GK— 2b.

(/.) A mortgage, dated the 9th day of October. 1894, to the said defendant Sir Walter Lawry Buller of part of the said land, which was registered in the books of the District Land Registrar for the District of Wellington, under " The Land Transfer Act, 1885," as No. 17927. (g.) Other dealings with the said Subdivision No. 14 which the plaintiffs are unable to specify, and which they seek discovery of in this action. The said leases, transfers, mortgage, and dealings were made by the defendant Meiha Keepa te Eangihiwinui in breach of the trust under which he held the said Subdivision No. 14. 29. From the year 1874, and continuously therefrom, and when those transfers, leases, mortgage, and other dealings were made, the defendant Sir Walter Lawry Buller was the solicitor and confidential adviser of the defendant Meiha Keepa te Eangihiwinui, and had an actual knowledge of the matters and things hereinbefore alleged, and that the defendant Meiha Keepa te Eangihiwinui was a trustee of the said Subdivision No. 14 without power to make the transfers, leases, mortgage, and other dealings aforesaid. 30. The transfers, leases, mortgage, and other dealings aforesaid when made were known by the defendants to be in actual fraud of the trust under which the said Subdivision No. 14 was held by the defendant Meiha Keepa te Eangihiwinui. 31. The plaintiffs say that when the defendant Sir Walter Lawry Buller obtained from the defendant Meiha Keepa te Eangihiwinui the transfers and leases referred to in paragraph 28 hereof he has the solicitor and confidential adviser of the defendant Meiha Keepa te Eangihiwinui, and that he obtained the said transfers and leases at grossly inadequate values and rentals. 32. The plaintiffs further say that when the defendant Sir Walter Lawry Buller obtained from the defendant Meiha Keepa te Eangihiwinui the mortgage referred to in the said paragraph 28 hereof he was the solicitor and confidential adviser of the defendant Meiha Keepa te Eangihiwinui, and he then represented to the defendant Meiha Keepa te Eangihiwinui that the said mortgage was intended to secure a sum of £500 then advanced by the defendant Sir Walter Lawry Buller to the defendant Meiha Keepa te Eangihiwinui, and also further moneys to be thereafter advanced to and owing by the defendant Meiha Keepa te Eangihiwinui to the defendant Sir Walter Lawry Buller ; but he concealed from the said defendant Meiha Keepa te Eangihiwinui that the said mortgage was intended by the said defendant Sir Walter Lawry Buller to cover a large sum of money for costs then alleged to be owing amounting to £1,000 and upwards, and all further costs thereafter to become due and owing by the defendant Meiha Keepa te Eangihiwinui to the defendant Sir Walter Lawry Buller, all of which said costs the defendant Sir Walter Lawry Buller now claims are secured by the said mortgage. 33. The plaintiffs further allege that it appears from the said mortgage that the said defendant Sir Walter Lawry Buller obtained from one Eobert Ward, a Trust Commissioner under " The Native Lands Frauds Prevention Act, 1881," a certificate under " The Native Lands Frauds Prevention Act 1881 Amendment Act, 1888 " ; but the plaintiffs say that the defendant Sir Walter Lawry Buller obtained such certificate by not disclosing to the said Trust Commissioner that the said mortgage was intended to cover a large sum of money for costs amounting to £1,000 and upwards, and all further costs thereafter to become due and owing by the defendant Meiha Keepa te Eangihiwinui to the defendant Sir Walter Lawry Buller, and left the said Trust Commissioner under the belief that the sole consideration for the said mortgage was a sum of £500 then advanced to the defendant Meiha Keepa te Eangihiwinui by the defendant Sir Walter Lawry Buller. And they further allege that the said Trust Commissioner gave the said certificate without making any inquiry whether the land included in the said mortgage was held by the said defendant Meiha Keepa te Eangihiwinui in trust or beneficially. 34. The defendant Sir Walter Lawry Buller is now, and has been from the dates of the respective transfers and leases aforesaid, in possession of the land comprised in the said transfers and leases. The plaintiffs claim : — 1. That it should be declared that the defendant Meiha Keepa te Eangihiwinui was at the time of the issue of the certificate of title under section 17 of " The Native Land Act, 1867," a trustee of the land therein comprised for the owners whose names are registered under that section. 2. That it should be declared that the defendant Meiha Keepa te Eangihiwinui was at the time of the making of the order for the issue to him of the certificate of title under "The Land Transfer Act, 1885," on the 19th day of July, 1888, registered Vol. xlviii., folio 148, and still is a trustee of the Subdivision No. 14 for the persons whose names were registered under section 17 of " The Native Land Act, 1867." 3. That an inquiry should be made as to who such persons are, and for that purpose (if necessary) a reference be made to the Native Land Court. 4. That it should be declared that the said Subdivision No. 14 never became subject to the provisions of " The Land Transfer Act, 1885," and that the said certificate of title, Vol. xlviii., folio 148, for the said Subdivision No. 14 was wrongfully issued, and the same should be cancelled. 5. That the aforesaid transfers 20454 and 20743, and the certificate of title under the Land Transfer Act issued thereon, and the several leases and mortgage aforesaid, and all other dealings made by the defendant Meiha Keepa te Eangihiwinui with the said Subdivision No. 14, are invalid and should be declared void, and the registration thereof cancelled. 6. That the defendant Meiha Keepa te Eangihiwinui should transfer the said Subdivision No. 14 to such persons as the Court finds to be the beneficial owners thereof, and the defendant Sir Walter Lawry Buller should execute transfers to such persons of the land comprised in the said transfers Nos. 20454 and 20743, and should surrender the several leases aforesaid, and execute a discharge of the said mortgage. 7. That the defendant Meiha Keepa te Eangihiwinui should disclose what dealings with the said Subdivision No. 14 took place between him and the defendant Sir Walter Lawry Buller,

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