38
THE NEW ZEALAND GAZETTE.
[No. 13

and thence by the north-western boundaries of the aforesaid Section No. 126; and thence by a public road forming the eastern boundaries of Sections Nos. 127, 129, 130, 131, 132, 133, 134, 135, 136, 103A, 88, 89, 90, 91, and 95 of the Parish of Kirikiri-roa aforesaid; and thence by the road forming the south-eastern boundaries of Sections Nos. 140, 141, 142, 143, 144, 145, and 146 of the Parish of Komakorau: thence again towards the north by a road forming the southern boundary of Section No. 223 to a point in line with the eastern boundary-line of the said Section No. 223: thence again towards the west by a right line to and thence by the eastern boundary of the said Section No. 223 of the Parish of Komakorau to the point of commencement: as the same is delineated on the plan marked S.G. 52805, deposited in the Head Office of the Lands and Survey Department, Wellington, and thereon bordered green.

J. F. ANDREWS,
Acting Clerk of the Executive Council.

Consenting to Application under Section 2 of “The Land Titles Protection Act, 1902.”

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this eleventh day of February, 1905.

Present:

THE HONOURABLE W. HALL-JONES PRESIDING IN COUNCIL.

WHEREAS one Margaret Emma Hilton Beale, wife of Ernest Clifton Beale, of the City of Auckland, in the Colony of New Zealand, solicitor, as plaintiff, has commenced an action in the Supreme Court of New Zealand, Northern District, against Tihema te Hau, Rikiriki Mehaka, Wi Patene Tarahanga, Te Whaiti Paora, Mika te Tawhao, Wharepapa Peita, Hahona Hemi, Ngahoro Tarahanga, Kaka Rameka, Te Rama te Whaiti, Wi Teremoana, Hoani Temumuhu, Te Atarau Temumuhu, Hira Mumuhu, and Tikino Temumuhu, as defendants, which said action is numbered under Number 4083: And whereas the said action concerns the title to a certain piece of land called or known by the name of Part Waiohau No. 1B Block, which said piece of land is more particularly described in the First Schedule hereto: And whereas the said defendants for the purposes of their defence seek to call in question in such action the validity of certain orders of the Native Land Court, Crown-grant, certificates of title, and other instruments of title, which said certificates of title and other instruments of title are more particularly set forth and described in the Second Schedule hereto: And whereas subsection one of section two of “The Land Titles Protection Act, 1902,” provides as follows: “In the case of Native land or land acquired from Natives the validity of any order of the Native Land Court, Crown grant, or other instrument of title purporting to have been issued under the authority of law which has subsisted for not less than ten years prior to the passing of this Act shall not be called in question in any Court or be the subject of any order of the Chief Judge of the Native Land Court under section thirty-nine of ‘The Native Land Court Act, 1894,’ unless with the consent of the Governor in Council first had and obtained; and in the absence of such consent this Act shall be an absolute bar to the initiation of any proceedings in any Court calling in question the validity of any such order, Crown grant, or instrument of title, or the jurisdiction of the Native Land Court to make any such order, or the power of the Governor to make and issue any such Crown grant”: And whereas the said Part Waiohau No. 1B Block, the subject of the said action as aforesaid, falls within the provisions of the said subsection number one as being “land acquired from Natives,” and the said orders, Crown grant, certificates of title, and other instruments of title so set forth in the said Second Schedule also fall within the provisions of the said subsection number one as having “subsisted for not less than ten years prior to the passing of the said Act”: And whereas the said defendants have made application for an Order in Council under subsection two of section two of the said Act to enable them to call in question in the said action the validity of the said orders, Crown grant, certificates of title, and other instruments of title as aforesaid: And whereas upon due inquiry having been made as is provided in said subsection two of section two of the said Act, and the Governor being satisfied that a prima facie case has been established, and that it would be inexpedient to dispose of it by remedial legislation or any other procedure which would obviate litigation, it is deemed expedient that the said defendants should be allowed to call in question in the hearing of the said action and in their defence of the same the validity of the said orders, Crown grant, certificates of title, and other instruments of title as aforesaid:

Now, therefore, His Excellency the Governor of the Colony of New Zealand, in pursuance and exercise of all powers and authorities in that behalf vested in him by “The Land Titles Protection Act, 1902,” or otherwise howsoever, and by and with the advice and consent of the Executive Council of the said colony, doth hereby order that the said defendants shall have leave to call in question in the hearing of the said action Number 4083, and in their defence of the same, the validity of the said orders of the Native Land Court, Crown grant, certificates of title, and other instruments of title more particularly set out and described in the Second Schedule hereto.

SCHEDULES.

THE FIRST SCHEDULE HEREINBEFORE REFERRED TO.

ALL that piece or parcel of land, containing by admeasurement 3,500 acres, more or less, and being part of the Waiohau No. 1B Block, and numbered 42061B, situate in the Galatea Survey District, in the Provincial District of Auckland, in the Colony of New Zealand; as the same is delineated on a plan deposited in the Survey Office at Auckland as No. 4206 1B, and being the whole of the land comprised and described in certificate of title, Vol. 55, folio 70, of the Register-book at Auckland aforesaid.

THE SECOND SCHEDULE HEREINBEFORE REFERRED TO.

1. Two orders of the Native Land Court, dated the 11th September, 1886, purporting to be made under “The Native Land Court Act, 1880,” and “The Native Land Division Act, 1882,” effecting or purporting to effect a division of the Waiohau No. 1 Block into Waiohau No. 1A and Waiohau No. 1B Blocks.

2. Crown grant under the Native Land Acts, “The Native Land Court Act, 1880,” and “The Native Land Division Act, 1882,” for Waiohau No. 1 Block, containing 7,000 acres, more or less, dated the 18th July, 1887, and registered in Vol. 47, folio 154, of the Register-book at Auckland, in favour of Peraniko Ahuriri, otherwise Peraniko Pani, and Hira te Mumuhu. Also the various dealings registered thereon, being as follows:—

(a.) Transfer 9551, Peraniko Ahuriri and Hira te Mumuhu to John Lamb Soutter, of Auckland, gentleman.

(b.) Transfer No. 10342, from John Lamb Soutter to Margaret Burt, of Matata, settler.

(c.) Mortgage No. 7754, from Margaret Burt to the Bank of New Zealand.

(d.) Discharge of mortgage No. 7754.

(e.) Transfer No. 11500, from Margaret Burt to Henry Piper, of Akaroa, stockowner, of part of block as shown on deposited plan No. 4206 1B, in the Survey Office.

3. Certificate of title under the Land Transfer Act for part Waiohau No. 1B Block, containing 3,500 acres, more or less, dated the 9th October, 1889, and registered in Vol. 55, folio 70, of the Register-book at Auckland, in favour of Margaret Burt, of Matata, settler. Also the various dealings registered thereon, being as follows:—

(a.) Mortgage No. 8518, Margaret Burt to John Probert, of Auckland, gentleman.

(b.) Mortgage No. 8519, Margaret Burt to the Bank of New Zealand.

(c.) Caveat No. 698, by the District Land Registrar.

(d.) Withdrawal of caveat No. 698.

(e.) Transmission No. 615, the estate and interest of John Probert, deceased, in mortgage No. 8518 to Thomas Buddle, solicitor, Frank Phillipps, oil and colour merchant, and Robert Proude, accountant, all of Auckland.

(f.) Transfer No. 12627, of mortgage 8519, Bank of New Zealand to the Bank of New Zealand Estates Company (Limited).

(g.) Z. 1079: By order of the Supreme Court, dated the 15th December, 1903, mortgage No. 8518 became vested in John Edson and others.

(h.) No. 1625, Warrant of His Excellency the Governor, dated the 23rd August, 1892, taking part of within land for a road (12 acres 3 roods).

(i.) Z. 3346: By order of the Supreme Court, dated the 29th April, 1902, mortgage No. 8518 became vested in the Rev. Joseph Henry Simmons and others.

(j.) Transfer No. 31660, on sale in default under mortgage No. 8518, from the Registrar of the Supreme Court to John Edson and others.

(k.) Transfer No. 33767, John Edson and others to Margaret Emma Hilton Beale, of Auckland, wife of Ernest Clifton Beale, of the residue of within land.

J. F. ANDREWS,
Acting Clerk of the Executive Council.