The Telephone. WITH WHICH INCORPORATED THE POVERTY BAY STANDARD. PUBLISHED EVERY EVENING. GISBORNE, THURSDAY, DECEMBER 11.

Poverty Bay Standard, Volume I, Issue 307, 11 December 1884, Page 2

The Telephone. WITH WHICH INCORPORATED THE POVERTY BAY STANDARD. PUBLISHED EVERY EVENING. GISBORNE, THURSDAY, DECEMBER 11.

In the celebrated Makauri case an application was made yesterday by Mr. Brassey on behalf of Mr? Saiiitien.ocke to,-.|heySupreme Qourt-fpr a decree for partitipntanij 7 acppiinfS,. His . Honor, judge Gillies said he was of opinion that after reading the decision by Judge Richmond on Mr. Locke’s appeal from the judgment of the Native Land Court, that the Supreme Court had no jurisdiction in the matter, and that therefore he must decline to entertain the case, but he would allow Mr, Brassey next morning to make a further application. To-day it; was decided that -the application made by Mr.- Brassey should be referred for argument to the sitting of the Court in banco at Wellington for the purpose of deciding if the Supreme Court could interfere. Mr. W. L. Rees who appeared on behalf of the defendants, Kahutia and others, said there- had already been two or three hearings, all of which had been confirmed,. . That, all orders against which no objection had been made at the time of nearing had been validated by the Native Land Act Amendment Act, 1882; Such tya's the nature of the orders made to the defendants, or such of them as were joint tenants. Mr. Rees contended that although the Court making the original subdivision awards had no jurisdiction, yet the subsequent action of the Native Land Court so far as related to the orders to which no objection had been raised was perfectly legal. All the orders made, save the one of G. E. Read, - whose interest Mr. Locke represented, and the award to Hirini Haereone had been made without objection. In support of his contention that the others were good and effectual in law, Mr. Rees quoted clause 8 of . the Native Land Act Amendment Act, 1882, which distinctly provided for validated subdivision awards in such cases as.Makauri, where no objection was raised at the time of hearing. What may be looked forward to as a final hearing of this vexed question will take place at the end of January or the beginning of February next, When we hope that another native land difficulty will be effectually disposed of. The present attitude of the Supreme Court seems to be in the direction of letting things remain as they were.