COURT OF APPEAL

New Zealand Herald, Volume XXXIII, Issue 10265, 17 October 1896, Page 5

COURT OF APPEAL

[BY TEM-mAPH-rRESS ASSOCIATION.] Wellington, Friday, Augment it the case Teira Te Paea and others v. Tareha antlMr?. Donnelly was commenced is tho Court of Appeal this afterBoon. Plaint ffs sue on behalf of themselves an<l other natives, claiming to be beneficially entitle:! to tie Kaiwaku Block in Hawke's Bay, and dcfmdants are sued a- represeutin<r themselvja and other natives declared to be entitled to succeed to the interest of Tareka To Moarottiui in tho block. The block is in ihe Alohaka Waikare district, taken by the Crown for tho purpose* of settlement under the NaT Zealand Settlements Act, 1863, on the ground that tlw native owners, or a considerable number of them, were engaged in rebellion against Her Majesty, ic being declared, however, under that Act by the Order-in-Council taking it, that no land of any loyal inhabitant would be retained. In pursusncehf an agreement entered into in 1887 at a meeting between the loyal natives and the Native Minister, and oi the statutes afterwards passed for carrying the agreement into effect, the Kaiwaka Black was afterwards vested in Tare.ia Te Moananui, first by Native Land Court certificate of title, and afterwards by Crown grant. The plaintiffs allege that by virtue of tho agreement and statute Tareha was trustee for the loyal native owner* of the la.d, and they seek now to have him and Lis successors declared trustees. Defendants deny any trust, and allege that Tareha was, and that they are, entitled beneficially. Ques tions of law were ordered to be argued before the trial, and the argument has by consent, been removed into the Court of Appeal. Mr. Morison is appearing for the plaintiffs and Sir R. Stout for the defendants. Argument for the plaintiffs had not concluded when tho Court ad'onmed till Monday. In the case Union Bank v. Murray \yn?ley, judgment was reserved.