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Maori Deeds of Old Private Land Purchases in New Zealand, From the Year 1815 to 1840, with Pre-Emptive and Other Claims

[untitled]

Proceedings of a Court held in Auckland, New Zealand, on the 26th March, 1847, Proceedings of Commissioner's Court. by Major Matson, Commissioner appointed by virtue of a Warrant from His. Excellency the Lieut.-Governor, bearing date the 12th December, 1846, under the Provisions of the Land Claims Ordinance passed on the 18th Novr., 1846.

George May appears as a Claimant before the Court on the following [above recited] Pre-emption Certificate.

page 446

Question by the Court: Have you taken actual possession of your claim by cultivation, fencing, or erecting any building on the same previous to the 18th November, 1846?

Answer: I have.

George May, sworn. George May, Settler, residing at Epsom, being duly sworn, states: I claim a tract of land situated at Remuera as described in the Pre-emption Certificate No. 194, and. Plan now before the Court, containing by admeasurement on or about, eight acres three roods and ten perches. I purchased this land from the Native Chief Wetere, of the Ngatimaho tribe, for the sum of Seven Pounds Sterling in the year 1844. I produce the Original Agreement and the receipt for Twelve Pounds, which includes Five Pounds paid by Henry Hayr for land purchased from the same chief. I paid the surveyors, Messrs. Elliott and Hughes, the sum of fifteen shillings for the plan of survey; and for other expenses attending the purchase, One Pound, making a total of Eight Pounds fifteen shillings. I have been in undisputed possession of the land since the purchase, residing on it, the principal part in cultivation and fenced, with improvements in progress. Am desirous of purchasing the reserve tenths in conformity with the 14th clause of the Land Claims Ordinance, and have made application to that effect.
Henry Hayr, sworn. Henry Hayr, Settler, residing at Epsom, being duly sworn, states: I was present when the Native Chief Wetere recd. payment from Mr. George May for the land described in the Pre-emption Certificate No. 194. The Memorandums of Agreement now before the Court are the original ones, and Wetere's signature: Mr. Greorge May paying Seven, and myself Five Pounds. The claimant has been living on the property since the purchase, and in undisputed possession.
Edward Meurant, sworn.Edward Meurant, Interpreter, being duly sworn, states: The Memorandums of Agreement now before the Court are the original ones. I was present when the money was paid to the Native Chief Wetere. That is his signature and acknowledgment. He was perfectly satisfied.
Chief Wetere, sworn. Wetere, Native Chief of the Ngatimaho tribe, being duly sworn, states: I sold the land described in the Pre-emption Certificate No. 194, and Plan now before the Court, to Mr. George May on the 23rd April 1844, for the sum of Seven Pounds Sterling. I have recd, the full consideratn. agreed on, and I have no further claim whatever. The land belonged to me: I had full power and authority to dispose of it. It ran up to the back line that divided the lands of the two native tribes. Beyond the line it belonged to E Kuti.
Commissioner's recommendation. There being no other witnesses produced before the Court, and having maturely considered the evidence, taking into consideration the Claimant having been in undisputed possession since the purchase, residing on the property, a large portion of the land under cultivation and fenced, improvements in progress, having paid, the Natives for the land the sum of Seven Pounds Sterling, and for other expences attending the purchase the sum of One Pound fifteen shillings, recommend that a confirmatory Crown Grant be [8 acres.] issued to the said George May for Eight Acres, including the reserve tenths three roods and eight perches, on payment for the same the sum of sixteen shillings, sterling, agreeable to the 14th clause of the Land Claims Ordinance.

Heney Matson,
Bt. Major 58th Begt. and Commissr.

Auckland, 26 March, 1847.

Minute. The accompanying Grant appears to be in conformity with the Governor's "Minute," and is approved.

Wm. Swainson,
Atty.-Genl.

Nov. 4/47.

No. 194.P.C. A True Copy of Original Document.

H. Hanson Turton.

Wellington, 14th May, 1880.