THE APPEAL COURT.

Otago Daily Times, Issue 10625, 17 October 1896, Page 4

THE APPEAL COURT.

(Per United Press Association.) Wellington, Ootobsr 16. Argument in tbe ease of Tienv Te P«ea and others v. Eoera Tareha and Mrs Donnelly was commenced in the Court of Appeal this afternoon. Plaintiffs sue on behalf of themselves and other Natives chiming to be beneficially j entitled to the Kaiwaka Block, inHawke'a Bay, and defendants are sae'd as reprrsenting themselves and other Natives declared to be entitled ro sucnced to the interest of Tarefa'a Te Moananui iv the block. The block is iv the Mohalca j 'VVnikari disst'ut, taken by the Cronn for the

uurpo.-es of scttlemetit under the "New ZeaUnd Settlements Act 1863," on the ground that tne Native owners, or a considerable number of tbeaj, were engaged iv rebellion against her Majesty. It being dfic/ared, however, under that act; by the Oder-in-Couneil tailing it that no land of any loyal inhfcb'.r.*nti would be retained, in pursuance of the agreement entered into in 1867 at a meeting bsstweeu the loyal Nstives aud the Native Minister and of the statutes niterwards [jaHped for CAU'yi; g the Rgreement into effect. Tan Kaiwak* bluuk was afterwards vest-od in Tareha Te Mosuonui first by the Native Land Court certificate of title, »ud afterwards by a Crown grant. Plaintiffs allege that by virtue of the agreement and statutes Tarebft was a trustee for .the loyal Natives, the owners of the laud, *nd they seek now to ha.v« him and his successors desired trus'eea. The defendants deuy any iruht, and allege that Tarehnwas, and that tbey arc, entitled beneficially. The questions of law we:e ordered to bo argued btfore trial, argument bis by consent been removed into :hu Court of Appeal. Mr J. W. Morrison is appexring for the p'aintiff', and Sir R. Stout for defendants. Argument for plaintiffs had not concluded when the court adjourned to Monday.