THE HOROEHENUA BLOCK.

Otago Witness, Volume 11, Issue 2280, 11 November 1897, Page 15

THE HOROEHENUA BLOCK.

' Wellington, November 3.

Another phase of the Horowhenua case was en f ered uppn to-day wh«n argument was commenced before the Chief Justice, and Justices Willi»mp, Denniston, and Conolly, sitting as the Supreme Court, of questions raised by a ! case stated .by the Native Appellate Court for .| the opinion of the Su prune Court. The proceed ingfl are under " The Horowhenua Block Act, 1896," a'«d iv the matter of the application by Major Kemp to the Native Land Coutt . for an order declaring aim to be the beaefioial owner of" subdivision No 14- of Horowhenun Blcck. This is a subdivision, portion of which .' was purchased from M»j< r Kemp by Sir Walter JBuller/ but of 'which Major Kemp is alleged to have been the trustee only. The whole Horowhenua Block was originally vested in Major ! .Kemp as trus*fee tuder* a l 6erMßcate of Jtitle i under 17 of " The Native Land Ajot, 1867,'' in "his nairfe- alone, "the na'tnas ~of 042' I others being enddrs'ed »s beneficial bw'ners..The S block was part.itfolie'd- by the Land Court ia I 1886, by, a 'num.bsyr.oi' .orders intended byT,the.: f | Ciurt to, icive effect to s^ voluntary ar/angei men?t"Of'"tte Native jflwoefs, aud amongst others an border was made iifravour of Major -Kemp alone in respect yof^'Bubdivision 14-.' Wiribaiia Hunia and , ?>€b^Gr "Natives claim that it w&s intended to niake .him - trusfec only. The -Native - Appellate -Cfurt has given no finding on this point, but submits'forthe opinion of the Supreme Court a number of ' objections to tbe validity of the order in favour of 51»j.>r Kemp, and »sks "whether, in the.eveDt of any of such objections being fatal, he remains trustee under the oi iginal certificate of "title. The principal objection to the validity of the order of 1886 is that all the Natives interested were not partieS'-to the voluntsry arrangement* to which the court pur ported to give effrcb. The case also raises the question whether the ,Native Appellate Court has ju'isdicfciqn tq iuquire as to the validity of the order of '1886, or to'delermine any other question than whether it was iriteudeji. to make M»jor Kemp b?uefioial owner or trustee ; and further,'-how far, in considering the lnfctjer question, it is bound by' the evidence of the judge who.presided over the; Partition Court as to What was intended. Messrs H. D. Bell and P,. Buller are appearing for Major Kemp, Sir R. Stout and Mr Stufford ' for WirihauH Hunia, and Mr Baldwin for the other .Natives interested. The argument, of . counsel for Major Kemp was taken this afternoon, and Sir R. Stout had not concluded his .address when the court rose.