APPEAL COURT

Dominion, Volume 11, Issue 174, 12 April 1918, Page 5

APPEAL COURT

DISPUTED LAND TITLE

AN OLD MAORI GRANT

The Court of Appeal commenced its sitting yesterday under the presidency of the Chief Justice, Sir Robert Stout, and associated with ,him were Their Honours Mr. "Justice Edwards, Mr. Justice Chapman, and Mr. Justice Sim. Tho Court was occupied with a case which hinged on the right to possession of a block of land in the Parish of Pepepe, County of Jiaglan. Ine parties were Angus M'Kinnon and Samuel Hesketh (appellants),-as executors in tho will of Donald Ivl'lCmnon, of Ohinewai, deceased, and Jessie Craig (respondent), ias executrix #n tho will of Alexander Campbell, ot Auckland, deceased. The original action, which was heard in the Supreme Court before Mr. Justice Cooper, was ono to recover possession of tiic block referred to, containing 75 acres. The land was under the Deeds Hegistration Act, and was granted in November, 1870, to an aboriginal native woman referred to in tho Crown grant as "Kiii, of To Akau." The title of the plaintiff to tihe land was based upon a conveyance, dated November 21, 1910, from a number of Natives, successors to Kii'i, of Te Akau. By succession order these wc|re appointed as successors to Kiri, "flnd entitled to succeed to her interests. On behalf of the defendants it was claimed tbat Donald M'Kinnon and Angus M'Kinnon purchased the land from a Mr. John Holmes, who signed n conveyance to thorn on January 29, 1908. Possession was taken by the M'Kinnons under this conveyance, and they continued in possession up to tho time of the action. Holmes's title was based upon a conveyance purporting to be by "Kiri, of Te Akau." dated March" I, 1903.. and confirmed by the Native Lands * Court. The matter in dispute was tho identity of the person named in the Crown grant, and judgment was given b.y. Mr. Justice Cooper for the plaintiff. TVs decision was appealed against by the defendants. .

Mr. 11. D. Bamfnrd, of Auckland, appeared for tlie appellants, and Mr. 0. P. Skerrett. K.C., and with him Mr. M. J. Crombic, for the respondent.

After hearing lengthv letcal argument tlio Court adjourned- till this morning.

MAGISTRATE'S COURT

POLICE AND CIVIL CASES,

Mr. S. E. M'Carthr, S.M., presided at the Magistrate's Court yesterday, and dealt, with the police cascn. William Hamilton, who claimed to be a seaman oh a eoaiital vessel, was convicted of being an idle and disorderly person, in that lio was found begging alms from soldiers, and was sent to prison for. three months. A plea of guilty was entered by Septimus Williams, who was charged with stealing a silver chain, a sovereigncase, and £4 10s. in money nt Drummond, Southland, on March ISO, the goods being the property of Roland Walter Nelson. He was remanded until to-day for sentence. For insobriety three first offenders were each lined 10s., in default twentyfour hours' imprisonment, and another was fined 205., with the alternative of forty-eight hours' imprisonment* CIVIL CASES • Mr. W. G.' Biddell, S.M., dealt with the civil cases, and gave judgment for plaintiff in the following undefended cases:—Allan Anderson v. Ernest Aitken, £5 3s. 3d., costs £1 4s. fid. j Commercial Agency, Ltd., and Macky, Logan, CahUveil and Co. v. It. E. Shaw, £82 7s. 10d., costs £4 11s.; Voitch and Allan v. E. S. Keen, £7 16r. Id., costs £1 3s. 6d.; Laery and Co., Ltd., v. Yen Pay (trading as Yaw Lee and Co.), £6 3s. (3d., costs £1 3s. 6<J.; E. Keynolds and Co., Ltd., v. George de Mauser, £3 13s. 6d., costs 55.; same v. J. M'Hardy, £24 9s. Bd., costs £1 10s.; same v. Private J. Sampson, £108 os. Id., costs £2 Is.; Magnus, Saudersoii and Co., Ltd., v. 1 ,, . Millman, £5 4s. Id., costs £1 6s. 6d.; Griffin and.Sons, Ltd., v. P. W. Howard, £21 9a. 9d.. costs £2 14s.

JUDGMENT SUMMONSES.

Judgment summons cases were dealt with as follow:—Charles Koroneho. was ordered tc pay Green and Davis £5 10s. by instalments of 10s. a month, in default twenty-four hours' imprisonment; and J. A. O'Brien was ordered to pay J. Paul and Co. £9 15s. 10d. by April 25, with the option of serving nine days in prison. CYCLE AND MOTOR-CAR COLLISION. J. Head, the owner of a motor-cyclo, proceeded against Mrs. Ella Lamb, proprietress of a taxi-car, to recover damages alleged to have been due to a collision betwen the two vehicles. The plaintiff, who was represented by Mr. R. A. Hovio, claimed £16, but aftor hearing evidence the Magistrate held thai the accident had not been a serious one, and assessed the damages at £6. The defendant, for whom Mr. A. H. Hindmarsli appeared, was also ordored to pay costs totalling £3 Bs.