Page image

G.—2b.

and the circumstances under which those dealings took place; and that the defendant Sir Walter Lawry Buller should disclose what dealings with the said Subdivision No. 14 took place between himself and the defendant Meiha Keepa te Eangihiwinui, and what were the circumstances under which those dealings took place. 8. That the defendants should be restrained from dealing with the said Subdivision No. 14, and with the leases, mortgage, and other dealings hereinbefore referred to, without the order of this honourable Court. 9. That the defendants should lodge in this honourable Court all instruments of title in or under their possession or control relating to their title to or interest in the said Subdivision No. 14. 10. That the defendants deliver to the plaintiffs possession of the said Subdivision No. 14, and pay to the plaintiffs such damages for the use and occupation thereof as the Court or a jury may award. 11. That the defendant Meiha Keepa te Eangihiwinui should be decreed to account for all moneys received in respect of the said Subdivision No. 14. 12. That the defendant Meiha Keepa te Eangihiwinui should be decreed to obtain a transfer to the persons beneficially entitled thereto of the land comprised in the said Land Transfer certificate, Vol. xlviii., folio 148, of the 19th day of July, 1888, and in the said transfers Nos. 20454 and 20743, and surrenders of the aforesaid leases and discharge of the aforesaid mortgage; or, in the alternative, that he should pay to the plaintiffs such sum of money as may compensate for the damage occasioned by such breach of trust committed by the said defendant in making the same transfers, leases, and mortgage. 13. That such other relief, both generally and specially, should be given as the circumstances of the case require. 14. That such other orders will be made as will give effect to this claim. 15. That the defendants pay the costs of these proceedings.

B. In the Supreme Court of New Zealand, Wellington District. No. 6147. Between the Public Teustee, incorporated by " The Public Trust Office Consolidation Act, 1894," Plaintiff, and Sir Waltee Lawby Bullee, K.C.M.G., and Meiha Keepa te Eangihiwinui, Defendants. Amended Statement op Claim piled in Substitution op the Oeiginal Statement of Claim. The plaintiff, by his solicitor, Edward Stafford, says : —■ 1. The plaintiff institutes this action in compliance with the direction of "The Horowhenua Block Act, 1896." 2. The said Act recites that by "The Horowhenua Block Act, 1896," it is, inter alia, enacted that the Governor in Council shall appoint a Eoyal Commission to inquire into the circumstances connected with the sales or dispositions by the Natives of any or the whole of the blocks contained in the Horowhenua Block (hereinafter called " the said block") comprising originally about 50,000 acres, and as to the purchase-money paid for the same, and as to what trusts (if any) the same were respectively subject to; and also that the costs and expenses of such Commission shall be charged upon such of the lands as the Commission shall determine ; and that, in pursuance of the enactment aforesaid, a Eoyal Commission, as published in the New Zealand Gazette of the 13th day of February, 1896, consisting of James Crosby Martin, of Wellington, Esq., Eobert Smelt Bush, of Auckland, Esq., and James Craig McKerrow, of Morrison's Eun, Greytown, Esq., was appointed to make the inquiry aforesaid; and that the report of the Eoyal Commission and the minutes of the evidence taken thereby are published in parliamentary paper G.-2, of the year 1896; and that it is expedient to, as far as practicable, give effect to the recommendations in the said report set out. 3. That, under the provisions of the said " Horowhenua Block Act, 1896," a special Court, to wit, a Court called the Native Appellate Court, was set up, and was directed to determine which of the persons named in the Second and Sixth Schedules to the said " Horowhenua Block Act, 1896," were beneficially entitled to, inter alia, Division Fourteen of the said Horowhenua Block, exclusive jurisdiction being given to such Court to determine such matters aforesaid, and to make such order or orders as the said Court might think fit for the purpose of vesting in such persons or any of them an estate of freehold in fee-simple as tenants in common in such relative shares or interests as should be specified in such order or orders as from the date of the making of such order or orders, anything in any Act then in force to the contrary notwithstanding; and that such persons, and the successors of such of them as might be deceased, should, on the production of such order or orders to the District Land Eegistrar for the Wellington Land Eegistration District, be entitled to be registered as proprietors, and to have issued to them a Land Transfer certificate in respect of the land comprised therein; and that any existing Land Transfer certificate, and all registrations of dealings thereon in respect of any such land, should thereupon (subject to re-registration of dealings found not to be invalid as in the said " Horowhenua Block Act, 1896," provided) be deemed to be null and void as from the date of the passing of the said " Horowhenua Block Act, 1896." 4. The said " Horowhenua Block Act, 1896," also further provides that all dealings with, inter alia, the said Division Fourteen, pending proceedings under the provisions of the said " Horowhenua Block Act, 1896," or "The Native Equitable Owners Act, 1886," and all amendments thereof, are thereby prohibited. 5. Application having been duly made in respect of Division No. 14 to the said Native Appellate Court by some of the persons referred to in the Sixth Schedule to the said " Horowhenua Block Act, 1896," and also by the defendant Meiha Keepa te Eangihiwinui, to exercise its

6

Log in or create a Papers Past website account

Use your Papers Past website account to correct newspaper text.

By creating and using this account you agree to our terms of use.

Log in with RealMe®

If you’ve used a RealMe login somewhere else, you can use it here too. If you don’t already have a username and password, just click Log in and you can choose to create one.


Log in again to continue your work

Your session has expired.

Log in again with RealMe®


Alert