END OF THE KAKAMU CASE.

Hawke's Bay Herald, Volume XXIV, Issue 8330, 5 April 1889, Page 3

END OF THE KAKAMU CASE.

THE TERMS OF SETTLEMENT.

The famous Karamu reserve litigation which has on several occasions occupied the Supreme Court nnd phenomenally large benches of lawyers, was brought to a close yesterday afternoon by an amicable arrangement between the various parties interested. It is now some twenty years since the purchaser's of the famous Beretaunga block set aside the Karamn block as a native reserve. The deed of trust vested the property in Mr S. Locke and Mr Purvis Eusaell as trustees. Dispntes arising as to the beneliciares under the deed, Arihi To Nahu last year brought a suit claiming thai slie and others, former owners of the Heretaunga block, were entitled to share in the reserve. This claim was opposed on the ground that the Karainu laml was especially reserved for the benefit of the Ngatihorj tribe, but Arihi and her co-claimants were successful, and were found to be entitled to share under tho terms of the deed of trust. The decision of tho Court was that the land belonged to tho surviving grantees who had not sold their interests prior to the date of the deed. Application was then made to the Court for partition pr sale, and the land, as our readers know, was ordered to .be sold by Messrs C. B. Hoadley and Co, and Messrs Baker and Tabuteau last November. At the "eleventh hour "—in fact, only a few days before the date of sale— an application was made to the Supreme Court for an injunction, on the ground that the Government intended to purchase the block for the benefit of the Ngatihori, as the Government believed it wag intended for them, though the deed of trust did not make that clear. . That application was nnsuccessful, but was immediately followed by another made by Peni te Ua and Keihana, on belmlf of others of the Ngatihori tribe, who had resided on the Karamu before and since the issue of the Crown grant, thom»h their names wore not in the grant. They claimed a shan-, and pleaded twenty years' adverse 'pospession. An injunction wrts granted, nn.l the sale of the, land wus stopped. The Supreme Court commence) to .hear Peni's M9, RuWm'M cJajOJ* QH Sa.turd.ay, and

i the ease had not concluded yesterday ' morning, when it was stated that a 1 settlement might li o arrived at, and an adjournment for that purpose was gran ted. In the afternoon an agreement was come to, the action being compromised on the following basis : — 1. Injunction against proceeding with sale in suit Aribi v. Locke and others to bo perpetual. 2. A sufficient proportion of the wholo block to be first sold ny auction by James Henry Coloman and Walter Shrimpton to defray the following charges and expenses:— 'a) To pay off the Colonial Bank's mortgage, priuoipal, and interest; (b) To pay the expenses incurred in the attempt, t,o sell under tho former decree ; (c) To pay tho costs of all parties, taxed as botweon solicitor and client, out of the estate of this present suit ; (di To pay tho unpaid costs of all parties, taxed aa between solicitor >md client (out of tho estato), of the former suit which have boon ordored to bo paid, or may be ordered to be paid. 3. The lnnd so sold to bu vested in thn said James Henry Coleman and Waller Shrimptou immediately alter Iho auction sale, to eimhle tiie execution by them of conveyance or transfer to the purchasers. i. The Ngatihorl hapu to take one moiety in value ot tho whole residue of Iho b.'ouk, aud in addition a proportion of the remaining inuicly for the shares therein of Hcimie Tomoana, Noa Huke, and Manaena's successors, in the proportions ascertained by the order or decree of tho 30th day of August, ISBB, iu the suit number 227, GisbDrne UeKi'strj, the lnnd takon under this claim to bo surveyed off and vested in trustoes in trust for Iho Ngatiliori hapu, ana to be inalienable by aale or mortgage, or by lease, otherwise Hi in from year to yeir, nor to pass under any will. 6. The residue of the block to ba taken by Karaitiana's trustees, Arihi te Nahu's trustees, llotene te Ruri, and Paramena One One, in the shares ascertained by the above decree. D. The persons who shall be entitled under tho designation of ihe Ngatihori hapu, and the proportions In which they are interested, to be ascertained by Mr F. W. Lewis and Mr J. N. Williams, Henare Tomoana, Noa Huke and Manaena'a successors, to be considered on such investigation as Ngatihori only, and not [ as having any special interest by renson of their names being; included in the grant, but in no case to have a larger interest I him their proportions as grantees Drought in Under their soheme. 7. 'J he four grantees' (namely irihi's, Paramena's, Hoteue te Ruri's, and Karitianas) section to be divided into plots by tno same persons as named in clause 3. 8. J. H. Coleman and W. Shrimpton to have power to employ surveyors and prepare phns, their expenses to be part of charge (c) under clause 2. 9 So far as practicable the division is to be made so as to leave within the Ngatihori portions the buildings and gardens. 10. All parties to concur in promoting legislation for the purpose of giving effect to this agreement according to the true intent thereof. 11. it any doubt or difference shall arise as to 'ho meaning of thin agreement, or as to any matter omitted therefrom, or as to anything necessary to complete and carry out this arrangement and compromise according to the true intent and meining thereof, such doubt and difference shall be referred to the award of Martin Uha- man, Esquire, of Wellington, barrister-at-law, whose determination shall be final and binding upon all parlies. This agreement was signed by the following :— (x. E. Sainsbury, solicitor for Colonial Bank of New Zealand ; W. B. Edwards, counsel for the plaintiffs; J. W. (Jarlile, counsel for defendants Henate Tomoana, Moanaroa Knkoliu, and Porokoro Tiakipo; 11. D. Cell, for Karaitiana's trustees; E. if. Ward, solicitor and attorney for Alibi te Nairn, Hotene te Kuri, and Paramena One One ; A. J. Cotterill, counsel for Arihi's trustees ; Martin Chapman, counsel for Locke and Purvis Enssell ; E. H. Williams, counsel for Noa Huke. Practically this means that about 200 acres will have to be sold to defray costs, and the balance will be divided into two equal portions, one going to Peni te Ua and the Ngatihori who have been in occupation but who are not named in the grant, and the other to those grantees who were found to be entitled by the last order of the Court. Upon the Court resuming, Mr Ed wards, addressing his Honor, said it would be necessary to obtain legislation in order to get the terms of the agreement carried into effect, and that as the suit could not be dismissed from the Court till that legislation was obtained, his Honor would, perhaps, adjourn the Court until after the sitting "of Parliament. The parties wished to go to Parliament with the approval of his Honor with reference to the course proposed. His Honor was quite of opinion that it was in the interest* of all piulies that the case should be settled in the way pro-

p9sed. lie saw no objection to that opinion being recorded. Mr Wilson would like to make a remark on the question of co3ts. In the former suit there had been a miscarriage

of justice, as the costs were taxed to an unprecedented extent, and even then there was in the end a snm allowed far in advance of what should have been

the case. With the view of avoiding such a thing in the future he hoped his Honor would name a definite sum. The amount asked for arid allowed on the

taxation in the last suit was such an

amount that it was almost a scandal to

the Court that such a thing should be possible. He did not suggest that anything of the kind would take place in the future— he did not believe it would— but he hoped his Honor would fix some sum. His Honor did not see how such a course was possible. He looked upon taxation as the proper protection of all parties, and he would bfi quite in the dark in attempting to fix a ■sum. There were difficulties in the way of the taxation, and they had not got, anywhere in New Zealand gentlemen filling the office of Registrar who could perform the duties as they were performed in London. Mr Wilson said that the fact of the parties being natives, literally unable to

look after their own interests, made the

question a most important one. Mr Bell did nob think the remarks made by Mr Wilson were either called for or defensible. He felt sure that the profession did not require that their honor should be protected by observations from a gentleman who did not appear in the robes of the gentlemen of the profession while speaking on the profession's behalf. Mr VVard thought the remarks made bv Mr Wilson came with bad grace from Arihi's trustee, who appeared by 1113 own

words to admit that he had not looked after her interests. If Mr Wilson had

been so thoughtful twenty years ago the case would not have been before the Court. The taxation of costs was a proper fafeguard, and he thought solicitors in the case fully entitled to their taxed costs. His Honor said that when the case came before him in Wellington lie rebog-

nise') the difficulty any person would have in taxing the costs, and he was glad he did not have to do it. It was a task requiring very great experience. Mr Chapman remarked that the trustees had not yet been paid their costs. His Honor referred briefly to the fact that the parties themselves had largely increased the costs by causing lawyers from all parts of the country to travel about to take part in the case, and the subject then dropped, the Conrt being formally adjourned till after the sitting of Parliament.