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subdivisions, but he does not suggest that he thought Kemp held all of them as absolute owner, and we cannot understand why he should have assumed that Kemp held m his own right Subdivision No. 14, which was held by Kemp formerly under the certificate of 1873 as part of the tribal land, or why he made no inquiry as to whether Kemp held that subdivision as absolute owner ; and if so, why, seeing that he held it as part of the tribal lands prior to 1886. Sir Walter Buller inquired of the tribe as to the positions of Subdivisions Nos. 2, 6, 9, 11, and 12, but says he made no inquiries as to Subdivision No. 14. The following is part of his examination on this point:—■ Q. What steps did you take to ascertain whether or not there was any question of trust as regards Block 14 ? A. None whatever beyond obtaining Major Kemp's statutory declaration as required by law for the time being. And later on — I was perfectly satisfied. I made no more inquiries than the Trust Commissioner made. Q. Notwithstanding the fact that you were aware a question of trust had been raised ? A. I presume I was aware, —but I was not concerned professionally. In October, 1892, Sir Walter Buller prepared a release from the tribe to Kemp in which is a distinct admission of the existence of a trust. Sir Walter Buller's evidence as to the preparation of this deed is as follows :— " Hearing that an action had been commenced by Warena against Kemp for the filing of accounts, and knowing as I did that Major Kemp had been for many years receiving rents and other moneys in respect of the Horowhenua Block; knowing as I did that my client, Major Kemp, had never taken a receipt and had not kept account-books of any sort or kind, I conferred with Mr. Henry Bell,- who had been acting for Major Kemp, and had ceased to act for him, and thereon advised Major Kemp to obtain from the people, if they would give it, a proper discharge, pointing out to him that he might be inconvenienced by the fact that he had never kept accounts, and had never taken the precaution of asking for receipts. Major Kemp said he would leave himself entirely in my hands. I then prepared, with the utmost care, a deed of release, discharge, and confirmation." This deed, prepared by Sir Walter Buller himself, after reciting that, on the 10th day of April, 1873, a certificate of title, under the 17th section of " The Native Lands Act, 1867," was issued by the Native Land Court for the Horowhenua Block, containing 5,200 acres of land, in the name of Kemp, contains this recital:—" And whereas the saidKeepa te Eangihiwinui, as such certificated owner, was in law, and in fact, trustee for the registered owners, and liable to account to them for all rents and profits received by him for or on account of the said Horowhenua Block, or any part thereof." From the time Sir Walter Buller returned to New Zealand in 1890, up to July, 1892, he appears to have acted as Kemp's confidential friend and adviser; and, in July, 1892, he was retained to act professionally as solicitor for Kemp and a large number of the tribe. Whilst these were the relationships between the parties, the leases and transfers previously referred to were executed. The following are the dates of the various transactions : — 1892, 20th May.—Transfer. 1892, 20th May.—Lease. 1892, 18th July.—Eetainer for Kemp and tribe. 1892, sth September.—Lease. 1892, 19th October.—Eelease containing recital of trust. 1892, 31st October.—Transfer. 1892, 31st October.—Lease. 1894, 9th October.—Mortgage. When the last deed was given, Mr. Edwards was nominally acting as solicitor for Kemp, but Sir Walter Buller's position is thus described by himself: —" I thought it best, in the interest of the tribe, that I should make common cause with Mr. Edwards, and begged him to proceed with the action in the Supreme Court, promising to attend and assist him as solicitor, and to instruct him throughout the case." The only conclusion we can come to is that Sir Walter Buller knew, prior to his leaving in 1886 for England, that the whole block was held by Kemp under one title in trust for the tribe, and that on his return to New Zealand he, without making inquiry to ascertain that the trust was extinguished, purchased part, and leased other parts of the trust property.