The chief Mathew, not understanding the nature of an oath, declares he will tell the truth, and states: I sold a piece of the Big Mercury Island to Mr. Webster; it is situated at the south end. The boundaries are Momona, running in a direct line to Waihi, on the opposite side of the island. I received for this piece 2 casks of powder, 10 blankets, 12 cartouche-boxes, 12 spades, 12 handkerchiefs, 6 shirts, 3 gowns, 40lb. of tobacco, and £1 8s. in money. I was satisfied with this payment, and agreed to let the land go to Mr. Webster for it. I sold no more than the land above described. I sold none that belonged to Piripi, Kawharo, Kahe, and their party. There was another piece (not very large) that I agreed to sell also to Mr. Webster; he promised to give me three double-barrelled guns, some jackets, and other things for it, which he has never done, and therefore I do not consent to let him have this part. HENRY T. CLARKE, Interpreter. Taken in court before me this 15th day of June, 1843. M. RICHMOND. COROMANDEL HARBOUR, 29th May, 1844. Kawharo, Iona Ponaka, Karuhiruhi, Rawiri, Raha (chiefs) and Teti (a chieftainess), not understanding the nature of an oath, but declaring to tell the truth, state that the evidence formerly given (as above) by Piripi and Kawharo is cor rect; that they all oppose and deny the sale of the Island of Ahuahu (Big Mercury) to Mr. Webster; that they only received an earnest of the payment, and have never been paid since; that Mathew had only a right to sell from Momona to Waihi, the south end of the island, which they know he sold to Mr. Webster. The rest of the island belongs to us and our party, and we have not parted with any of it to Mr. Webster. HENRY T. CLARKE, Interpreter. Taken in court 29th May, 1844. E. L. GODFREY. The evidence of the above chiefs resumed: The boundaries of our land which we have not sold are from Tokokahukahu, along the southwest coast, to Huruhi; thence across the island to Poutoka, on the northeast coast; then along the coast to Waihi; then across the island from Waihi to Momona. The part to the south belongs to Mathew, and that to the northward of our land to Peĥe and Waingata and their party. HENRY T. CLARKE, Interpreter. Taken in court 29th May, 1844. E. L. GODFREY. Rawiri and Teti re-examined, and state that in consideration of the deposit received by their party, although trifling, they consent to give Mr. Webster the land from Poutiki to Taiwhatiti, and thence across to Takaikatea, and thence to Poutiki. Kawharo has consented to this, and he will point out the boundaries of the land we give up. Taken in court 1st June, 1844. HENRY T. CLARKE, Interpreter. E. L. GODFREY. List of articles enumerated on back of deed of sale Ahuahu (Big Mercury) given as payment: Half-ton powder, £100; 200 blankets, £200; 8 doz. shirts, £16; 80 spades, £32; 80 hoes, £20; half ton tobacco, £200; 85 tomahawks, £13; 20 gross superior pipes, £12; cash, £60; 40 pairs drawers, £12; 20 pieces prints, £30; 15 superior double guns, £165; 30 blue caps, £15; 10 cloaks, £35; 17 muskets, £34; total, £944. Amended list of articles proved to have been delivered: 10 kegs powder (500 lb.), 60 blankets, 8 doz. shirts, 40 spades, 40 hoes, 2 kegs tobacco (500lb.), 20 tomahawks, £60 sterling, 20 pairs drawers, 20 pieces print, 4 double guns (superior), 5 cloaks (superior), 20 blue caps, 20 muskets. Received in court 23rd May, 1844. WM. WEBSTER. E. L. GODFREY. CASE NO. 305K.-William Webster, of Coromandel Harbour, claimant. (80,000) eighty thousand acres, more or less, commencing at the mouth of a creek called Orua, on the left bank of the river Piako, from the mouth of the said creek running west to the summit of a hill called Maungakawa, and then south by west to the summit of a hill called Tukenui, and then south by west to another hill called Pukemoki, and then south by west along the division line of the peak and Waikato land to a point due west from the western extremity of a low ridge of hills called Panahuau; then due east to the river Piako, and then following the Piako downwards to the mouth of the said creek Orua, at the commencement. Alleged to have been purchased from the native chiefs Wane Kawa, Te Hoehoe, Te Waneponga, Te Weono, and others, on the 31st December, 1839. Consideration given to the natives: Cash and merchandise to the value of £1,195. Nature of conveyance: Deed in favour of the claimant. REPORT. The commissioners have the honor to report, for the information of his excellency the governor, that, from the accompanying evidence taken in claim No. 305K, they are of opinion that William Webster made a bona fide purchase from the native chiefs Koenaki, Ware Ponga, and others, on the 31st December, 1839, of a tract of land situated on the west bank of the river Piako. The supposed contents, 80,000 acres. The payment made to the natives for this land appears to have been on the 31st December, 1839: Cash, £35; goods, £563 168. Sydney prices × 3, £1,691 8s.; total, £1,626 8s. A deed of sale was executed by the above-named chiefs and others. The execution of the deed and payment have been proved by Henry Downing. William Webster deposes to the resale and transfer of one-half of the land described in this case to Peter Abercrombie ; also that claimed by the following persons: Henry Downing, Felton Mathew, and George Cooper, John Johnson, Vincent Wanostrocht, Jeremiah Nagle, and John Wrenn, Arthur Devlin, George Russell. But the maximum grant of 2,560 acres having been awarded to William Webster, no grant can be recommended in favour of any of these claimants. The commissioners, therefore, respectfully recommend that a grant for 2,560 acres of the above-described land should be issued to William Webster, his heirs and assigns, forever, excepting 100 ft. from high-water mark, and excepting the land belonging to the chief, Takapu. Dated at Wellington, this 18th day of December, 1843. M. RICHMOND, EVIDENCE. HAURAKI, THAMES, 3rd July, 1843. William Webster, of Coromandel Harbour, being duly sworn, states: I claim the land described in the deed before the court. It is situated on the west bank of the river Piako, and contains about eighty thousand acres. It is bounded as follows: In front by the river Piako, on the north side by the creek called Oura, on the south by Parawau, and on the back or west by a range of hills called Mangokawa, Pukenui, Pukemoke, and Panawau. I made the purchase of this land from the native chiefs Koenaki, Ware Tonga, and others, on the 31st December, 1839; that is, the deed was signed on that day, but I agreed for the land and made considerable payment before that time-viz., in the year 1838. I gave in payment all that is specified in the deed, and a great deal more which is not inserted. Nothing stated in the deed has been given after the date of it. I have expended about £200 in buildings and improvements on this purchase since I made it, and have had an agent residing upon it for two years. This claim has not been disputed by any European since I made the purchase: but I have heard lately that a chief named Takapu lays claim to a small part of it, for which I was not aware he had not been settled with, but which would have been the case had he been present. With respect to the opposition of the native Puru, it is incorrect, and I believe the man is out of his mind. I deny giving him any note of hand. I have sold one-half of this land to Mr. Peter Abercrombie. Out of the remaining half I have sold and conveyed to the following persons, dividing it into twenty shares, viz, five shares to Messrs. Mathew and Cooper, two and a half to Dr. Johnson, two and a half to Mr. Arthur Devlin, two to Mr. George Russell, one to Mr. Henry Downing, half to Mr. Vincent Wanostrocht, half to Messrs. Jeremiah Nagle and John Wrenn, and six reserved to myself. These persons have claimed for what I sold them in the several cases opposite their names. I have given each of them deeds of transfer. I have nothing whatever to do with McCormack's claim on the west bank of the Piako, nor any interest in it; neither have I anything to do with the land claimed in Cases Nos. 96, 142, 178, and 223. These, I believe, derive from McCormack. I know nothing of Claims Nos. 28, 30, and 31, 71A, 80, 83, 93, 121, 138, 152, and 316. These claim through Mr. Peter Abercrombie, out of the half I sold him. Sworn before me this 3rd day of July, 1843. WM. WEBSTER. M. RICHMOND. CASE NO. 305M.-William Webster, of Coromandel Harbour, claimant. (2,000) two thousand acres, more or less, situate on the southeastern side of the island of Waiheke, commencing at a point called Opatia, running north along the shore to a point called Tarawhanui, and from each of these points northwest by west to the northwest side of the island. Alleged to have been purchased from the native chiefs Ngake-te, Kupunga, Tuaruhi, and others, on the 8th May, 1838. Consideration given to the natives: Merchandise to the value of £108. Nature of conveyance: Deed in favour of claimant. REPORT. The commissioners have the honor to report for the information of his excellency, the governor, that, from the accompanying evidence taken in Claim No. 305M, they are of opinion that in 1838 William Webster made a bargain with the native chiefs Ruinga and Kotearohi of a tract of land in the island of Waiheke, and called Te Tarawhanui; the supposed contents, 3,500 acres. The payment made to the natives for this land appears to have been-cash, 10s. ; goods, £79 10s.; total, £80, paid prior to 1840. Claimant has also promised to build a schooner, value £200, for the natives. A deed of sale was executed by the abovenamed chiefs and others, and they have admitted the payment they received and the alienation of the land upon condition of the payment being completed. It appears that the payment of this land has not yet been completed by the claimant; and such transactions having been forbidden by the proclamation of his excellency Sir George Gipps, dated the 14th of January, 1840, the claimant is not entitled to the usual grant; but as an outlay of £80 was made prior to the above date, the commissioner therefore recommends that a grant for eighty acres, being at the rate of one acre for each pound sterling expended, of any land of average value should be issued to William Webster, his heirs and assigns, forever, except 100 ft. from high-water mark. Auckland, 1st July, 1843. AMENDED REPORT. EDWARD L. GODFREY, Commissioner. The maximum grant of 2,560 acres having been awarded to the claimant, no grant is recommended. Wellington, 16th December, 1843. CLAIM OF WILLIAM WEBSTER. EVIDENCE. I bargained for this William Webster, being duly sworn, states: I claim a piece of land at Waiheke, in the firth of the Thames, containing about 3,500 acres. land in the year 1838, and gave some goods then and an additional payment in 1839, and also in October, 1840; I have also given the natives a promissory note for a schooner valued at £200. I have conveyed two portions of this land-one to John Halls, and the other to Robert Girdwood; but I have not received the purchase money. WM. WEBSTER. Ruinga, a native chief, not understanding the nature of an oath, but declaring to tell the truth, states: Some years ago I and Kotearohi signed the deed now We sold the land described in it to Mr. Webster, and we reshown to me. ceived 40 lb. of tobacco, 2 pairs of trousers, 10 shillings, 5 double-barrelled guns, 8 single-barrelled guns, 8 cartouche-boxes; and we have the promise of a schooner to complete the payment. We had a right to sell this land, and have never sold it to any other person. If the vessel is not given to me I shall not give up the land or consider it sold. Taken in court, 19th June, 1843. THOMAS S. FORSAITH, Interpreter. E. L. GODFREY. CASE NO. 32.— William Abercrombie, Jeremiah Nagle, and William Webster and Co., claimants. (20,000) twenty thousand acres, more or less, viz, all that island called Aotea, or Big Barrier, lying in 36° 4' south latitude, 175° 40′ east longitude, howsoever the said island or any part thereof is bounded, situated, known, or distinguished, or intended to be. Alleged to have been purchased by the present claimants on the 20th March, 1838, from the native chiefs Horeta, Urimibia, Kitabi, Te Mariri, I Ingare, I Maurie, E Rite, Tawa te Kune, I Ngabue, Í Rukeroo, Taumara Huato Hua, Taru Whotu, Rukoo, Rupa Rupa, I Moona, Tau Toko, and Te Heru. Consideration: Various articles of merchandise to the amount of £1,140 sterling. Nature of conveyance: Deed to claimants, dated 20th March, 1838. REPORT. The commissioners have the honour to report, for the information of his excellency the governor, that, from the accompanying evidence taken in Claim No. 32, they are of opinion that in 1838 the claimant made a bona fide purchase from the native chiefs, Horeta and others, of a tract of land thus described: Part of the island of Aotea, or the Great Barrier Island. The payment made to the natives for this land appears to have been, in March, 1838: Cash, £10; goods, £570 15s.; total, £580 15s. A deed of sale was executed by the above-named chiefs and others, and they have admitted the payment they received and the alienation of part of the island. The portion admitted to have been sold is the land lying north of the following boundaries, including the island of Kaikoura : Commencing at Akatarere, on the west coast, a little north of the small island Rangiahua, to Papakuri to the eastward; thence to Maungapiko; thence to the southernmost bay of the inner harbour: thence along the shore to a stream called Wairapi; following the windings of this stream, it then runs in an easterly direction to the summit of the range of hills; thence along the summit of said range northerly to Mount Hirakunata; thence, still proceeding in a northerly course, along the summit of the range of hills to Pairoa and Ohineuru on the south bank of the creek Wangapoua; thence along the same bank of Wangapoua to the sea; excepting from the above limits the land which belongs to Pukeroa, which is bounded in front by part of the inner harbour, on one side by the small stream Kaiaraara, on the other side by a place called Kotuka, and on the back by a place called Ongungu; and also excepting all the cultivations and set tlements of the resident natives. The rest of the island, lying southwards of the above boundaries, does not appear to have been purchased from the rightful owners, the Chief Tara and his party, who alone of the sellers maintain any right to lands within this portion, having acknowledged to have received for their share only three pairs of blankets, and the opposition of Tamati Walker and Tarikirangi being even admitted by Tara to a considerable extent. The claimant having already received a maximum grant of 2,560 acres, no grant is recommended. Coromandel Harbour, 10th June, 1844. EVIDENCE. EDWARD L. GODFREY, Commissioner. COROMANDEL HARBOUR, 23rd May, 1844. William Webster, being duly sworn, states: I claim, on behalf of myself, Jeremiah Nagle, and William Abercrombie, the island called Aotea, or the Great Barrier, or such portions of it as shall be admitted to have been sold by the natives. I made this purchase for myself and the above-named parties upon the 20th March, 1838, from the native chiefs Horeta, Uramoia, and others, and paid them £20 sterling in cash, and goods to the value of nearly £1,000. For some of the articles specified in the deed of sale as payment, but not yet delivered, the natives hold my promissory notes. I exhibit the original deed of sale, and deposit a copy of it with the court. It describes the purchase as being for the whole of the island, but some other natives have laid claim to the south-eastern part. The northern end; upon which mining operations have been commenced, has never been contested. I deliver a correct list of the articles given to the natives and admitted to have been received by them, as there are errors in that written on the back of the deed. Received in court 23rd May, 1844. WILLIAM WEBSTER. E. L. GODFREY. [Extracts from the minutes of the Executive Council, Tuesday, 18th June, 1844.] His excellency submitted for the consideration of the council the land claim of Messrs. William Abercrombie, Jeremiah Nagle, and William Webster to the Barrier Island. His excellency stated that it appeared from the report of Mr. Commissioner Godfrey that the claimants had validly purchased a considerable part of the Barrier Island; but, as one of the parties, William Webster, has already had a large grant awarded to him upon other claims, the commissioner had not recommended any grant in respect of this claim to either of the said parties. His excellency, remarked that this appeared to him a case of extreme hardship; and, as he considered that great benefit would accrue to the colony by awarding those parties a grant of part of the Barrier Island for the purpose of enabling them to proceed with their mining operations, on which much capital had already been expended, he felt disposed, as this was a special case, to step out of the usual course. He would, however, be glad of the opinion of council on the following-points: First, whether any grant should be issued to Messrs. Abercrombie, Nagle, and Webster; and, Second, whether the commissioner should be authorized to recommend an ex tension of any such grant beyond 2,560 acres. After full consideration, council were unanimously of opinion that, under the peculiar circumstances of this case, a grant of part of the Barrier Island should be awarded to the claimants, and that the commissioner should be authorized to recommend an extension of the said grant beyond the usual maximum grant of 2,560 acres. True extract. J. COATES, Clerk of Council. Special award.-A deed of grant to be issued to Messrs. William Abercombie, Jeremiah Nagle, and William Webster for all that part of the Great Barrier |
