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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

Report of Land Claims Commissioner. — Claim No. 257a

Report of Land Claims Commissioner.
Claim No. 257a.

Claimant: Henry Moreing, Esquire,

Wellington.
The Commissioner has the honor to report, for the information of His Excellency the 1845. 31 March.Commissioner Spain's report. Governor, that, from the accompanying evidence taken in Claim 257a, he is of opinion that John Bell, Alexander Davidson, and Archibald Mosman made a bonâ fide purchase from the Native Chiefs Rauparaha, Rangiaiata, and Nohuroa of a tract of land thus described:—"2,000 two thousand acres, more or less, being all that piece of land known as the Island of Mana or Warspite Island, in Cook's Straits, about 14 miles S.E. of the Island of Kapiti in Entry Island." The supposed contents: Two thousand acres more or less. The payment made to the Natives for this land appears to have been, Goods £26, Sydney prices in 1832, multiplied by 3, equal to £78.

A deed of sale was executed by the above-named Chiefs in favour of John Bell, Alexander Davidson, and Archibald Mosman, through whom Mr. Moreing claims.

The evidence of Davidson, who was personally engaged in the original transaction, is positive as to the treaty with the Natives for the purchase, and the payment of the goods mentioned in the deed. Other European witnesses have deposed to the residence of Bell upon the Island, the erection of houses, &c., and the introduction of stock at different periods; and Davidson states that he removed some of the latter when he touched at Mana on his way to England in 1834, on which occasion he saw both Rauparaha and Rangiaiata, neither of whom "made the least objection to his right." Davidson further states that about £350 have been expended in buildings and inprovements, and that to his knowledge 6 or 8 cows and about 60 sheep were landed on the Island.

Rauparaha positively denies his participation in any transaction with Davidson for the sale of Mana, and denies his execution of the deed to which a mark, purporting to have been made by him, appears attached. Rangiaiata repudiates the assumption that it had been his intention to alienate the Island of Mana. He admits, however, the receipt of the goods named in the deed, but asserts that they were given in return for his permission to Bell to depasture the stock. He also owns that he should never have disturbed Bell in his residence, "as he" (Bell) "promised to give him another white man when he left." There can be little doubt that a bonâ fide purchase was effected in the first instance by Davidson on behalf of himself, Bell, and Mosman, however subsequent events may have produced a change in the views of Rauparaha and Rangiaiata on page 400 the subject of the occupation of their land by European settlers since the date of that transaction, 1832.

Under these circumstances the Commissioner is of opinion that the present claimant is entitled to receive a Grant from the Crown of as many acres of the above-described land as the consideration given to the Natives in 1832 will admit of under the provisions of the Land Claims Ordinance.

John Bell's interest in the land claim is vested by his will, dated 1 April, 1834, in his father, Thomas Bell, who was also his heir at law. Alexander Davidson transferred his third share in the land claimed to John Bell, by indenture of lease and release dated 23rd and 24th Nov., 1836. Archibald Mosman transferred his third share in the land claimed to Henry Moreing, the present claimant, by indentures of lease and Transfer to Henry Moreing. release dated 10 and 11 of May, 1841; and Thomas Bell transferred his two third shares in the land claimed to Henry Moreing, the present claimant, by indentures of lease and release of the last-mentioned date, and by a further Deed dated the 19th May, 1841.

The Commissioner therefore determines that a Grant for one thousand eight hundred and seventy-two acres of the above-described land should be issued to Henry Moreing, Esquire, his heirs and assigns for ever. Excepting 100 feet from high-water mark; and also excepting any Native pas, cultivations, and burying-places upon any part of the land hereby awarded.

Wm. Spain,

H.M. Commissioner for investigating and determining Titles and Claims to Land in New Zealand.

Dated at Auckland this

31 March, 1845.

No. 257a.O.L.C. A True Transcript of Certified Copy of Original Deed, with Copy of Commissioner's Report.

H. Hanson Turton.

Wellington, 17th February, 1879.