KAI RURU JUDGMENT.

Poverty Bay Standard, Volume X, Issue 1168, 6 October 1882, Page 2

KAI RURU JUDGMENT.

.. _ In the. Si'pheme Court of New Zealand, I Weli.i ngto.n District. On Wednesday, the 27th day of September, 1882. On reading the Rule made herein on the ■ fourth day of August, 1882, whereby it wo.r • ordereil that Matthew Price of Gisborne, j Resident Magistrate, William Dunahoo, Mero 1 Tipuna Ripcrata Ngata, and Maaka to Kangitautini should show cause at Wellington ■ at the first sitting of the Supreme Court in 1 Banco, which should take place not less than 1 fourteen days after service of tl;c said Rule ' upon them, why the said Matthew Price should not proceed to hear and determine a | a certain action in the Resident Magistrate’s ' Court for the District of Poverty Bay, I holden at Gisborne, wherein William Cole- i man and Joseph Friar Clarke were plaintiffs, j and the said William Dunahoo, MereTipuna. Kipiruta Ntjitu, uud tw I

were defend.'!•.(■<. on the ground that n» l.uc-t ' ft te question of title t<» I •.nd .r.--v on tinhearing of the said action b-.fcrc the said 1 Reside nt Magistrate, and o:i the ground that the learned Resilient Magistrate ought to have buhl that the evidence of the said Mere Tipuna did not raise any question of title to the land in the Certificate of Title produced before the said Resident .Magistrate, and on the grounds mentioned in the affidavits filed in the Supreme Court. And on Reading the affidavits of A\ illiam Coleman, Edward ffrancis Ward. Adolphus Frederick Hardy, and William Donahoo filed herein. And on Hearing Mr Forwood of Counsel for all the Defendants other than the said Matthew Price, and .Mr Izard of Counsel for the said William Coleman and Joseph Friar Clarke, It is ordered that the said Rule of the fourth day of August, 18S2, be and the same is hereby made absolute. And this Court DOTH order and dihei’t that the said Matthew Price do, within such reasonable time as shall be fixed by him after service of this order upon him, proceed to hear ami determine the said action. And this Court doth further order that the said William DomJioo, Mere Tipuna, Riperata Ngata ami Maaka te Rangitaut.ini do pay to the said William Coleman and Joseph Friar Clarke all costs incurred by them in ami about the obtaining the said Rule of the fourth day of August, 18S2, and incidental thereto; and also all costs incurred by them in and about this present order and incidental thereto by the Court.