G.—2b.

Sess. 11.—1897. NEW ZEALAND.

THE HOROWHENUA BLOCK. MEMORANDUM RE PROCEEDINGS IN THE SUPREME COURT UNDER THE PROVISIONS OF SECTION 10 OF "THE HOROWHENUA BLOCK ACT, 1896."

Laid upon the Table by the Hon. John McKenzie, with the Leave of the House.

The following notes are intended to supply an obvious hiatus between papers G.-2 and G.-2a heretofore published:— 1. The taking of the evidence and the addresses of agents in the Native Appellate Court, under "The Horowhenua Block Act, 1896," in respect of Division No. 14, were not completed until the Bth April, 1897, and the proceedings in that Court are still incomplete, inasmuch as it has reserved its decision. 2. The Public Trustee was directed by section 10 of that Act to institute proceedings in the Supreme Court within six months from the passing of the same—that is, on or before the 17th April, 1897. 3. He therefore, in order to technically comply with that section, issued his writ on the 14th April, 1897, intending to delay service of the same until the judgment of the Native Appellate Court as to whether Kemp held the land in trust or as sole beneficial owner had been delivered. 4. On the 3rd day of May, 1897, Sir Walter Buller, one of the defendants, took out a summons calling on the plaintiffs to show cause, inter alia, why the defendants should not have leave to severally file their statement of defence forthwith. On the hearing of this summons, it was urged that the proceedings in the Supreme Court were premature until the judgment of the Native Appellate Court had been given; and, further, that if the latter Court decided that Major Kemp was beneficially entitled to the land, then such proceedings would thereby be entirely obviated. His Honour the Chief Justice disallowed these objections, and directed that the defendants should be served with the writ and statement of claim within fourteen days, or should be entitled to file their statements of defence as if they had been so served. Service was accordingly made on the 20th May, 1897. Every effort to have the proceedings in the Supreme Court postponed until after the judgment of the Native Appellate Court, which would decide Kemp's position in the matter, having failed, and a subsequent notice of discontinuance of action under the circumstances having been disallowed, the hearing by the Supreme Court took place on the 11th August, 1897. Copies of the statement of claim, and amended statement of claim and of the defences, and a shorthand writer's report of the proceedings in the Supreme Court, are appended hereto.

A. In the Supreme Court of New Zealand, Wellington District. No. 6147. Between the Public Trustee incorporated by "The Public Trust Office Consolidation Act, 1894," and Wibihana Paeeoa, otherwise called Wibihana Hunia, of Parawanui, in Eangitikei, an aboriginal native of the Colony of New Zealand, Plaintiffs, and Sir Walter Lawry Bullbr, K.C.M.G., of the City of Wellington, gentleman, an/1 Meiha Keepa te Bangihiwinui, of Putiki, near Wanganui, an aboriginal native of the Colony of New Zealand, Defendants. Statement of Claim. The plaintiffs, by their solicitor, Edward Stafford, say :— 1. The plaintiff the Public Trustee institutes this action in compliance with the direction of " The Horowhenua Block Act, 1896," and with the concurrence of the plaintiff Wirihana Hunia, one of the registered owners named in the Sixth Schedule to the said Act, and the plaintiff Wirihana Hunia institutes this action in his own right as one of such registered owners. 2. On the 10th day of April, 1873, an order was duly made by the Native Land Court, under " The Native Land Act, 1865," and " The Native Land Act, 1867," for the issue in favour of the defendant Meiha Keepa te Eangihiwinui of a certificate of title under the seventeenth section of " The Native Land Act, 1867," for a parcel of land at Horowhenua, in the Provincial District of Wellington, containing 52,000 acres or thereabouts. I—G. 2b.