NATIVE LAND CASE

Dominion, Volume 11, Issue 199, 11 May 1918, Page 2

NATIVE LAND CASE

RESERVED JUDGMENT

His Honour Mr. Justice Chapman dolivcrcd the reserved judgment o tho Court of Appeal yesterday in the Mhv. land case of Edwin Henry Hard} \. I* Aka Pairania and another. Tho appeal .was from a decision of tho Chief Justice (Sir Hubert Stout) on a suit instituted'by the Natives tor the: pnposo of havius a declaration of the hip7eme Court that they were entitled to releom a certain survey charge win* had been registered against their lain, known as Karu-o-tc-whemia 13, Jjo. - «:• • This order had been made bj.His Bo - our Judge Kawson to secure the mm of ,€27 19s. 2d., together with interest at s'"per cent, for live years. Tho whole point turned upon the question as to whether when the vesting o - dcr was obtained the Native Land Co" ' had www to make jt, the Natives claiming that by virtue of the provisions of the. Maori Land Laws Amendment Act, 190-. there was no power to interfere with their mortgage for o period of nvo year.-. Tho appeal was dismissed with cos s on tho lowest scale, but tho Court mado an or,dcr for a variation in the oriKiiial judgment, stating (hat as Mr. M |< f obtained a land transfer title to the laud Mr. Hardv should account to the Nntncs for the purchase money received from Mr. Wall. „ „ „ . •\t tho hearing Mr. C. K. Monson. K\C, with him Mr. T.NeaVe, appeared for tho appellant, and Mr.E.P. Bunny for the respondents.