Settlement of the Whangara Case.

Gisborne Standard and Cook County Gazette, Volume IV, Issue 473, 28 June 1890, Page 2

Settlement of the Whangara Case.

After one of the most trying tasks that counsel could have to deal with the Whangara case was settled by 6 last evening. Everything seemed to have been arranged at s>io p.m., when Wi Pere, seconded by Epiha Parau raised objection to some of the details, and the Commissioners put up with it very patiently fir an hour. Mr Rees seemed much surprised at the objections, but he handled the matter in a masterly manner, showing the natives that he had got every concession he could for them. His Honor said he thought Mr Rees had ably advocated the natives’ cause, and obtained a very good bargain for them. Mr Finn said Mr Seymour had already made every possible concession to try and settle matters. At length, after much explanation, Apiata, and one or two other natives, said they were satisfied, and it was the,wish of all the natives that the matter should be settled without further delay'. There was then no dissent, but His Honor promised to consider a suggestion by Wi Pere to the effect that in his report he should advise that the natives’ portion of the block should be made inalienable. The following is a copy of (he terms of settlement :—

Memorandum of Agreement made this 27th day of June, 1890, between the owners of the Whangara Block (hereinafter called the eaid owner.} of the one part, and Charles Seymour, of Whangara, eheepfarmer, of the other part. Whereby it is agreed as follows :— I.—That all matters in dispute between the said owners, and the said Charlee Seymour, ehall be settled and closed upon the following terms, namely :— (a) —The said Charles Seymonr shall take in freehold a blopk of 4,500 acres of the said Whangara Block, at the Northern end of tba said block, commencing at the junction of tbe Mangahuri Creek and the Pakarae River, lhenoe in a line towards the Western boundary of the said block, thence Noriheast and South by the boundaries of the said block, back to the starling point, as the same appears on the plan produced before tbe Native Land Cum mission Court, and marked “ A,” the Southern boundary, in blue pencil, to proceed from ths fixed mark at the Mangabuii Creek, and to swing at the Western boundary, so aa to contain the said area of 4,500 acres. (b) —That the said Charlea Seymour ehall receive a lease of at least 3,000 acres, starting from a point to be fixed on the southern boundary of the said freehold running thence so as to include the homestead, wool shed, and home paddocks, such home paddocks to include all paddocks necessary for working the home station. The term of such lease to be for the term of 21 years from the first day of January, 1892. at a rental of 8d per acre for tbo first IO years of the said term and one shilling per acre for the baladce of the said term. (c) —That until the commencement of the new term the said Charles Seymour shall pay the rent as at present reserved under the existing lease. (n) —That the said Charles Seymonr shall release the said owners from the payment of the survey lien amounting with interest to the sum of .£1,210, and from all claims and demands on account of the debts due by the said owners or any of them to James Seymour or his assignee. (e) That the eaid Charles Seymonr shall pay for the said owners to the firm of Messrs Bees and Day, Solicitors, for the said owners ou the completion of title under this agreement ihi sum of £lOOO. (f) —That the said Charles Seymour shall pay to William Lee Bees, Apiata te Hame, Butene Koroua, and Wiromu Pere, on behalf of the said owners, all arrears of rants with interest thereon, which interest is fixed by agreement at the sum of £lOO, (a).—That the said Charles Seymour shall release the said owners from all claims for I costs in any action relating to the said I Whangara Block, and the said owners shall J discontinue the appeal at present pending in Her Majesty’s Privy Council, in the suit Apiata te Hame and others v. Seymour, each party paying their own coats in all matters i elating to tbesaid action. (H). —That the said Charles Seymour shall, on complotion of his freehold tide, assign the residue of the term of years now vested in Thomas Drought Seymour over the said Whangara Block, excepting thereat and therefrom the said 4500 acres of freehold, and receiving a new lease for the said 3000 acres or thereabouts of leaseholds, to a person or persons to be fixed upon by the said owners, or a majority of them present, at a meeting called for that purpose at the Whangara settlement. (i). —That if any difference shall arise as to the true meaning of any clause in thia agreement the same shall be arbitrated upon in the usual manner. (k) That all parties to this agreement shall use their best endeavors to obtain legislation for the purpose of carrying out this agreement in its true intent and meaning, but the said Charles Seymour shall not be liable for any costs iu connection with such legislation unless he shall specially authorise the same. (l) —That in ascertaining the boundaries of the leasehold herein, the natural features of the country shall be followed aa neatly aa possible. (m) That the costs of the survey of the said freehold and leasehold shall be borna equally between the said parties hereto. (s).—That if the said owners, by the Ist day of January, 1892, have not leased the said land, then, and in such case, tbe said owners shall be liable to contribute their share of the cost of fencing between those portions taken by the said Charles Seymour, and those assigned to the said owners. (o) —That on the signing of this agreement the said Charles Seymour shall pay to the said Apiata te Hame, Butene Korona, William Lee Bees, and Wiremu Pere, the sum of £lOOO on account of rents in arear, leaving the balance of such rents iu arrear to bs ascertained, and paid by the said Charles Seymour. (p) That the Maori cultivations at present, existing in the portion to be leased to the said Charles Seymour, are to be exempted from the operation of the said lease, such cultivation being estimated at 30 acres. (q) That whatever balance is due to the said Charlea Seymour on the promissory notes held by James Seymour shall be deducted from the balance of rents in arears.