LANGUAGE PROBLEM.

Auckland Star, Volume LXIII, Issue 98, 27 April 1932, Page 8

LANGUAGE PROBLEM.

INTERPRETATION OF PHRASE.

CLAUSE IN KAROTONGAN

LEASE.

PUZZLE FOR SUPREME COURT

The interpretation of certain words and phrases in the Rarotongan language had an important bearing on a case heard before Mr. Justice Herdman in the Supreme Court to-day.

It was a claim by William Fellows Grove, Arthur James Grove and Joseph Bertram Grove, executors of the late William Henry Grove, merchant, of Auckland, against Ua Vakatini, of Karatonga, regarding the lease of certain land and a store on the island. It was stated that the proceedings have now been in progress for seven years. The moaning of a clause in an agreement made on January 1, 1894, was admitted to be essential.

The claim was for specific performance of the lease which, it was contended, gave right of renewal to plaintiffs. Defendant claimed that plaintiffs had remained i\ possession wrongly, and without hu consent.

Counsel for plaintiff said the original lease was for 30 years, and expired at the end of 1923. He was not prepared to go on, as he was appearing only for another counsel who had long been concerned in the case, but was now absent in Australia.

His Honor remarked that it was a pity the litigation could not be ended after seven years.

Counsel for the defence said his client was anxious to reach finality. It was anomalous that a counsel should go to Australia and make no provision for a case for which there was a definite fixture. Ho contended that there was. no right of renewal and that defendant was entitled to re-possess the land.

His Honor: Is this property of any great value? Counsel for the defence: We say it

is. Counsel for plaintiffs said the late Mr. Grove spent thousands of pounds on buildings. If the native succeeded in the case, he would win to the extent of these buildings. It was agreed to take the evidence of one witness.

Frederick William Christian, librarian at Palmerston North, said he went to Samoa in 1892, and visited a number of islands making ethnological inquiries. He had published several books and had prepared dictionaries of the languages of Mangaia and Rarotonga, both of which he could speak well. Regarding an essential clause referring to the renewal of the lease at its expiration, witness said it opened the way to another agreement to be prefaced by discussion. Questioned by his Honor, witness said the clause did not give the lessee the risht to insist on a further lease. It affected both parties, equally. The Bible, as translated in the Karotongan lan<ruage. was used by witness to illustrate the use of the imperative. According to witness' interpretation, the lessee could give up at any time by handing back the buildings and land. Witness said there were only about 1000 words in the Rarotongan language, against 00,000 in English. In crossexamination he admitted that a number of \n"licised words had come into the language, particularly regarding technical matters. The further hearing of the case was adjourned.