NATIVE LAND CASE.

New Zealand Herald, Volume XLIII, Issue 13201, 12 June 1906, Page 3

NATIVE LAND CASE.

ATTEMPT TO DISPOSSESS NATIVES.

SHERIFFS APPLICATION FOR COtJTS.

An' application for special costs in cdtaaeotion will? T.'ie« recent attempt, of the sfewriff (Mr, R. C. Thomas)-in dispossess name Maoris of their land in the (• a.latf.-i. 'Bney district under a writ, of execution was fcf»r<f by their Honors Mr .lustier Edward* 6»nd Mr. Justice Chapman in chambers a I wits Snpieme Court yesterday morning. Mli J. C. Martin appeared forth* sheriff' (Mr R. Cr. Thomas,), Mr. F. E. Ban me. for Margtsret H. Beak* l.executor creditor), and Mr. Fred. Kail for Tihema Te Una and Oro (th9(t»i* lives contented).

Mr. Earl, addressing the Court, said he was prepared to allow his case to stand 'on the deposition, which had been taken diStilii;/ the hearing of the case.

Mr. Manic stated that tin* sheriff was authorised to make certain < barges in tonneetion wi-:i) his action, but there, waus a. general clause under the nth'-' published in the- New Zealand Gazette, 1893. which provided that in any ease when- the sbwiff, sheriff's officer, bailiff, or other person employed under the sheriff was necessarily put to extra trouble ami experts.; in tin* ui-eliars-' of any duty incidental to Ids office or employment he and they should, be entitled to such reasonable payment as a judge of the Supreme Court might see fit to allow. The sheriff now asked for such sum as' their Honor* might think fit- in connection with the. writ of execution issued in this oust*. Counsel went on to point out, that the writ? had to be executed in an iti'teeessibh* nv.\f out-of-the-way p.'oco, which could only bo reached by tiain to Itotorua and thenc* fhy coach, On reaching: t.'alatva the. Hiiini.t' fount! (lie ivts in possession, and iSQaf probability that if he attempted to enforeo the writ he- would he- successfully resisted. This was ii,<j opinion not only of the .sheriff, but. also of Mrs. Beale. the executor crcsli- !-■•. Tin sheriff roulii not. obtain possession,; sue! refm'";/ i to Auckland. Subsequently th«» natives wo .> indicted for forcibly detaining the laud, .nd they were- committed for trial, but the grand jury threw out the bill. Some arrangement, lie understood, was afterwai'Jj come to between the plaintiff and the defendants, by which the latter Rave, up possession and then returned, lln asked their Honors to make such an allowance {is they thought' fit. Mr. Batime -aid the position was an extraordinary one. He submitted iha(. (hero was no authority for the sheriff to conn* before the Court, for special cos.'.s on an unexecuted writ, ami also that he had no right to demand moneys which had not been paid. Mr. Batmie. proceeded to review- the depositions taken in the lower Court, which (he said) showed that if one mull had been arretted it would have been sufficient to stop the whole thing and the natives would have* given up possession. Tin* .sheriff was bound to do everything neces;.ary in his opinron to execute this writ. What he did was to ptiU two men on and leave thorn there- for months and months doing nothing. He wanted to know if his client was to pay £100 expenses because of the sheriff's kindness and consideration. Was (In* asked) the King's writ, only a piece- of paper with nothing behind. it? The sheriff, he .submitted, had failed' in his duly, tie should have applied to the Court to attach tin* inspcrt.br of police of the Napier district or the Auckland district, or the Commissioner. An extraordinary course, was taken by the Department of ."Pus.. 'ice. whicL', in reply to a letter from tho t.i.eriff applying for assistance (<> execute. th& writ, said it was not pari of the- duty- of. tins police to carry out. evictions, and pointed! out. that on several cceawm.; whore Ewropean- nought to obt&in possession, of hunt' and iiiO natives refused to go off the Government had d< lined lo interfere or to '•ilow the police 1 •.- tako any part in. the proceedings other than preventing a broach oE the peace, -.'he application was refused. He. he!o that whether a. man was a man o£ means or not, if he was able to pay for the issue of the warrant, that was all he was asked to do. He held that a- sheriff in Now Zealand had all the powers of a, sheriff it* gland. Mr. Martin, in. reply, contended that ill-© sheriff here had not," the .same poweßS conferred on him as the sheriff at. Home. There was no statute, here which demanded that it, police officer or any other individual should' obey the sheriff, and consequently the sheriff might, call, bub there was lio.powell to make- them come. _ . - , *'f" Their Honors reserved their "decision".