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I would further recommend, — J. That the wills set out in Schedule A hereto be validated so as to pass the respective sections mentioned therein to the devisees, but not clear of restrictions, as laid down in The King v. Price. 2. Also, that the succession orders described in Schedule B hereto shall be deemed to be confirmed and validated. 3. Also, that as regards Sections 1, 2, 86a, 86b, and 87, the question as to the proper persons to succeed to the interest of Tiaki Horomona, deceased, the Native Appellate Court should be directed, on the matter coming before them, to make orders in terms of any agreement the parties might arrive at that in the opinion of the Court was fair and equitable; in the event of the parties failing to agree, the Court to decide as if the will of the said deceased had not been validated as to sections restricted against disposition by will, and for such purpose, if necessary to enable a fair apportionment to be made, to cancel any existing orders appointing successors to the said deceased, whether they are included in the outstanding appeal or not. 4. That succession order dated the 10th January, 1911. appointing successors to the interest of Kamari Tau, deceased, in Section 95, should be cancelled, as will of deceased would pass the land. Restrictions do not bar a disposition by will in this case. 5. That the cancellation on the 18th August, 1904, of succession orders dated respectively the 2nd October, 1893, and the 10th September, 1902, for the interests of Heremaia Taunoa. deceased, and Rakera Taunoa, deceased, in Section 97 be confirmed ; as also that of succession order for Rakera Puma's interest in Section 55. 6. That succession order dated the 25th October, 1904, for interest of Tutu Tipao in Section 135e be cancelled. 7. That succession order dated the 12th January, 1909, for interest of Mata Kara, deceased, in Section 100 be cancelled. 8. That, in the event of the Native Land Court admitting the will of Makarini Mokomoko, deceased, to probate (application for same having been lodged, but not yet heard), the following succession orders for interests of the said deceased be cancelled : — Date of Order. In favour of Section. January 6. 1911 .. .. .. Teone Muaka Mokomoko 124 „ „ 130 November 8. 1910 ...... „ 141 .. 142 But note particular report as to Section 124. and conveyance to McQuillan therein referred to. 9. That conveyance dated Oth February, INN!). Hapurona Taupata to lhaia Pohata, of Section 42, be declared invalid. 10. In the closing-hours of the; inquiry the question of compensation to persons who migb.l he dispossessed by legislation was raised, and on this point I draw attention to the remarks of both Mr. Bishop and Mr. Wright in their concluding addresses. There are some cases of particular hardship that I would recommend for consideration :— First, the position of the lessee of Section 64 as detailed in the report on that subdivision. Secondly, there has been considerable hardship under the circumstances set out in the particular reports on Sections 75 and 31. All parties concerned in the litigation therein described before the Supreme Court and Court of Appeal have been put to heavy expense. These cases were of the nature of test cases, to ascertain the actual legal position, as requested by the Government. As report on Section 31 shows, judgment has been obtained against otic of the devisees for a considerable amount. The Natives are,, not well off, and this expense hps been a heavy burden. Some of the counsel engaged have not yet received payment, and with the papers attached hereto "ill be found a statement of amount due to one legal firm (see Appendix E). In the particular report on Sections 31 and 104 I suggest that Mikaera Turangatahi's will be not validated as to Section 31, but that the Urus be given a' share in Section 104. Thirdly, there is hardship to Ruita Toitoi Mutu under the circumstances set out in report mi Section 81. For more definite, information concerning sections the titles whereof have been disputed see the attached memorandum marked "Particular Report as to Various Sections." I have, &c. W. E. Rawson. Commissioner.

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