Page image
Page image

G.—2.

Wiri (otherwise Mere Bloomfield), and Pere Morete—for the sale of their respective freehold interests in the said Wharekopae No. 2 Block, are contracts invalid and incapable of being enforced without the assistance of this honourable Court, by reason of their having been respectively made not in accordance with the requirements of the statutes then in force (but now repealed) regulating the sales of the said interests in the said block. 2. It is further declared that the said several contracts are contracts which, irrespective of form, had they been made between Europeans, concerning lands held under Crown grant, would have been valid and binding contracts capable of being enforced in the Supreme Court. 3. It is further declared that the said contracts were not in any respect contrary to equity and good conscience. 4. It is further declared that the said several contracts were fully and perfectly understood at the time they were entered into by the contracting parties, and were fair contracts for reasonably sufficient and lawful considerations at the time and under the circumstances under which they were made. 5. It is hereby ordered and decreed that the said applicants, Thomas Charles Williamson, James Douglas Williamson, and Sydney Williamson, are entitled to an estate in fee-simple in possession, free from encumbrances, in a block of 2,174 acres, more or less, part of the said Wharekopae No. 2 Block (to be hereafter known as Wharekopae No. 2a Block), bounded and described as follows Starting from a peg marked 4, on the south-east corner of block , from thence in a southwesterly direction by a straight line to the east bank of the Makaretu Stream, a distance of 225 links, thence on the south and west by the north and east bank of the Makaretu Stream, to a peg marked "A " from thence, on the north-west by two straight lines, to a peg marked " F," a distance of 14195-7 links, and being bounded by Pastoral Eun 47 , thence on the north-east by two straight lines a distance of 10035-6 links, to a peg marked " la," and being bounded by the Wharekopae No. 2b Block , thence on the south-east by Hihirowa Stream to a peg marked " Ib," and by two straight lines, a distance of 15519-8 links, to the starting-point, and being bounded by Okahuatiu No. 1 which said parcel of land is shown on the plan indorsed hereon, and thereon edged with red lines to hold the said parcel of land to the said applicants, their heirs and assigns, upon the trusts and for the ends, interests, and purposes set forth in the will of the Hon. James Williamson, M.L.C. deceased, probate whereof was granted by the Supreme Court of New Zealand on the 29th day of March, 1888, to Thomas Charles Williamson, James Douglas Williamson, and Sydney Williamson. 6. It is further ordered and decreed that all other titles to said parcel of land known as Wharekopae No. 2a, above particularly described, shall henceforth be void and none effect in so far as they affect the said Wharekopae No. 2a Block, whether the same titles be now vested in the said applicants or in any other person whomsoever and that the registration of all the said other titles shall be cancelled and of none effect in so far as regards the said Wharekopae No. 2a Block. Witness the hand of his Honour George Elliott Barton, Esquire, Judge, and the seal of the said Validation Court. G. E. Baeton, Judge.

WHAREKOPAE No. 2 BLOCK. In the Validation Court, Gisborne. In the application of Thomas Charles Williamson, James Douglas Williamson, and Sydney Williamson for validation of eleven contracts for sale of the freehold in certain undivided interests of Native owners in Wharekopae No. 2 Block, and in the application of the aforesaid applicants and of the non-selling Native owners in the said block for a partition thereof, and for other purposes. Thursday, the 9th Day of August, 1894. Upon reading the application filed herein, and upon due proof of service thereof upon the objectors named in the said application, and upon reading the documents exhibited and hearing the evidence adduced before the Court, and upon hearing Mr De Lautour, of counsel for the said applicants , and upon hearing Peti Moreti, an owner in said block; and upon hearing Peka Kerekere, as conductor for the non-selling owners , and upon reading the consents of Arihia Kotiti, Paku Paraone, and Harata Euatapu, this Court doth hereby order, declare, and decree as follows :— 1. That the said Wharekopae No. 2 Block shall be divided into two blocks. One shall be henceforth known as the Wharekopae No. 2a Block, and shall consist of 2,174 acres, more or less, to be the property of the Europeans named in a decree bearing even date herewith, and made by this honourable Court on the 9th August, 1894. The other shall be known as the Wharekopae No. 2b Block, and shall consist of 1,260 acres, more or less, described as follows Starting from peg (1) on the Hihiroroa Stream, thence on the south-west by two straight lines a distance of 10035-6 links, and being bounded by Wharekopae No. 2a , thence on the north-west by a straight line a distance of 7481 links, and being bounded by Pastoral Eun 47, thence on the north-east by a straight line, 13101-6 links, to the Hihiroroa Stream, and being bounded by Pastoral Eun 47, thence on the south-east by the Hihiroroa Stream to the starting-point, anct being bounded by Okahuatiu No. 1 Block which said parcel of land is shown on the plan indorsed hereon, and is thereon edged with blue lines. 2. It is hereby declared that the following Native persons (or the successors of such of them as are deceased) are the owners of an undivided estate in fee-simple in possession, free from encumbrances, as tenants in common, in equal shares of 210 acres, more or less, in the said Wharekopae No. 2 Block, of 3,434 acres, more or less Katerina Takawhaki, Heni Tawa (deceased, her successor when appointed by the Native Land Court), Hine Matioro, Heta te Kani (male, 20 years on 13th January, 1894, the successor of Marara te Kani), Eiria Mauaranui, and Peti Moreti. 3. It is further ordered that the ownership of the aforesaid Native owners of the said Wharekopae No. 2b Block shall be free from all restrictions on the same, whether against sale, lease, or 4—G 2.

25

Log in or create a Papers Past website account

Use your Papers Past website account to correct newspaper text.

By creating and using this account you agree to our terms of use.

Log in with RealMe®

If you’ve used a RealMe login somewhere else, you can use it here too. If you don’t already have a username and password, just click Log in and you can choose to create one.


Log in again to continue your work

Your session has expired.

Log in again with RealMe®


Alert