G.—sc

2

the fee simple of his land, when allocated, and the price agreed upon was paid in full at the time of the bargain, and represented the then fair market value of the scrip. Second.—When the agreement was of the same sort as the last; but the money paid down was nominal, or did not approach the market value, at the time, and was quite incommensurate with the probable value of the land when the Crown grant should be issued. Third.—Agreements to lease for long terms, to commence when the land should be allocated or Crown granted, at a rental which might or might not be fair, but no money, or a mere nominal sum, paid at the time of the agreement, and of course from the very nature of the transaction no legal tenancy being created. Fourth.—Similar agreements to lease, but several years rent (in one case fifteen, in another seven) being paid in advance. 4. The request of the claimants generally was, that I would confirm the transactions. I told them that I had no power to do so, but could only recommend to His Excellency a method by which he might protect their transactions, if he thought proper to do so, to a certain extent. The first duty of the Governor, as it appeared to me, would be to issue a Crown grant for the land to which the particular scrip was allocated. This grant must be in favour of the allottee to whom the pledge of the Government had been given, and it could not be incumbered on the face of it by any obligation to convey or lease the land to another person. The only course which I can suggest, in any case in which the Governor might think that a claimant was entitled to protection, would be that he should withhold the issue of the Crown grant till the allottee should fulfil the agreement into which he had entered, and for which he had been fairly paid. In three of the classes of cases which I have specified above, I think such a course might be justifiable; first, when the transaction being in all respects bond fide, the purchaser actually paid down at the time the full market value ; secondly, in the case of an agreement for a future lease, the rental reserved was fair, and a bonus, or several years' rent, were paid in advance. In these cases I think the grant might fairly be withheld till the allottee carried out the arrangement into wliich he had entered. Thirdly, when the claimant had advanced a considerable sum at the time of the transaction, but one altogether inadequate to the probable value after the land should be allocated, I would recommend that the grant should be withheld till the amount paid, with simple interest at legal rate, had been refunded. In all other cases I think the Governor should simply ignore the transaction, and issue the grant to the allottee as if the claim had never existed or been brought under his notice. In almost every case in which I intimated any doubt of the fairness of the transaction towards the natives, I was assured that they were quite satisfied and willing to confirm it. In two cases they were brought forward to say so ; but on my explaining the nature of the transaction, they appeared to hesitate as to whether they had not made an improvident bargain. If, however, it be as the claimants allege, that the selling natives perfectly understood the nature of the bargain at the time of the agreement, and would confirm it if the Crown grants were in their hands, it is clear that the claimant requires no protection at the hands of the Governor, and will lose nothing by not having his approval. He has only to wait till the native is put in possession of his land, when he will, no doubt, fulfil his agreement. In conformity with the above suggestions I annex a Schedule, in which I have dealt with each case separately, and now respectfully submit my recommendations for His Excellency's consideration. William Fox, 29th June, 1882. West Coast Commissioner.

Schedule. Claims laid before the West Coast Commissioner on the 19th, 20th, and 21st June, 1882. 1. Mary Lenehan. —No evidence of any valuable consideration. The original awardee, Honehira te Rangihaemate, dead. Recommended that grant issue to his heirs, on proving succession. (Award 55. G.-2., 1880. Appendix 8., p. 17.) 2. John Purdie. —Original agreement for 21 years' lease from Te Rakatau to J. W. Wilkinson, of 200 acres. Fair rent, increasing every seven years. Wilkinson sold his right to Bishop, who resold to Purdie and Dugdale, and the latter to Purdie. The whole amount paid by Purdie was £165. He is a hard working farmer, of very good character, with a very large family. Under all the circumstances, I recommend that the Crown grant be withheld, till a lease is granted to Purdie, in conformity with the terms to Wilkinson. Te Rakatau is dead, but his son (of same name,) concurs in the transaction. (Award 52. Appendix 8., p. 17.) 3. John Purdie. —Agreement with Hoera for 21 years' lease of 150 acres. No money paid. I recommend that the grant be issued to the native awardee, without notice of lease, on production of order of succession, to his brother and sister. (Awards 96, 90, and 76. Appendix 8., p. 17.) 4. Oeonje Stockman. —Conveyance in fee of 50 acres, from Hariata Ihaia. Consideration £50, paid in full, at date 27th August, 1880. Recommended that grant be issued to Hariata Ihaia, and handed to Stockman. (Award 73. Appendix 8., p. 17.) 5. George Stockman. —Conveyance in fee of 50 acres, by Honi Pumipi. Consideration £50, paid at date 26th August, 1880. Recommended grant to Pumipi, to be handed to Stockman. (Award 94. Appendix 8., p. 17.) 6. George Stockman.— Conveyance in fee of 50 acres, by Teieti Kotuku. Consideration £75, paid at date 24th August, 1880. Recommended grant to Teieti, to be handed to Stockman. (Award 89. Appendix 8., p. 17.) 7. George Stockman. —Conveyance in fee of 100 acres (moiety of scrip for 200), by Wi te Arei. Consideration £125, paid at date 24th August, 1880. Recommended grant to be issued to Wi te Arei, to be handed to Stockman. (Award 97. Appendix 8., p. 17.) 8. George Stockman. —Conveyance of 50 acres, from Wi te Arei. This claim is between Te Hoe and Omuturangi, within which district all scrip merges in the reserves. Stockman must take his chance whenever the tribe individualizes. No grant to issue except to the hapu. (Award 313. Appendix 8., p. 19.)