THE FAMOUS KARAMU CASE.

Gisborne Standard and Cook County Gazette, Volume II, Issue 284, 9 April 1889, Page 3

THE FAMOUS KARAMU CASE.

COMPROMISE—PARLIAMENT—COSTS. Napier, Saturday Night. The famous Karamu reserve litigation which has on several occasions occupied the Supreme Court and phenomenally large benches of lawyers, was brought to a close on Friday afternoon by an amicable arrangement between the various parties interested. It is now some twenty years since the purchasers of the famous Heretaunga block set aside the Karamu block as a native reserve. The deed of trust vested the property in Mr 8. Locke and Mr Purvis Russell as trustees. Disputes arising as to the beneficiares under the deed, Arihi Te Nahu last year brought a suit claiming that she and others, former owners of the Beretaunga block, were entitled to share in the Reserve. This claim was opposed on the ground that the Karamu

land was oapecially reserved {or the benefit of the Ngatihori tribe, but Arihi and her coclaimants were successful, and were found to be entitled to share under the terms of the deed of trust, The decision of the Court was that the land belonged to the surviving grantees who had not sold their interests prior to the date of the deed. Application was then made to the Court for partition or sale, and the land, as our readers know, was ordered to be sold by Messrs C. B. Hoadley and Co, and Messrs Baker and Tabuteau last November. At the “eleventh hour”—in fact, only a few days before the date of sale —an application was made to the Supreme Court for an injunction, on the ground that the Government intended to purchase the block for the benefit of the Ngatihori, as the Government believed it was intended for them, though the deed of trust did not make that clear. That application was unsuccesf ul, but was immediately followed by another made by Peni te Ua and Beihans, on behalf , j|Kthers of the Ngatihori tribe, who had reon the Karamu before and since the l>asue of the Crown grant, though their names were not in the grant. They claimed a share, and pleaded twenty years’ adverse possession. An injunction was granted, and the sale of the land was stopped, The Supreme Court commenced to hear Peni’s •ad Beihana’s claims on Saturday, and the CSM had pot concluded yesterday morning, when it was stated that a settlement might ba arrived at, and au adjournment for that purpose was granted. ’ In the afternoon an agreement was come to, tie action being compromised : — 1. Injunction against proceeding with sale in suit Arihi v. Locke and others to be perpetual. 2. A rafftolent proportion of the whole block to be sret5 ret sold by auction by James Henn* Coleman and r’sto Shrimpton to defray the following charges and expenses i—(a) To pay off the Colonial Bank's mortgage, principal, and interest; (b) To pay the expenses incurnd in the attempt to sell under the former decree J (c) To pay the costs of all parties, tixed bs between soHokor and client, out or the estate ci this present shit; (<J) To pay the unpaid costs of all parties, faxed as between solicitor and client (cut of the estates of the former suit which haw been ordered to be paid, or may be ordered to be paid, 3, The land so sold to be vested in the said James Henry Coleman and Walter Murtmpt-m immediately after the auction sale, to enable the execution by them of conveyance or transfer to the purchasers. I. The Ngatihori napa to tak« one moiety in value Of the whole residue of the block, and in addition a proportion of the remaining moiety for the shares therein of Henare Twoapa, NOa Huke, and Manaena s Successors, in the proportions ascertained bv tne order or decree of the 30th day of August, ISBB. in the -uit number 227, Gisborne Registry, the land taken under this chim to be surveyed off and vested in trustees in trust for the Ngatihori hapu, and to be Inalienable by sale or rnorttfige, or l>y !e=se, otherwise thou from rear to year, nor to pass under »ny will. B, The residue of the block to be token by Karritl.na'i trustees, Arihi te Bahn's trustees. Hotene te Ruri. and Parpmena One One, In the shares ascertained by the above decree. 0, The persons who shall be entitled under the designation of the Ngatihori hapu, and the prono-tions In which they are interested, to be ascertained by Mr V. W. Lewis and Mr J. N. Williams, Henare Tomoana. Noa Huke, and Manaena’s successors, to be considered on such investigation as Ngatihori only, and not as having any special Inter st by reason of their names being Included in the grant, but in no oase to have a larger interest than their proportions as grantees brought in under their scheme. 1. ’he four grantees'—namely, Arihi’s, Paramena s, Hotene to R-rla, and Karaitiana’s—sretion to be divided into plots by the same persons as named In clause 3. !. J. H. Coleman and W. Shrimpton to have power to employ surveyors and prepare plans, their expenses to be part of charge C under clause 2. 9. So far as practicable, the division is to be made 80 as to leave within the Ngatihori portions the buildings and gardens. 10. All parties to concur in promoting legislation for the purpose of giving effect to this agreement accoidlog to the true Intent thereof. IL If any doubt or difference shall arise as to the meaning of this agreement, or as to any matter omitted therefrom, or as to anything necessary to complete and carry out th s arrangement and compro ’ ise, according to the true intent and meaning thereof, such doubt and difference shall be referred to the award of Martin Chapman, of Weldngt n, barrister at law, whose determination shall be final and binding upon all parties. This agreement was signed by the following ;—G. E, Sainsbury, solicitor for Colonial Bank of New Zealand ; W. B. Edwards, counsel for the plaintiffs ; 3. W. Carlile, counsel tor defendants Her are Tomoana, Moanaroa Kokoho, and Porokoro Taikipo; H. D. Bell, for Karaitiana’s trustees ; E. if. Ward, solicitor and attorney for Arihi te Nahu, Hotene te Buri, and Paransena One One; A. 3. Cotterin, eounsel for Arihi’s trusters; Martin Chapman, counsel for Lucke and Purvis Busrell; E. H. Williams, counsel for Noa Huke. Practically this means that about 200 acres wtll have to be sold to defray oosts, and the balance will be divided into two equal portions, one going to Pene te Ua and the Ngatihori who have been in occupation but who are not named in the grant, and the other to those grantees who were found to be entitled by the last order of the Court. Upon the Court resuming, Mr Edwards, addressing his Honor, said it would be necessary te obtain legislation in order to get the terms of the agreement carried into effect, and that as the suit could not be dismissed from the Court till that legislation was obtained, his Honor would, perhaps, adjourn the Court until after the sitting of Parlia- , ment. The parties wished to go to Parlia■■rat with the approval of his Honor with Wterence to the course proposed. His Honor was quite of opinion that it was in the interests of all parties that the ease should be settled in the way proposed, He saw no objection to that opinion being recorded. jMr Wilson would like to make a remaik On the question of costs. In the former suit there had been a miscarriage of justice, as the costs were taxed to an unprecedented extent, and even th-n there was in the end a sum allowed far in advance of what should have been ths case. With the view of avoiding such a thing in the future he hoped his Honor would name a definite sum, The amount asked for and allowed on the taxation in the last suit was such an amount that It was almost a scandal to the Court that such a thing should be possible. He did not suggest that anything cf the kind would take place in the future —he did not believe it would—but he hoped his Honor would fix some sum. His Honor did not see how snch a course was possible. He looked upon taxation as the proper protection of all parties, and he would be quite in the dark in attempting to fix a sum. There were difficulties in the way of the taxation, and they had not got anywhere in New Zea'and gentlemen filling the office of Registrar who could perform the duties as they were performed in London. Mr Wilson said that the fact of the parties being natives, literally unable to look after their own interests, made the question a most important one. Mr Bell did not think the remarks made by Mr Wi’son were either called for or defensible, He felt sure that the profession did pot require that their honor should be protected by observations of a gentlemen who did not appear in the robes of the gentlemen Of the profession while speaking on the profession’s behalf, Mr Ward thought the remarks made by Mr Wilson came with bad grace from Arihi’s trustee, who appeared by his own words to admit that he had not looked after her interests. it Mr Wilson had been so thoughtful twenty years ago the esse would not have been before the Court, The taxation of Costs was a proper safeguard, and be thought solicitors in the oase fully entitled to their taxed costs. His Honor said that when the case came before him in Wellington he recognised the difficulty any person would have in taxing the costs, and he was glad he did not have to do it, It was a task requiring very great experience, Mr Chapman remarked that the trustees had not yet been paid their costs. His Honor referred briefly to the fact that the parties themselves had largely increased the costs by causing lawyers from all parts cl the country to travel about to take part in the case, and the subject then dropped, the Court being formally adjourned till after the lilting al Parliament.-H,U. Herald.