APPEAL COURT.

Feilding Star, Issue 325, 24 July 1907, Page 3

APPEAL COURT.

- INTERESTING NATIVE CASE. [PBB PBBBB ASSOCIATION.] Weitingtoa, July 23. . An interesting native case caow before the Apeal Court to-day. In lbtio the Teakau Block of 160,000 acres, between the mouth of the Wai kato River and Raglan were confiscated, but some 95.000 acres were uturned to the loyal native owners of the Ngatitahunga and Tainui tribos. There were 30 members of the latter and 58 of the former. Ever since then the proper allocation of this , land has been in dispute, and been at intervals the subject of inquiry by courts and commissions. Eventually it was relegated to the Native Appellate Court, which sat in February last, and came to a conclusion tha*. tbis land had never been confiscated and the Maori customary title still existed, wherefor they confirmed the decisions of 1891 and 1904, awarding the Tainuis 15,000 acres, and fixing tlie dividing line along; the old trib-u boundary. The Tainuis are now appealing on the grounds of the bias of Judge Browne and that the Court haa exceeded its jurisdiction in taking notice of the Maori customary title. A motion was then filed on bohalf of the Ngatitahunga tribe to strike a motion for prohibition on the ground that the jurisdiction of tho Supreme Court to prohibit tbe native appellate was expressly taken aws./ by section 59 of the Native Land Laws Amendment Act, 1905. Both motions were by consent re moved into the Court of Apeal Mr Bell, X.C , and Mr Osteler tp peared for the whole of tbe Ngatitahunga tribe; Messrs Bell and Bloomfield for the second of that tribe; and Messrs Earl and Morison for the Tainui tribe; and Messrs Skerrett and Findlay, X.C; Tor the Judges or the Appellate Court. I Mr Bell contended that tho Supreme Court bad no power to interfere with the Appellate Court, that ( power being taken away by section 59 of the Native Land Laws Amendment Act, 1895. Mr Osteler followed, citing authorities to show that when a well known Court with inherent powers had conferred on it a new special jurisdictiot. that jurisdiction should be exercised according to inherent powers. Mr Bloomfield addressed the Court on the facts of the case. The Court then adjourned until te-n-arrow. _____________________