NATIVE APPELLATE OURCT.

Gisborne Times, Volume XXV, Issue 2050, 10 April 1907, Page 3

NATIVE APPELLATE OURCT.

A sitting of the Native Appellate Court was commenced at the Native Land Court yesterday morning. Chief Judge Jackson Palmer was on the Bench in company with Judges Rawson and Jones. The cases in which Ani Kirimana and M. Mullooly asked for investigation of the title of tho Kopuni block was mentioned. ■ Judge Palmer said the ease had caused some trouble. He himself could not sit on the case and Judge Jones could not, as he had previously given a decision on it. Judge Seth Smith would be passing through Gisborne oil his way to hold a sitting at Hastings on the 16th, and perhaps lie could spare time to hold a sitting io Gisborne to deal with the case. Mr. Lysnar, who represented one of the parties, said that there was a petition before Parliament in refer-

ence to the land. The petition had been before the last Parliament, but was not dealt with, and would come before the next Parliament. He would prefer that the matter should stand down until it had been dealt with bv Parliament.

In dealing with a case which it was asked to have adjourned to Waipiro, tho Chief Justice made some remarks, regarding the payment of deposits. He said the Court intended to proceed on new lines. If ; [('posits were not paid when the Court sat the cases would be struck out. It was not fair to respondents ior appellants to lodge an appeal and fail to pay the deposit, causing much ioss to the respondents. 11l the present case the deposit should have been paid in February of last year. The appellant might be willing to pay the deposit at Waipiro, but even if he were the Court had powor to decline to take the case. The case in which Wikitoria Kcrckcre and others appealed against tin partition of Repongaere 4H2 ‘was heard.

Counsel for appellant said his wife had an interest in the land—she was trustee for the . iiilant. successors. When the order appealed against was made Peka Iverekere was seriously ill. ’When the order was made Ta’ki was the only one of the Korokeres who agreed to it. The objectors did not object in the Court. They die not appear at the Court. The mo (her of the children had 15 acres of fiat land in the Repongaere block. At her death Peka took 12) acres of this and had had it fenced and leased to a European. The apjieal sought tp affirm that this land should have been divided equally among tlie five children of deceased.

Counsel for respondent said Peka had acted as'agent in the cutting up of the block. The appellants wore present at the hearing of the case in

the Court below, but were not present when the decision was given. The portion taken by Peka from the mother’s Jnnd was quite fair. Ho (the speaker) relied on the tact that the appellants had not objected when

tlie order was made by tho Court below, and had waited until after Peka’s death before doing so. The Chief Judge said the Court could not recognise tlie ownership of the 15) acres, hut would endeavor to cut it up with fairness to all parties. ICarepa Taua’s appeal regarding trustees for the successors to Tauwliaretoi 2B and 381 was struck out. Cases 18 to 60 (an application referred to the Court by section 9 of “The Maori Land Claims Adjustment and Laws Amendment Act, 1904,” and appeals against decisions of the Tai-Rawhiti Land Board) were ad-

journed to Port Awanui. When the Court resumed after the luncheon adjournment decision was given. The Chief Judge said tho Court had no power to reduce the area held by Peka. The Court was forced to allowed him the share awarded by the Court below, the order then made not having been objected to. The appeal woukl.be dismissed.

.To Kani Pore appealed regarding tlie partition of Okahuatiu IA, The Chief Judge said that the

hearing could not proceed unless a special Act had boon passed on the matter. He could not find such an Act.

Tho appellant asked that tho case be adjourned until after the sitting of Parliament.

Wi Pore objected to the adjourn ment.

Tho Chief Judge said the Court recognised that the appeal should he adjourned to allow Parliament to enquire into the matter. The Court then adjourned till 10 o’clock this morning.