Supreme Court.

Hawke's Bay Times, Volume 14, Issue 739, 29 November 1869, Page 2

Supreme Court.

[IiEFOItE HIS HONOR MR JUSTICK JOHNSTON.] WEDNESDAY, 21th NOVEMBER, 1869. TE WAKA V. PARKEII. | Tins was a suit instituted by a Maori named Te Waka for the purpose of .setting a<ide a certain deed, dated 128th December, 18G8, whereby the jpiaiutiff conveyed to the defendant jail his interest in certain lands therelin specified, in consideration where iof the defendant, Henry Parker, jcovenanted to pay the plaintiff a yearly rent charge of £3OO. The declaration charged that 111 jo plaintiff was in effect the trustee of the land comprised on hehalf of himself and other persons, and that the conveyance wa*. a breach of trust. It also charged that the consideration was grossly inadeqatej that advantage had been taken of the plaintiff, and prayed that the deed might be declared fraudulent and void. At the last sitting of the court an order had been made appointing a receiver of the rents pending the hearing of the cause. Mr Lee, for the defendant, now moved that the order for a receiver should be rescinded upon the ground that the plaintiff had settled the action.

He read an affidavit sworn by the plaintiff which stated that he (the; plaintiff) had entered into new arrangements with the defendant in] respect to the said lands, and in con-j sideration of .£220 had confirmed the conveyance of the said lands, excepting the Wharerangi, and had rej leased the present action.

The affidavit also stated that th( plaintiff had conctirred in the sale by Thomas Tanner of the Herefcaiv nga Block for the sum of £IOOO, and that the said arrangements had been carried out, and that he was satisfied therewith; that the plaintiff had directed his solicitor, Ml Wilson, to discontinue the presen| action, and that he refused to do so! that the plaintiff was desirous thai the proceedings in this action shoul< cease, and that the said older shonl< be rescinded.

His Honor enquired by whom tbf affidavit had been prepared, and waj answered that it had been prepare! by Mr Lee without any commurtici tion with Mr Wilson. ;|

An affidavit by Mi* Hamlin wan also road, which related an interview between the plaintiff and Mr Wilson, in which the Said' plaintiff re quested Air Wilson to discontinue the action, and that Mr Wilsou, in answer, stated that the ease having been put into his hands by other persons, as well as the plaintiff, it was notin the plaintiff's power to take the matter out of Mr Wilsons hands, and produced a document by Karaitiana and others. Mr Wilson recommended the plaintiff to appear befbre/the Judge, and that Mr If aml|n, h'% direction oi tli3 plaintiff, delivered a letter to Mr Wilson, directing him to discontinue the ac tion.

•Mr Wilson appeared, and in submitting to the order of the Court, read an affidavit in the following

terms:

In the Supremo Court of Now Zealand. — Wellington District. Between To Waka Kawatini, plaintiff, and William Parker and Henry Parker, defendants.

I, John Nathuniol Wilson, of Napier, in tho Province of llawko's Bay, solicitor for the above named plaintiff, make oath and say—1. I Instituted the suit now ponding, as well as the instructions of the above-named plaintiff, as of the written instructions of other parties, eight in number, for whom in effect the said plaintiff stands in tho position of trustee, and also with the assent and approbation of Karaitiana, the chief of the tribe, a.id to whom, as I believe, the plaintiff belong. 2. The plaintiff is a native of this colony, and in addition to being naturally a person of the densest ignorance, ho is also addicted to habits of intemperance, which as tar us L am able to judge render him unablo to comprchond any ordinary amount of busin ss. 3. iSinoo the dato of the order made for a receiver in this cause, tho plaintiff has repeatedly made applications to me for loan of money, and bus udmittea at the time of making such upplie»tiOn ti was his intention to spend such advances, if obtained, in the purchase of spirituous li-

cjuors. 4. 1 have refused to make such advances, but some months siiue did pay a sum of five pounds to a carp, liter who had !C paired the house in winch 1 believe tin plaint ilf n-sid' s. 5. 1 have no acquaintance with the Maori language, and therefore have noi b"on able to O'.Miiniunic.ite wit'i tho said plain!ill'excepting through an interpreter G. i his eaii-tc is noi yet at jssu •, the do fondants having made an apphcai.m to plead and demur simultaneously, widen application I believe has boon dismissed, bur tho d« fendanta at one lioie proposed to renew the same.

7. Thomas Tanner hereafter mentioned at tin- lime of the institution of this sui= professed a great interest on belialf of the plaintiff anil the other natives, unci expressed hinidolf very strongly respecting the transaction sought to be tut aside Ly thin suit.

8. Some time in the month of September last or hereabuu's the said i nomas Tanner culled upon me, and informing me that this suit hud been settled by his in terferenee, handed mo a note written in English to the best of my remembrance, and signed by the plaintiff. 9. Tho note lastly mentioned was to the effect that the plaintiff wished this suit not to bo proceeded with. 10. The said Thomas Tanner informed me of the settlement winch ho represented to have been agreed upon, and which had been agreed upon as I understand by the joint action of the Said Thomas Tanner, Mr Cuff as his solicitor, tho defendant Henry barker, Mr Lee as his solicitor, and one Frederick Sutton. 11. The said Frederick Sutton is a storekeeper and dealer in liquors, largely in trade with the natives, and also largely en gaged, as I am informed and believe, in tho sale of spirituous liquors to the natives. 12. Tho said Thomas Tanner pro coeded to inform me of the terms of the said settlement, which were, as I understood, to the effect that the plaintiff's interest in tho Heretaunga Block was to sold to the said Thomas Tanner at the price of, I believe, one thousand pounds, and at the sumo time he showed me a paper showing tho application of the money. 13. A sum of several hundred pounds was to bo paid to the said Frederick Sutton, and a sum of one hundred and fifty pounds to the said Mr Lee. 14. 1 informed the said Thomas Tanner that I considered the settlement proposed as a very unadvisable one for the plaint ill for many reasons, and in particular informed him that it was not proper that this suit should have been settled in the way attempted, —tho plaintiff being utterly unfit to transact matters of business without professional assistance, and that I considered the sale of the Heretaunga Block as an unprovided transaction. 15. 1 had not, until informed as aforesaid by the said Thomas Tanner, any notice whatever of the intentions of tho said plaintiff to compensate the said suit. J. N. Wilson. Sworn at Napier, in the Province of Hawko's Bay, this 24th day of Nov., 18G9, before mo,— G. E. Lee, A Solicitor of the Supreme Court of New Zealand.

His Honor made an order discharging the receiver on security being given for payment of Mr Wilson's costs.