THE STANDARD. SATURDAY, FEBRUARY 15, 1873.

Poverty Bay Standard, Volume 1, Issue 27, 15 February 1873, Page 2

THE STANDARD.

SATURDAY, FEBRUARY 15, 1873.

“ We shall sell to no man justice or rijjht: We shall deny to no man justice or right: We shall defer to no man justice or right.”

The thanks of that portion of the community, who are likely to have any business at the forthcoming sitting of the Native Lands Court, are due to our correspondent Whenua, whose letter, bearing on a subject of vital importance, appears in this morning’s issue. We need not say that the opinions he has expressed entirely meet our views. It is a duty incumbent on the Government to take every precaution against future litigation arising from defective titles to land, for by the exercise of a little care in following the course laid down in the provisions of the Deed of Cession, in passing Lands before the Commissioners, the foundation of a good title can be laid. This subject is not new to our columns ; we drew attention to the matter in October last, and we are obliged to our correspondent for reopening it now. It will be remembered that in 1869, Messrs. Munro and Bogan, Judges of of the Native Lands Court, sat at Gisborne as Commissioners, pursuant to the terms of the Deed of Cession. So far, so good. In 1870 Judge Rogan sat here again at Judge of the Native Lands Court, and, instead of the same course be pursued, the Government, it would seem, compelled him, against his better opinion, to sit, hear, and determine claims to land *» tie Native Lande Court dealing with lands within the Ceded block, exactly as though the Native title had never been extinguished. Taking the most important stipulation of the Cession Deed, which, as Whenua writes,

requires “ all lands within the defined “ boundaries to pass before tun Com- “ missioners,” it does appear to us not to require much legal knowledge in arriving at the conclusion that the whole of the proceedings of that Court, in so far as they affected the lands we have referred to above, are utterly null and void, and that, in short, the lands are in exactly the same position as they were prior to the adjudication of the Judge Upon them. The result is an oft-re-pcated tale; the claimants have lost their time and their money, and the whole question must be opened up de novo ; while the country has been put to a great deal of expense and inconvenience for no earthly purpose of good. We believe that should an endeavour be made to pass any blocks of land through the Native Lands Court, at its sitting in April next, instead of before the Commissioners, the claimants will strenuously (and we hope successfully) oppose that course; they will protest against the proceedings, and object to the jurisdiction of the Court. In this they will be perfectly justified; as, believing as we do, that the N ative Lands Court has no jurisdiction within the boundaries of the Ceded block, they will merely be taking the only constitutional means open to them of defending themselves against the persistent illegal action of the Government. Should any of our readers hold to the contrary we shall be glad to afford* them an opportunity of proving their case if they can.