No. 83 of 1882.—Petition of Allan O'Neill.
Petitioner states that, in the year 1873, Okiwi Ngatara, of Ohinemutu, borrowed from him £750 for the purpose of paying the costs of survey, &c., incidental to establishing a claim of Ngatara to Patetere No 2; that, as security, Ngatara gave petitioner charge over his title to said land; that several times the petitioner has applied for a repayment of the advances but could never get the money; that on the 7th April, 1876, judgment in his favour was got in the Supreme Court for the debt to the amount of £938 10s. 10d.: that on the 11th May, 1877, the charge against the land was registered in the office of the Native Land Court, Auckland; that petitioner frequently attended the sitting of the Court to protect his interest, but the hearing of Patetere No. 2 was always adjourned; that he has since learned that the hearing of Patetere No. 2 was dismissed finally by the Court because it was found that the land was included in the Tokoroa Block, for which an order for memorial of ownership had been made; that petitioner could not pursue the matter because Government had issued a Proclamation over Patetere No. 2, and Tokoroa; that Ngatara is interested in other blocks; and that petitioner cannot get his claims satisfied owing to Government having issued Proclamations over the lands of which Ngatara is part owner. Petitioner prays that Government should either pay him the amount of Ngatara's debt, with interest, or cause the same to be a first charge upon Ngatara's lands.
I am directed to report as follows: —
That a similar petition was considered by the Public Petitions Committee in 1876, when it was referred to the Government for inquiry. In 1879 petitioner again applied for redress, when this Committee recommended inquiry into the facts. The petitioner himself has produced no evidence beyond a copy of the judgment in his favour for the sum of £938 10s. 10d.; but, from evidence obtained by Government and furnished to this Committee, it would seem that petitioner has no equitable claim against either the colony or the unfortunate Native against whom he has obtained judgment.