NATIVE LAND DEALING.

Evening Post, Volume LXXVI, Issue 108, 3 November 1908, Page 8

NATIVE LAND DEALING.

A PECULIAR POSITION. •THE LIMITATION CLAUSE. Dealing in. native land was mentioned in chambers to-day, when a summons to register certain transfers was heard. Mr. Balcombe Brown, in opening tho case for the applicants for registration, said that the mafct-sr was mentioned previously before the Chief Justice. His Honour and the Chief Justice made some very strong remarks. Mr. Balcombo Brown replied that some sfcrong remarks were made, but that tho point which had to be dealt with was not taken into consideration by his Honour at all. The liens which his Honour spoke about had already been registered by fche> Land Transfijr Department, and the Land Transfer Department ra ; se no question regarding that. It seemed that Mr. J. H. Miles, solicitor, Marton, and Mrs. Miles, purchased at public auction native land which was sold in accordance with the recom•,mendafcions of the Aotea Maori Land Board. After tho purchases had been completed and confirmed under the Maori Land Administration Acts, Mr. and Mrs. Miles made mutual exchanges of their lands and then sold the exchanged lands to Mr. W. S. Marshall, who held more than 640 acres of firstclass land. The District Land Registrar said that Mr. and Mrs. Miles, in making the exchanges, were evading section 6 of the Native Land Laws Amendment Act, 1895, which prevents purchasers of native land from selling to anyone who holds more than 640 acres of firstclass land. His Honour observed that Mr. Miles said he had deliberately made the ex,changes for tho purpose of getting out of section 6. He was perfectly frank about the whole matter. It seemed, said his Honour, to be very convenient for a man to have a wife. Mr. Pauling, in the course of his argument for the District Land Registrar, said that if Mr. Balcombe Brown succeeded, he would upset the whole of section 6. There would be nothing to prevent a whole syndicate taking up land and then exchanging between themselves. His Honour reserved his decision.

Mr. Justice Chapman yesterday and ' to-day heard argument relating to the caco Edward Ernest Lawrence v. Frederick Ghas. Death. This was an action for libel arising out of a letter written by the defendant to the Loan >fld Mercantile Agency afc Feilding. The case was tried at the last sitting of the Su- I preme Courfc at Palmerston North, the jury awarding £150 damages. Tho judge afc the CTial held that the occasion on which the letter was written was one of qualified privilege, and it was neces.sary, therefore, for express malice to be proved by the plaintiff. The question was whether the answers to the issues as found by the jury were sufficient to justify a verdict for the plaintiff. A motion was made on behalf of plaintiff for judgment, whilst the defendant also moved for judgment in his favour on the answers of: the issues or alternately for a new trial. Mr. Myers appeared for rplaintiff ,and. Mr. W. J. Treadwell, of 'Wanganui, for the defendant. Judgment was reserved. A Brindisi mail is coming through by the express train from New Plymouth to-night. Lieut. -Colonel Hume, Inspector of Prisons, leffc for the South last nighfc. Miss Mary E. Richmond was selected to succeed Mrs. Darvall (resigned) on the Board of the Benevolent Institution to-day. A sale of work, promoted by St. Paul's parish, will be held in the Sydney-street Schoolroom to-morrow and Thursday. In addition to well-laden stalls, au attractive series of entertainments has been arranged. j