526
THE NEW ZEALAND GAZETTE.
[No. 27

APPLICATION UNDER SECTION 7 OF "THE NATIVE LAND COURT ACT 1886 AMENDMENT ACT, 1888," FOR THE DEFINITION OF THE CROWN'S INTERESTS.

NOTE.—All cases which were previously advertised for hearing at Hastings and Waipawa, and which were adjourned to Moawhango, are now further adjourned to Waipawa, to be dealt with by the above Court, on the 24th day of April, 1894. Any case may be adjourned, on the application of the Natives interested, to Hastings, Danevirke, or elsewhere, at the discretion of the presiding Judge.

*Application to the Validation Court under "The Native Land (Validation of Titles) Act, 1893."

IN THE VALIDATION COURT,
GISBORNE.

In the matter of "The Native Land (Validation of Titles) Act, 1893"; and in the matter of "The Paremata Block."

A. THE Bank of New Zealand Estates Company (Limited), the chief office of which in the Colony of New Zealand is in the City of Auckland, applies under the above-mentioned Act for the validation of its interest in 8,475 acres, more or less, being part of the above-mentioned block, situate in the Native Land Court District of Gisborne.

B. The applicant company desires to appear before the Validation Court on Friday, the 11th day of May, 1894, at 10 a.m., or at the first sitting of the Court thereafter.

C. The nature of the transaction proposed for validation is a memorandum of transfer, dated the 3rd day of May, 1882, made by Wi Kingi, Henare Ruru, Wiremu te Ruki, Rawiri Karaha, Mihaera Koura, Arapeta Kurekure, Hori Mokai, Hepeta Maitai, Ema Miromiro, Hera Rangiuia, Kararaina Paipai, Eru Pao, Perenara Perehia, Ropihia Tamararo, Ata-reta, Miromiro, Mere Arihi te Awa, Himiona te Kani, Hami Rakatapu, and Paki te Amaru (vendors), to "The New Zealand Native Land Settlement Company (Limited)" in consideration of the sum of £9,000.

D. The land which was by the said memorandum of transfer intended to be alienated is all that piece or parcel of land at Uawa, in the district of Poverty Bay, in the Provincial District of Auckland, containing 8,475 acres, more or less, and being the whole of the land comprised in certificate of title dated the 5th day of April, 1882 (No. 87, Vol. ii.), issued by the Native Land Court in favour of the eighteen vendors named in the preceding paragraph c.

E. The estate or interest in the said land which the applicant company seeks to obtain through the aid of the Court is a freehold.

F. The manner in which, and the persons or companies through whom, the applicant company came to be invested with the title or rights which it now claims to hold, and the dates and particulars of each transfer are as follows:—

1. Memorandum of mortgage, dated the 3rd day of July, 1888, by the said New Zealand Native Land Settlement Company (Limited) to the Bank of New Zealand, whereby, in consideration of the sum of £135,000 lent and advanced, the said company mortgaged to the said bank, inter alia, all the estate and interest of the said company in the said 8,475 acres, more or less.

2. Memorandum of transfer, dated the 5th day of August, 1890, by the said bank to the applicant company, of all the estate and interest of the said bank in and to, inter alia, the said land.

3. Memorandum of transfer dated the 10th day of July, 1891, by the Registrar of the Supreme Court at Gisborne (upon default under the mortgage above mentioned) to the applicant company.

G. The address for service of the applicant company in the town of Gisborne is at the office of Cecil Albert De Lautour, solicitor.

H. The applicant company desires the estates and interests of the eighteen persons who executed the memorandum of transfer referred to in paragraph c bound by the decree of the Court, and for that purpose requires that copies of this application shall be served on them or their representatives (according to the list set forth in the schedule hereto).

The applicant company desires that all others who may claim to be interested in the validation applied for shall also be treated as parties to these proceedings, but the applicant company is unable (except as hereinafter mentioned) to specify any names as those of persons known to object to the validation applied for. Five actions in the Supreme Court have at various times since 1883 been commenced against the said company and others by the persons herein-after named, claiming on their own behalf and on behalf and for the benefit of all parties interested in the said land to resist the title of the said company and those claiming under it.

The following are the names of the plaintiffs in such actions: Ropihia Tamararo, Arapeta Rangiuia (otherwise Arapeta Kurekure), and Hepeta Kuhukuhu, all of Paremata, in the County of Cook, aboriginal natives.

The statement of claim in the last of these actions is appended hereto as showing the grounds of objection taken in such proceedings.

The applicant company requires that copies of this application be served on the above-named. The applicant company is not aware of any other aboriginal native nor of any European who may properly claim to be an objector.

Dated this 2nd day of March, 1894.

THE BANK OF NEW ZEALAND ESTATES COMPANY (LIMITED),
By its Agent and Colonial Manager,
(Signed) J. C. HANNA.
To the Registrar of the Validation Court, Gisborne.

The Schedule.

1. Certified surviving owners—
   Mihaere Koura, Tologa Bay; Arapeta Kurekure, Tologa Bay; Hori Mokai, Tologa Bay; Kararaina Paipai, Pakarae, via Gisborne; Perenara Perehia, Tologa Bay; Ropihia Tamararo, Tologa Bay; Atareta Miro-miro, Tologa Bay; Mere Arihi te Awa, Tologa Bay; Himiona te Kani, Tologa Bay; Wi Kingi Hori, Tologa Bay; Rawiri Karaha, Gisborne.

2. Certified owners who are dead. Successors appointed. Successors to be served.
   Eru Pao—dead. Successors—Hone Niwa, of Whangara, via Gisborne; Te Rua and Peihana, both of Gisborne; Maharata, of Whangara, via Gisborne; Te Ruia, of Tologa Bay.
   Paki te Amaru—dead. Successors—Karaitiana Amaru and Hera Rangiuia, the former of Tologa Bay, the latter dead.

3. Certified owners who are dead, but no successors appointed. The persons named as probable successors to be served.
   Hepeta Maitai. Hapata Kuhukuhu, Timoti Maitai, and Hirini Maitai are his probable successors, all of Tologa Bay.
   Ema Miromiro. Probable successors, the above three.
   Hera Rangiuia. Probable successor, Karaitiana Amaru, of Tologa Bay.
   Henare Ruru. Probable successors—Tepora and Oriwia Ruru, the former of Karaka, the latter of Tologa Bay.
   Wiremu Ruki. Probable successors—Paki Ruki and Katerina Ruki—a minor, nine years—both of Tologa Bay.

J. C. H.

No. 3206.

IN THE SUPREME COURT OF NEW ZEALAND,
NORTHERN DISTRICT.

(Writ tested 23rd day of December, 1893.)

BETWEEN Arapeta Kurekure (otherwise known as Arapeta Rangiria)

and

Hapata Kahukahu, both of Paremata, in the County of Cook, in this district, aboriginal natives, suing on their own behalf and on behalf of and for the benefit of all parties interested,

Plaintiffs;