VALIDATION COURT.

Gisborne Times, Volume XXVI, Issue 2226, 25 June 1908, Page 2

VALIDATION COURT.

RESERVED JUDGMENT.

During the sitting of tlie A r alidation Court yesterday, Judge Jones delivered judgment in tho case of Herewini F-atara (Air. H. J. Finn) r. tlie East Coast Commissioner .(Air. J. AV. Nolan), being -a motion that -an order be made directing the Commissioner to refund certain purchase money in connection, with Nukutaurau No. 1 block. Tlio judgment was as follows: “This is an application for an order for payment by the Blast Coast Commissioner of certain moneys alleged- to be due to one llerewini Rata ra under an agreement dated 20tli February, 1895. As far as tho Court can gather tlio facts are: In the year 1881 one Alaraca t-e-O, acting as trustee for tllerewiiii -Patara, purported to sell the latter’s share in the Nukutaurau block to the East Coast Native Land Settlement Company. Later on, when the matter came before the Validation Court, Herewini disputed the sale, 'claiming that lie was an adult at the time of the execution of the alleged conveyance. After some negotiations he entered into an agreement with .the Trustees -by which he assented to a decree issuing to the Trustees; who were to sell the laud (including his share) to Air. Ormond at £2 10s per, aero. Seventenths of Herowini’s share was to be paid to him on execution of itketransT for to 'Ormond, the remaining threetenths of the money to be retained by the. Trustees, pending a- filial adjustment of accounts with tlie AlahiaNatives. The transfer was duly signed, but the Agreement with tho the same transaction. ‘The accounts on for this is given by the former Judge, who dealt with the matter in a judgment arising indirectly out of the same transaction. ‘Tlie accounts made up,’ he- says, ‘showed that instead of a sum of £2020 being available for distribution amongst the Natives, there was only a. 6um of £135. Mr. Lysiiar. for his clients, declined to agree to the sale on these terms, and I was not prepared to -allow of a settlement unless sufficient security could bo given for payment to the Natives of the fun-amounts to which they were entitled. Time was given so that the solicitors might confer as to terms of arrangement and security, and eventually it was arranged that if the payment to the Natives on account of their share of purchase money wa6 raised to an amount of 7s or 8s in'it ho £ with security for the balance,- Air. Lysniir would agree on behalf of the Natives, and the Court would be -asked to direct completion of the sale.’ That Herewini Patara was rogn-isant of wliat was taking place is shown by the following telegram from him recorded on the minutes .of the Court, ‘Please inform Court that I accept terms offered on com pulsion, but whole matter is a gross breach of faith.’ The Court thereupon, on 26tli October, 1897, made two orders, one directing a refund of £319 by the Trustees, and the other making the balance of the moneys due to the Natives a charge against the general Trust Estate, and authorising and directing the receivers to pay the moneys so due and owing out of the first moneys available for that purpose as soon as tlie balances due to such Natives aro finally ascertained bv tlie Court. That order, whether rightly or wrongly made, has been drawn up -and perfected, and is, so far as the Court is aware, a subsisting and binding order. To make tlie order now asked for would be equivalent to making another order in it,s place,-and this the Court is of opinion it has no power to do. The motion must therefore he dismissed,”