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special claims against the Crown of a nature which were distinct from the claims of any other person whomsoever and that it was expedient that provision should be made for the final settlement of the claims of the said James Busby it was inter alia enacted that (the said James Busby giving the notice within the time and in the manner thereby required) it should be lawful for the Governor any Act or Ordinance of the New Zealand Legislature notwithstanding and for the said James Busby to refer the said matters (being the matters referred to in the said preamble) to arbitration and that (within a time specified) three indifferent persons should be elected and chosen one by each of them the said James Busby and the Colonial Secretary and the third by the Arbitrators so chosen and that the Award of the said Arbitrators or of any two of them as the case might be should be final and conclusive and should not be set aside on any grounds whatsoever and that the only issues which should be referred and on which an Award should be made should be the issues hereinafter mentioned and that the said Arbitrators should have power inter alia to determine by whom and in what manner the costs of the Arbitration should be paid and that it should be lawful for the Governor in satisfaction of the Award of the said Arbitrators to issue to the said James Busby a Crown Grant or Crown Grants of any lands comprised within his original claims and remaining unsold and further to issue in respect of the aforesaid claims (being the claims last mentioned) or damages such amount of land scrip in such form and for such sums as should be awarded and directed by the said Arbitrators which land scrip should be received in payment for any lands to be selected by the said James Busby within the said Province of Auckland out of any lands open for sale or selection under the provisions of the law for the time being in force within the said Province relating to the disposal of the waste lands of the Crown And whereas by an instrument in writing bearing date the Twenty ninth day of November One thousand eight hundred and sixty-seven made in pursuance of the said Act between His Excellency Sir George Grey K.C.B. then Governor of New Zealand and the said James Busby and under the hand of the said Sir George Grey and the said James Busby after reciting partly as thereinbefore is recited and that the same James Busby had signified he was willing that his claim against the Crown should be finally settled and that the said James Busby had selected and chosen me the said Samuel Jackson to be an Arbitrator and the Colonial Secretary had elected and chosen Daniel Pollen Esquire of Auckland to be an Arbitrator and that I the said Samuel Jackson and the said Daniel Pollen had elected and chosen me the said James Tannock Mackelvie to be an Arbitrator the said Sir George Grey

the Governor did by the now reciting instrument refer and the said James Busby did thereby also refer to the Award and final determination of the said Samuel Jackson Daniel Pollen and James Tannock Mackelvie or any two of them in respect of the several matters referred to in the preamble to the said Act the following Issues “Is the said James Busby entitled to any and if any to what quantity of land in respect of his said claims at the Bay of Islands Ngunguru Whangarei and Waipu and has the said James Busby suffered special damages in respect to any of the said claims”

Now we the said Samuel Jackson and James Tannock Mackelvie two of the Arbitrators duly appointed as hereinbefore is recited in pursuance of the said Act and under the said instrument in writing having together with the said Daniel Pollen taken upon ourselves the burthen of the reference having duly weighed and considered the said Act and the powers thereby conferred on us the matters of fact referred to and admitted in the preamble thereto the Issues comprised in the fifth Section thereof and also the ninth section of the said Act more especially so far as relating to the Award of the Arbitrators and sums to be awarded the allegations of the said James Busby and the proofs vouchers and documents which have been produced Do hereby jointly in exercise of the power on us conferred by the third Section of the said Act make and publish our Award in writing of and concerning the premises in manner following that is to say

As to the first Issue referred we do award and adjudge

1. That the said James Busby is well entitled to nine thousand three hundred and seventy-four acres of land at the Bay of Islands within the boundaries of his several claims for land at the Bay of Islands purchased from Natives by him as the same are delineated by the plans drawn on Crown Grants dated respectively the sixteenth day of May one thousand eight hundred and forty-four and Registered under numbers Eleven E Thirteen E Fourteen E Seventeen E Eighteen E Fifteen E Sixteen E Ten E and Twelve E in the Deeds Registration Office for the Province of Auckland

2. That the said James Busby is well entitled to forty-five thousand acres of land at Ngunguru in respect of his claim for land at Ngunguru

3. That the said James Busby is well entitled to ninety-eight thousand acres of land at Whangarei and Waipu in respect of his claim for land at Whangarei and Waipu

As to the second Issue we do award and adjudge that the said James Busby has suffered special damages in respect to his said claims for land as follows that is to say at Ngunguru Fourteen thousand two hundred pounds at Whangarei and Waipu Twenty two thousand six hundred pounds and we award and adjudge him the sum of Thirty