahoe Stream ; and that the removal of tbat peg has caused an alteration in the survey line. Is this so? —As far as I know, that line was only surveyed recently, and there never was any peg until that survey was made. I know there was a dispute about one of the boundaries on account of the road. There never was a boundarypeg between the Tawhiti and Tangahoe. The only two points marked were outside. An ordinary peg was put in by Mr. Treweek, but not a boundary-peg of the survey. There never was any alteration made. The survey stands now just as it was originally laid down. There never was any occasion to cut this reserve line until 1873. 231. In the description given yesterday, when making their statement, the Natives said there was an original line that went inland, which they claimed to be the original boundary line; that by moving the peg on this line, the bearing of the new line was different to the old one; and that, a new angle being taken, caused a diversion of a few chains, which necessarily contracted the line further on. Is this so ?—When surveying this block originally, we were surveying it for military settlers, and a portion of the Whareroa Beserve line up to Section 167 was a road line. We only cut the line on the side on which we put the pegs. Therefore the road line was a chain off the real boundary on this side of the reserve, in order to allow for the road. 232. The Commissioners (to the Natives) : You allege that we altered the line and caused a change. The point we want to make quite clear is that, wherever the line comes, the total quantity of 10,000 acres has not been diminished. There has also been a difference as to the piece of land called Eauna, near Waihi, which, it appears, contains 285 acres in the open and 100 acres in the bush. The 100 acres we were speaking of are actually surveyed, aud in tho list as reserved; so that there are the 285 and 100 acres, as was stated yesterday. 233. Ngahina said : I wish to say something in explanation of what Captain Wray has said with regard to the 10,000-acre block. We, Tangahoe people, understood there were three survey lines. The western one runs north and south through Hawera; the southern boundary is Tawhiti Creek; the south-eastern boundary commences at Tawhiti and goes down to Tangahoe. I maintain that these are the three boundaries which should be adhered to. 234. The Commissioners: The original line did not take in the piece of land that comes down to the junction of the Tawhiti and Tangahoe ; but, when that piece between the two streams was going to be sold, Hone Pihama asked tbat it be not sold, but be added to the Whareroa; and the piece—lo7 acres —was then added to the Whareroa Beserve. 235. Ngahina : That was done afterwards, and I went to Wellington to see Sir Donald McLean about it. 236. Captain Wray : It was done by Sir Donald McLean's orders. 237. Ngahina : Sir Donald McLean gave me a plan of the new survey or additions. I also asked Sir Donald McLean to show me the old plan. I explained to him that a mistake had been made, whereupon he telegraphed instructions to Captain Wray to withdraw the reserve from sale. 238. Hone Pihama: Was this map now before us, of the Waukena Beserve, compiled from the new survey ? 239. The Commissioners : No ; it was compiled from the original survey. 240. Hone Pihama : Who was the surveyor or officer in charge of the surveys here at the time the original surveys were made ? 241. Captain Wray : Mr. Percy Smith. 242. Hone Pihama: I believe it was Mr. Octavius Carrington, assisted by Captain Wray, Mr. Percy Smith, and Mr. Wilson. 243. Captain Wray: We were merely contractors; not Mr. Carrington. 244. Hone Pihama : Was this map compiled from the original survey. This is what I wish to ask ? 245. Captain Wray : Yes. 246. Hone Pihama: Will the Commissioners ask Air. Parris whether he made a reserve of 400 acres on the Tangahoe ? 247. Mr. Parris: At the time the surveys were being carried on which Captain Wray has spoken of, it was distinctly understood, and, I believe, from Mr. Carrington, chief surveyor, that there were 420 acres in the Waukena Beserve. I had not seen any surveys on the plans at the time. Some time after this,, Mr. John Trew reek returned to the district, and he applied to lease it. I induced the Natives to let it to him. In the agreement it was understood that the odd 20 acres were to be reserved for the Natives. There was no written agreement then. The 20 acres were to be kept for a fishing-station. Many years passed by before there was any lease signed. When Mr. Treweek applied to the lawyer to draw the lease for him, Mr. Boy went for the plan of the piece of land, to put it on the lease, when he discovered that it was only 400 acres. Mr. Treweek no doubt would prove that that was the understanding at the time. It might have been a mistake of the surveyor that there was not 420 acres. The mistake might have been made by the surveyor at the time. ' 248. Hone Pihama : When Mr. Parris informed us of this reserve of 420 acres, the surveyor asked me to accompany him to point out the boundary pegs. Mr. Wilson Hursthouse was the surveyor. We got to the survey peg at one corner of the land. Prom there we went to the other end, and he pointed out the other peg. [The witness handed in a rough diagram explaining his statement.] At the time he pointed out this survey peg he told me that I had better remember the position of the pegs. Some time afterwards I saw r Mr. Carrington, and he pointed out the western boundary, which is shown as crooked, and I suggested to him that the line should come straight to the sea. He replied by saying, "No ; leave it as it is." 249. The Commissioners : It is quite clear tbat there cannot have been any alteration, because the boundary lines are exactly what Hone Pihama himself describes; therefore it would seem that the original statement of 420 acres must have been an error, as is shown by the plan. But you must wait until we get to New Plymouth, where the original plan is.