COURT OF APPEAL.

New Zealand Herald, Volume XXX, Issue 9336, 20 October 1893, Page 4

COURT OF APPEAL.

[BY TELEGRAPH.OWN CORRESPONDENT.] Wellington, Thursday. In the Court of appeal, to-day, the Puhu< tikotiko block No. 1 ease came up for hearing. Tins was a case, stated by Judge Barton, of the Native Lands Court, for the opinion of the Court of Appeal. The memorial of ownership, dated the 29th of November, 1877, declared 70 aboriginal natives to be the owners of the land. Wi Pere is one among this number. A par- ; titiou of the land was determined upon in 1892, and a Native Land Court Judge pro; ceeded to make the inquiries, but he bad: some doubt as to the extent of his powers. He found that the natives were divided as to; whether the native restrictions should con tinue to remain on the land. Wi Pere an his party were desirous that the restriction should continue. Mr. Theo. Cooper appeared for Wi, Pere and others, and Mr. DeLautour appeared for the natives, who objected to the restrictions continuing. The questions for the Court were whether" the partition made was a partition within the meaning of the Native Lands Court Act," 1886, and if so whether the cancellation of the memorial of ownership under the Act of 1886, determined the restrictions imposed by the Native Lands Act of 1873. The argument was of a purely technical character. The questions were answered by the Court in the affirmative ; no costs to either side.