G.—9

14

Mr. P. A. F. Biech, Sheriff, to the Hon. the Minister of Justice. Sib,— Sheriff's Office, Napier, 28th July, 1880. I have the honor to report that on Saturday, 17th instant, I endeavoured to execute a writ of possession for Mr. John Harding, and to hand him over certain land adjudged by the Supreme Court to be his property, and situate near Waipawa. The writ bears date 21<th January, 1878, and was originally placed in the hands of Mr. Tylee, the then Sheriff, for execution. Mr. Hamlin accompanied me as interpreter, and the writ having been read and explained to the Natives, who were assembled in large numbers, they requested me to await the return of their chiefs, Matua and Nepia. Having formally placed bailiffs in charge, and the chiefs having returned, I allowed them till the 19th to talk over the matter, and should have been prepared to grant them a certain stipulated time in which to remove from the land. On the 19th, however, they informed me that the land was theirs, and was handed down to them by their ancestors, and that they positively would not remove, or in any way surrender possession ; and, further, that if "the Sheriff or his officers did anything that was bad to them they would not be answerable for the consequences." And it was quite evident that they would not surrender. Mr. Harding had meanwhile brought down some men with axes, saws, &c, and was desirous of commencing to demolish the whares and commence fencing. Had he done so the Natives would certainly have retaliated and resisted to the utmost, their numbers being then strengthened. Apprehending a serious disturbance, and having no force at my command, the police also having received instructions not to interfere, I had no alternative but to decline to allow Mr. Harding's men to act as they desired, and I retired, leaving the bailiffs still in possession. Mr. Harding thereupon informed them (the bailiffs) that they would have to look to the Sheriff for " both food and payment" from that moment. On Tuesday, 20th instant, I had no alternative but to withdraw the bailiffs, as I could not afford to pay them further out of my own pocket. Mr. Harding now intimates to me that he will enter an action against me for failing to put him in possession. This is briefly the substance of the transaction, and I enclose a report of my first day's interview with the Natives, which is substantially correct, and is taken from the Hawke's Bay Herald. I am sure it will be admitted that, under the circumstances, I could scarcely have acted differently without serious risk of a disturbance, more especially as the feeling of the people of Waipawa seems to be with the Natives. My position therefore was one of extreme difficulty, and, without assistance, lam unable to do anything more in the matter. I have, &c, P. A. F. Bieck, The Hon. the Minister of Justice, Wellington. Sheriff.

[Extract from Hawlce's TZay Hcrald.~\ The Natives at Mount Vemton. Me. P. A. F. Birch, Sheriff of Hawke's Bay, accompanied by Mr. F. E. Hamlin, Mr. Guy (solicitor for Mr. Harding), Sergeant Bullen, the bailiff and constable, proceeded on Saturday to Waipawa, and crossed the river to the Native pa. The Natives had received notice of the intended visit, and were all assembled in the meeting-house—men, women, and children —the women evidently taking a more lively interest in the proceedings than the men, many of whom were lying at full length on the floor enveloped in their blankets. The Sheriff commenced proceedings (Mr. Hamlin interpreting) by stating that by the adjudication of the Supreme Court of New Zealand the land in dispute at Mount Vernon belonged to Mr. Harding, and that he (Mr. Birch), as Sheriff of the Supreme Court, had come to take possession on behalf of Mr. Harding. The Sheriff then read the writ in English, and Mr. Hamlin interpreted it to the Natives. Mr. Hamlin, translating for the Sheriff, then requested the Natives to give up possession to the bailiff. Maite, a chief of Te Aute, spoke on behalf of the rest, and asked that proceedings should be stayed until the arrival of Henare Matua and Nepia te Apatu. The Sheriff replied that they had had ample time to consider, and there was nothing more to be said ; he must take possession. The chief responded that they were not in a position to reply to that, Nepia being away. The Sheriff then requested them to leave in a friendly manner, saying that he must carry out the law, and leave the bailiff in possession. Maike replied, "We are not in a position to reply. Those who heard the terms proposed by you (Mr. Hamlin), and Captain Preece for the Government, are absent." The Sheriff replied that he was going to take possession, and that they must leave at once. The Natives admitted that they had received a notice from Captain Preece that the Government had withdrawn their offer in respect to the land ; but one of them said the land was theirs, and began to argue with respect to the boundary. Another Native remarked that what Mr. Hamlin and Captain Preece had told them formerly did not agree with what was being done now. Mr. Hamlin told them that what he and Captain Preece had said before was an offer from the Government which they had not accepted, and it had been withdrawn. The law must therefore take its course. The Sheriff said he was then representing the Government, and he would place his bailiff in possession for Mr. Harding.—The Natives : We will not leave. —The Sheriff cautioned them against resisting the Queen's writ, and asked them when they would be prepared to leave. A Native replied that Henare Matua and Nepia would be there that day, and could reply. They were on their way there, but it might be late before they arrived. —The Sheriff: We will now leave the man in possession.— The Natives: Do not leave him here.—The Sheriff: He must remain where we leave him.—The Natives asked that he might be removed until the chief's came, adding, " Where will he get anything to eat ? " —Mr. Hamlin : We are not afraid but what you will find him something to eat. —A Native then quoted scripture, saying, "If your enemy hunger feed him ; if he thirst give him drink," but added that they were not going to feed this enemy, or give him drink.—The Sheriff: The bailiff will be left here to represent the Queen, and you had better make arrangements to leave immediately.—A Native (in a jocular way): We will starve him out. —Mr. Hamlin: There is not much fear of that. — The Sheriff then retired, leaving the bailiff, his assistant, and the constable in possession. He said he would return at 2 p.m. to see if the chiefs had returned. At two o'clock the Sheriff returned to the pa, and shortly after, Henare Matua and Nepia arrived. They again asked for delay, and the Sheriff finally agreed to wait till ten o'clock on Monday morning, leaving his men in possession.