THE NATIVE LAND LAW.

New Zealand Herald, Volume XLIX, Issue 14932, 4 March 1912, Page 8

THE NATIVE LAND LAW.

' PROBLEM-FOR CHIEF JUSTICE.

[BY. TELEGRAPH.— ASSOCIATION.] ■•> ~..-. Wkujinutov, Saturday. An interesting; 1 point in native land law was argued 'before ' the ; Chief Justice (Sir Robert Stout) to-day, when the SolicitorGeneral proceeded to obtain" a declaratory judgment as to whether, under the NativeLand : Act, 1909, \ certain; 'land required for l pad' purposes might -be taken without payment of compensation. The defendants (if the action were Henry Bernard Cave andAubray Old know Cave, of Wanganui, owners of (he land, and William Edgar Smith and Thomas Allison, of Wanganui, mortgagees; "•■-•■■''"■ j-ji The'- land in question was " known as Tiiiiahuere 1) Block, and To Korito Block, section 9. Waipakura 4 survey district. ' It was originally Vested' in natives of New . Zealand; by the Native Land Court, the certificates of title '■ being dated - February 14, 1867, and March 1, 1867, respectively, and was subsequently comprised in Crown grants, dated April 2, 1867, and October 24. 1867, under..the Native Lands Act, 1865 anil 1866. ; :- ' > C? ;r* A similar case was that in which Zoo Louisa ..Smith, .... owner, v A. W. Owens, clerk in Holy* Orders, >- mortgagee, and Claude Edgar' Churton Smith, of Wanganui/ tenant, proceeded against the .Solici-tor-General to obtain an answer to a similar '''question!,'-' The land in this case ■Wan originally vested in natives under a memorial of ownership, dated February 8, 1879, and under the Native Land Act, 1893, but was now comprised in a, certificate of title in lieu of a grant. ' In the latter case it was contended that Smith had been entitled to a land'transfer tjtjo,'; r but had not made .-application for, nor ' obtained, confirmation , of,- his tights ..',ii.ntj 1v" 1898, •;)NpWj; ■if k the \ interpretation plated by ■the Solicitor-General on the ;J Statute were correct he ■".-■ and the other plaintiffs would bo in the position of losing by restrospective legislation; the light they bad acquired. .. Mr, J. W. Salmond, Solicitor-General, ,; appeared; in person in each case, and Mr. W.J; Treadwell represented each of tho apposing parties. , Ift.f'ftfb case [is Honor reserved his ■ , , •' M ' . ■ ■•