NATIVE APPELLATE COURT.

Gisborne Times, Volume XXV, Issue 2055, 16 April 1907, Page 1

NATIVE APPELLATE COURT.

SITTING CONCLUDED; The Gisborne sitting or tlie Native Appellate Court was concluded a little before six o’clock last night, when flic following judgments weie delivered: — Appeal of Apirana Takitahi and others regarding Kahotca West.— This is an appeal from a decision of tiie Native Land Court affecting a partition of the Kahotca West block. This partition was effected under a special statutory provision, which gave tlie Court power to include as owners of the land persons who in the opinion of tlie Court were inadvertently and without iptentiqu on the part of the Court omitted from the list of owners on tlie investigation of title, with a proviso that no claim was to be admitted except such as was consistent with the finding of the Court on the original investigation of title. ‘'-Tlie claim of the appellant depended,” in the words of tlie judgment of the lower Court, “upon the assertion that a part of tiiis reserve, although in Tukurangi block, is an area transferred from Waiau block, and that this and another claim were made under grantees who were not owners in Tukurangi.” Tho principal contest resolved itself round this question. The lower Court, not without, some hesitatation, found in favor of the contention. The appellant now says that this being so. he is entitled to a greater area than that awarded to his party. If the decision of the lower Court was correct, this Court thinks lie ought to have got something more; bqt t(ip Court is by no means curtain, • that tlie “takes” to the Waiau and Tukuraugi blocks are identical, the appellant himself claiming that they are not, and basing his claim to a greater area on that. We have nothing in the evidence before the lower Court to guide us, and to enable us to give a justdecision on the matter. The fairest

way to all parties will be to refer the matter back to the Native Land Court- in order that justice may bo done to both sides. Tho appeal will be uphold, tho order in this block nilmilled, and tlie matter referred back to the Native Land Court so far only as the Knhotua West, block is concerned. - The deposit (£25) _ will be returned to Miliorn Rukotapu, of Wniroa.

Appeals of Wi Hoorn and Katarainn to Ngalio regarding Tnrakc. —Those appeals wore heard together, and are from a decision in the Tarnko block. Tlie Court below practically found both parties entitled,but decided that each party .should bo confined to separate blocks,Kntarnina to-Ngalio taking Tarako block, and Wi “Hootu’s people Riniuroa. Earlier in tlie case the Court lmd decided that four persons named had ail interest in tlie Tarako block, and when tho lists wore made up these persons were loft in, although objected to by Ivataraina. Both parties found their appeal on this admission, Katarainn alleging that these ought, to bo transferred with the rest of their party and Wi Hoctii complaining that 24 others are equally entitled to come ill with tlie lour if they are rightly in the Tarako block. This Court will remove the lour into the Riniuroa block with the rest of their party. Katarainn te Ngnho’s appeal is upheld, and Wi Hoeta’s dismissed. Deposits to be returned to both appellants—Kataniinn te Ngahe (Frasertown), 'Wi Hoeta (Frasertown), £2O in each ease. Appeal of Teia regarding Wiiataroa mid Ohiwn.—This is an appeal by Toin in respect of the Whataroa and Ohiwn blocks. The onus of showing tlie judgment of the lower Court iswrong rests upon the appellant. The appellant has not convinced us that this is the case. We allowed the parties an opportunity to come to an amicable arrangement, but this was not taken advantage of, and we have to found our judgment on the records of the Court below. ’The appeal is dismissed. Mukanui asked for full deposit as costs. Tueiiu Roman: objected. The Court allowed £5 to Hukanui (Gisborne) as costs, tlie balance of £2O to be returned to Teia (Frasertown, Wairoa). Rowi Wahaponga’s appeal regarding Whataroa.—This was an appeal for the addition of children of a deceased person and was held over until tlie main appeal was heard. There was no opposition to it, and the appeal will be allowed and the names of tho four children will bo included in the order with their sister as owners of their mother’s share. Deposit or £5 to ho refunded to liewi Wahapango, of Wairoa. Appeal of. Akciiolii Turetatu regarding Whataroa.—Dismissed for non-appearance and non-payment of deposit.

Tlie domestic science crusade is progressing in Sydney. Mrs. David, wife of Professor David, in a lecture remarked that the popular impression that a woman was instinctively a housekeeper was quite fallacious. The lectUrcss proceeded to argue the necessity of training in cookery, thrift, dressmaking, and the care of children, illustrating her points by a series of interesting and humorous reminisoenes. Mrs. David strongly denounced those who placed a stigma of social inferiority on the domestic worker, and also tho heads of families who did not recognise the value of the labor performed by their own wives and daughters. These wore two of the reasons why girls were driven into other avenues of employment.

Among the most interesting of recent archaeological discoveries is that of a huge “ship of the sun,” formed of brick, near the bank of the Nile, at Abusir, about two hours’ journey from the Pyramids. Tourists who have visited Egypt during the past six or eight months have been able to Seg this singular object, as yet but partially unearthed from the drifting sands which had covered it perhaps for thousands of years. In tho opinion of Dir. Yon Hissing, who lias been engaged ill uncovering it, this ship dates from about 3900 B.G. It is a complete image of tlie ideal ship in which the sun was imagined to cross the “celestial river” at night, to reappear oil tlie eastern shore at daybreak. It is evident from tlie remains of calcined wood that tin's ship with its brick hull was once elaborately fitted up, and that all of it that would burn was destroyed Tlie High Commissioner in London lias forwarded tlie Farmers’ Union j Jvocate a copy of u Herts paper, containing a full report of a. ease in which a Herts butehey. was charged «ith soiling to "the local asylum authorities mutton labelled “iNew Zealand,” which n reality came from America. The evidence of Mr. Cameron (Commissioner for New Zealand) and others, showed that six carcases had been sent to tlie asylum under contract. These had labels indicating that the mutton cargo Crum Nelson Bros.’ works at Gisborne, but was in lamb bags belonging to the Canterbury Meat Freezing Company. The defence did not dopy that flip fraud had been committed, but alleged that a mistake had boon made. It appeared that under the contract witli the asylum authorities the firm of butyfu-rs was losing, owing to the price of New Zealand mut-ton having gone up. A line of £5, with £25 costs, was imposed.