37

I.—IB

13. The costs of and incidental to this case, and the argument thereof, shall be in the discretion of this honourable Court, but should not exceed more than fifteen guineas (exclusive of Court fees) as costs for the successful party, and for this purpose the defendants, if successful, shall only be entitled jointly to the costs as so limited, and the plaintiff, if successful, shall only be entitled to one set of costs (so limited) against the defendants jointly. - ■ ■■ . -

EXHIBIT B. In the Native Appellate Court, New Zealand, Wellington District.—ln the matter of the application of Meiha Keepa te Bangihiwinui for an order under "The Horowhenua. Block Act, 1896," declaring him to be the beneficial owner of Subdivision 14 of the Horowhenua Block. At a sitting of the Native Land Court, held at Palmerston North on the first day of December, 1886, and subsequent days, an order was made on the third day of December, 1886, in favour of Meiha Keepa te Bangihiwinui for Subdivision 14 of the Horowhenua Block : And whereas it was alleged that the said Meiha Keepa te Bangihiwinui was not the sole beneficial owner of the.said subdivision : And whereas an Act was passed, intituled " The Horowhenua Block Act, 1896," which revives and re-enacts "The Native Equitable Owners Act, 1886," and all the amendments thereof, excepting section 18 of "The Native Land Court Act Amendment Act, 1889," for the purposes of the said Act : And whereas, under section 2 of " The Native Equitable Owners Act, 1886," the Court is authorised, on the application of any Natives claiming to be beneficially interested in any land within the scope of the said Act, to inquire into the nature of the title to such land and into the existence of any intended trust affecting the title thereto, and according to the result of such inquiry the Court may declare that no such trust exists; or, if it finds that any such trust does or was intended to exist, then it may declare who are the persons beneficially entitled: And whereas an inquiry has been held by the Native Appellate Court under "The Horowhenua Block Act, 1896," and as the result of such inquiry the Court has decided that no trust was intended to exist in respect of the said Subdivision 14 of the Horowhenua Block. It is hereby declared that the order of the Native Land Court, dated the 3rd December, 1886, made in the name of Meiha Keepa te Bangihiwinui, was made to him as sole beneficial owner,,. As witness the hands of Alexander Mackay, Esquire, and William James Butler, Esquire, Judges, and the seal of the Court, this fourteenth day of April, 1898. (1.5.) A. Mackay, Presiding Judge. W. J. Butlee, Judge. After the order was issued, the Native Appellate Court, on the 24th day of April, 1898 amended the same so as to record its intended decision by embodying therein the following additional provision : " Provided, and it is hereby expressly declared, that the foregoing declaration is in the nature of an interlocutory decision, and it is not intended as a vesting order under section 5 of ' The Horowhenua Block Act, 1896.' " . ; ;

EXHIBIT C. Memoeandum re Hoeowhenua. I heeeby request Sir Walter Buller to pay all my costs in the case of the Public Trustee versus Sir W. Buller and Meiha Keepa—both counsels' fees and costs as between solicitor and client—and I hereby undertake to repay him the same, together with interest at the rate of 8 per cent, per annum as from the date of such payment. He tono tenei naku ki a Ta Waata Pura kia utua c ia taku kaute ki nga roia whakahaere i te keihi i roto i te Kooti Hupirimi, i runga i te tamana a te Kai-tiaki mo te Katoa, tae noa ki nga roia whakahaere i waho, a, maku ana moni c ata whakahoki atu ki aia, me nga inatareti hoki, i runga i te ritenga o te waru pauna mo te rau. Dated at Wellington, this 10th day of August, 1897. Meiha Keepa Bangihiwinui. Poneke, Akuhata 10, 1897. Witness to signature—L. Davis, Native Agent, Wanganui. . , '.:. ..:...

EXHIBIT D. Statement by Sir Waltee Bullee (as required by the Public Petitions Committee) giving'a Summary of his Claims against Major Kemp's Estate from the 15th May, 1896, to the 9th February, 1898. . £ s." "a. 1. Payments to Major Kemp as per receipts ... ... ... 500 0 0 2. Payments made and agreed to be made to solicitors and others on behalf of Major Kemp, and by his authority ... ... ... 1,208 0 *0 3. Sir W. Buller's fees and costs (subject to taxation by the Begistrar of the Supreme Court) for services chiefly but not exclusively con--1897. nected with Horowhenua— Feb. to Aug. (1.) Fees as counsel in the Native Appellate Court (fee on general brief, £105, with £10 10s. per diem), engaged in five cases, re-, lating to various subdivisions of the Horowhenua Block, extending over a period of five months ... ... ... ... 1,596 0 0 (2.) Solicitor's costs and disbursements for a period of nearly two years, during which the litigation was unceasing ... ..... " :.. 912 15 0 Total ...• ... ■■-'.;, "••'•'"',.: : :;: '"'■.•;;-' £4,216 15 0