APPEAL COURT.

Auckland Star, Volume XXVI, Issue 111, 10 May 1895, Page 4

APPEAL COURT.

(BY TELEGRAPH,— PREijS ASSOCIATION.)

Welltx&on, this day. The case of Winiata Te VVhaarp'.V. Airini Tonore and another, is now being heard in 'the Court'of Appeal before the: Chiet Justice, Judge Williams and Judge Denniston. This is a further stage of the longstanding dispute? in regard to the title lof the Mangaqhane ' Block (inland ' Patea). The" case-is an appeal from the decision of Judge Richmond, prohibiting the Chief Judge of the Native Land Court from dealing with the matter under Lsection 13 of the Native. Land Court Acts Amendment Act, 1889 (giving power to the Chief Judge to remedy errors or omissions in the r decisions >of orders of the Native Land Court). Application : was made by Winiata to the Chief i Judge under that section, alleging error in ; aoiorder made on the original investigation ;of title to the block known aa Mangaohane i"N6. 2. The alleged error was that) the ; Court fixed the southern boundary of that block so as to include land known as Tokfti pofio, although tho Courb intended, fco exclude Pokopoko. The Chief Judge held, there had b_en an error, and tb'remedy ib mado an order thab Winiata, who claims title to Pokopoko, be admitted as one of the owners of Mangaohane No. 2, the extent of.his interest to be afterwards determined on. parttbtoi). The Chief Judge made an order in this form becauee, on the evidence before the original court and before himaalf, it was impossible to define the land known as Pokopoko, which 'had been erroneously excluded. Judge Richmond ■held that the alleged error was not otse within the meaning of section 13. as it was not a definite mistake capable of definite and a definitive correction by the amending order itself. His Honor therefore held that the order of the Chief Judge was made without jurisdiction, and granted a writ of prohibition. Winiata now appeals from this decision. Sir R. Stout and.Mr Morrison arc- appearing for the appellant, _hd Messrs Bell and McLean for the respondents. . : ■ ■'.: i ■.■*.■