21

G.—9

middle of page 413, have been struck out; the words, " Owhaoko, see page 136 and following," as well as all that follows, down to " Saturday, 2nd December, 1876," on page 414, are written in different ink from that which appears on the first half of page 413. Then it will be observed that down to the word " order," except the words interlined immediately above "order," viz., "160,000 acres to stand over till a proper plan is produced: see copy telegrams pp. 418," the whole remarks concern the large block —they have no reference to the school reserve. And what follows after the word " order," save where the words have been struck out and altered, and the words "No. 1 (School Beserve) " inserted, also refer to the large block, and not to the school reserve. But there is conclusive proof that these words that I have quoted as having been inserted, as well as the alterations that follow, must have been inserted some time after the Bth December. The minute purports to be a minute of what took place in the Court on the Ist December. It will be noticed that the words, " to stand over till a proper plan is produced : see copy telegrams, page 418," are interlined. Now, the telegrams on page 418 are telegrams sent and received on the 7th and Bth December—that is, six and seven days after this sitting of the Court. It is perfectly plain, therefore, that these words have been inserted after the Ist December, 1876, and that the figures " 164,500" have been struck out, and "28 " placed before them; that the " 0 " has been changed into a " 6," and the last " 0 " made a " 1 ;" that the words "less 20,000, as aforesaid," have been struck out, and "Twentyeight thousand six hundred and one " have been written, and that all these alterations were made some time after the Bth December; and they, must have been written in not by order of any Court, for no Court was sitting save on the 20th December, and there is no reference in the minute to anything having been done on the 20th December. Then, what follows on page 417, 418, must have been written in —not as a minute of any Court —also some time after the Bth December. So far as Owhaoko No. 1 (School Beserve) and Owhaoko No. 2 are concerned, neither of these blocks has been judicially determined on in the Native Land Court, and any memorials of ownership relating to them that have been issued have been issued without due sanction of law. It seems to me that what muse have occurred is the following : Perhaps after the Court rose the Clerk—very likely by the order of the Judge—entered the order dealing with the whole 164,500 acres ; then, after this had been entered, the Judge at some subsequent time thought that the plan that Mr. Maney had produced was not sufficient, and hence sent the telegram of the 7th December, 1876 :— To Captain Heale. Gisborne, 7th December, 1876. Benata Kawepo and Mr. Maney were solicitous that I should order a memorial of ownership for the block of land called Owhaoko, 136,000 acres, which passed the Court six or eight months. No question as to ownership. The survey, as I believe, is correct, but requires to be tied to trig, stations. I cannot make the order under the circumstances, except by your advice. J. Bogan. —receiving the reply, on the Bth December, 1886, — Impossible to issue a proper title to block of such magnitude without trigonometrical connections by a trustworthy officer of the staff.—Thos. Heale 8/12/76. It is doubtful, in my mind, whether this minute was altered before the 31st October, 1877, and whether the entry on pages 417 and 418, and also that on page 446, were ever made until the 31st October, 1877. The minute unaltered is in Mr. Brooking's handwriting, who was then Clerk of the Court. The alteration in the minute, as well as the minutes on pages 417, 418, and 446, are all in one handwriting— that of Mr. Edwin Woon ; and I think that what may have occurred