NATIVE LAND COURT, CAMBRIDGE. (Before His Honour Judge Williams, and the assessor.) Te Waotu No. 2 Case.

Waikato Times, Volume XX, Issue 1659, 22 February 1883, Page 2

NATIVE LAND COURT, CAMBRIDGE. (Before His Honour Judge Williams, and the assessor. ) Te Waotu No. 2 Case.

Divrioui/rrKS having arisen with respect to the application ot the judgment deliveied in the above case on Saturday, by the presiding judge (Judge Williams), at the bittuig of the Court on Monday, at munents on the subject took place between the counsel. These resulted in His Honour announcing his intention of falling hack upon the judgment delivered in tbe latter end ot November last. Dr. Buller strenuously opposed this proposal, and on the Judge intimating his intention of adhering to his determination, he (Dr Buller) applied that the case should be reserved for determination by the Supreme Court. Mr Sheehan opposed the pioposal, and after citing cases to show that His Honour Judge Penton had on pre\ ions occasions, under somewhat similar circumstances, ignored recent proceedings and fallen back on pievious judgments. Mr Sheehan then went on to argue that the Supreme Couit could not interfere in the question raised by counsel. That Court could only i interfere on questions affecting English law ; but could not under any circumstances interfere in questions affecting Maori usage or custom. The functions ot the two Courts— the Native Lands Comt and the Supreme Court — wereiu that respect recipiocil. While the Supreme Court could interfere with the Notive Lands Com t in questions affecting English law, the Native Lands Court had a similar power conferred on it with lespect to the Supreme Court in matters of Maori la\v and custom. In support of this contention he quoted largely from the Act of 1573. > Judge "Williams reserved the point for consultation with the ChM Judge, who was expected to arrive in Cambridge that evening. On the Court re-assembling on Tuesday morning, Judge Williams said he had consulted the Chief Judge on the subject of an appeal to the Supreme Court in the Waotu case : the result being that he (Judge Macdonald) was clearly of the opinion that Mr Sheehan's contention was sound, and that no such appeal < could be allowed. A somewhat acrimonious discussion took place between Ur. Bullor and Judge Williams, during which the latter persisted in saying that they were bound to ignore .ill the subsequent procedure to the judgment now fallen back upon — that of Nov. Ist. last. After further contention, the Chief Judge, who was in attendance, was drawn into the discussion. He said lio wished it to be undeiatood, he was simply advising Judge Williams and not directing him. Still, he was clearly of opinion that the right course to pursue was to fall back on the judgment as stated above. Dr. Buller : Then, sir, do I understand you to mean that it is the intention of the Court to wipe out all the proceedings of the last four weeks, and tall back on the prior judgment alone ? Chief Judge Macdonald : Yea, * Mr Buller, that is peroisely our intension. Dr. Buller j And all the work of the last month is to go for nothing. The Chief Judge shook his heaf\ in reply, and made some few remarks which were wholly inaudible. Mr Skeehan then announced he would be prepared to hand in the list of i names for JNgatihuia; also Ngatimatau, likewise give in a list of names for Arakatera, ,for whom Dr. Bnller heretofore had had the honour of appearing. .Yesterday morning the business was qf an unimportant -charaoter. Mr Shephan gave in retainers 1 in accordance with his promise of the t previous day, for clients previously represented by Dr. Bailer. The lists, were then gone on with. ' , \ '• The" case will- probably finish to-day, when Judge? Williams' will leave, for Gisborne; Chief Judge Macdonald and Judge Euckey remaining to transact' ( the b'usi,hess,*t „It is understood, that^in^the disposal of the-anses, still before the Court large idrbads will lie "made upon" the Ifingj, •<- *'* „' ■ *'

■The '-TtflnKaramea ,. Road jßoarcl . jtnvite < Renders fojfditching',.,. K 1 ' '' f'.vt' '■ ' - 'MviHiiiPifegfei^ald^is authorised to 6bl.lect rents and raorieys f fo'r'Mr W\ A,.Graba'ni"tt ■