109

1,-17

This Court doth order that all further proceedings in this action be stayed except such as relate to the plaintiff's claim to an account and redemption as mentioned in paragraph 5 of the indorsement of the said writ. And the plaintiff and the defendants by their counsel consenting thereto, this Court doth treat the summons for directions as now before the Court, and doth order that the plaintiff do,, on or before the 15th November, 1907, deliver his statement of claim; and that the defendants do within seven days after such delivery deliver their defence; and the defendants are to be at liberty to apply as they may be advised after the delivery of the statement of claim. The costs of the said motion are to be the defendant's costs in any event. This is a true copy of the order as signed and entered.— J. W. H. Jenkins, Edmund F. Buckley.—Lincoln's Inn, 15th January, 1909. [This decision of the Court was cabled by Press Association to New Zealand, and appears in the Post, 2nd November, and Dominion, 4th November, 1907.] [Copy of the within order of Ist November, 1907, is to be found in the Dominion, 17th December, 1910; and in the Native Affairs Committee's report on Mokau-Mohakatino Block, 1911, p. 152.] EXHIBIT LL. Wellington, N.Z., 22nd June, 1910. Dear Sib, — Re Mokau. Referring to the interview which 1 had with you on the 2nd instant, and referring to your suggestion that I should put in writing my views with reference to the settlement of this matter, I have to say that some time before seeing you 1 had an interview with the Solicitor-General, and he stated that he was of opinion—an opinion in wjiich 1 must say I concur —that the present law did not authorize the appointment of a Commission to investigate the present position of this matter. I may say, however, that Mr. Jones entirely dissents from this view, and that I am only expressing my own opinion on the point. It seems to me, however, that the better way to deal with the matter would be to adopt the course that I previously suggested to the Hon. Mr. Carroll and, 1 think, to yourself in connection with the matter. That course would be as follows :— (1.) The Government to purchase the interests of the Natives. 1 understand that this can be done for about £15,000. That was the original amount suggested, and if a little more was required I do not see that that need stand in the way of a settlement. (2.) That the Government should then take, under the provisions of the Native Land Act, the interests of the lessees, compulsorily. This could be done under section 375, and the position then would be that the lessees and the mortgagees of the leases would then be in a position to claim whatever the values of the leases were in the Compensation Court. (3.) That the Crown should make a grant to Mr. Jones of the minerals on and under the block, and give him an area of the surface, that area to be determined by the Crown. It seems to me that in this way the whole of the difficulties in connection with the mattei might be got rid of, and I do not doubt, if the Crown were to put the matter to Mr. Jones in something of the way that I suggest, that a reasonable-enough arrangement could be made with him. There is no doubt, apart from all questions of sympathy whatever, that Mr. Jones is entitled to consideration at the hands of the Crown, and I understand from you and also from Mr. Carroll that you would be willing to do anything in reason to bring the matter to a head. You will remember that I showed you, without disclosing the figures, communications from England which, if this arrangement had been carried out some two months ago, would have put Mr. Jones in an independent position and practically assured a settlement of this troublesome mattei'. May I ask you to bring the matter again before Cabinet as you suggested, and see whether something cannot be done to bring the business to a close. I have, &c, C. H. Tread WELii The Right Hon. Sir J. G. Ward, K.C.M.G., Wellington. EXHIBIT 00. Zealandia Private Hotel, Clyde Quay, Wellington, 26th October, 1909. Sir, — Mokau Lands. Referring to interview you granted me yesterday with Mr. Jennings and Mr. Okey, M.P.s, when you stated that you would direct full inquiry to be made into the above matter that was submitted to your notice, I take leave to suggest for your consideration the suitability of the case being completely investigated by the Public Petitions Committee of the Legislative Council that commenced the inquiry in 1908, and only relinquished the same in consequence of the Parliament being on the verge of dissolution. 1 submit that this course should be acceptable to the Government and all parties concerned, that Committee being independent of all interests and the large costs invariably attending such inquiries would be saved. 1 have, &c., The Right Hon. Sir Joseph Ward, K.C.M.G., P.C. . Joshua Jones.