HOROWHENUA CASE.

Poverty Bay Herald, Volume XXIV, Issue 8057, 4 November 1897, Page 2

HOROWHENUA CASE.

\\ elliscton, to-day. Another phase of the Horowhenua case was entered upon to-day, when argument was commenced before the Chief Justice and Judges Williams, Deiiniston, and Conolly, sitting as the Supreme Court, of questions raised by a case stated by the Native Appellate Court, for the opinion of the Supreme Court. The proceedings are under the Horowheuua Block Act 1896, and in the matter of an application by Major Kemp to the Native Land Court for an order declaring him to be the beneficial owner of subdivision No. 15 of the Horowhenua block. This is the subdivision, a pjrtion of which was purchased from Major Kemp by Sir Walter Buller, but of which Major Kemp is alleged to have been trustee only. The whole of the Horowhenua block was originally vested in Major Kemp as trustee under a certificate of title under section 17 of the Native Land Act 1897 in his name alone, the names of 142 others being endorsed as beneficial owners. The block was partitioned by the Native Land Court iv 1886 by ft number of orders intended by the Court to give effect to a voluntary arrangement of the Native owners, and amongst others', the order was made in favor of Major- Kemp alone in respect of subdivision 14. Wirihana Hunia and other Natives claim that it whs intended to make him trustee only. .The Native Appellate Court has given no finding on this point, but submits for the opinion of the Supreme Court a number of objections to the validity of the order in favor of Major Kemp, and asks whether, iv theeveut of any such objections being fatal, he remains trustee under the original certificate of title. The principal objection to the validity of the' order of 1886 is that all the Natives interested were not parties to the voluntary arrangement to which the Court purported to give effect. The case also raises questions whether the Native Appellate Court has jurisdiction to enquire as to the validity of an order of 1886, or to determine any other question than whether it was intended to make Major Kemp the beneficial owuev or trustee ; and further, how far in considering the latter question it is bound by the evidence of the Judge who presided over the Partition Court as to what was intended Mr H. D. Bell and Mr P. Buller are appearing for Major Kemp, Sir Robert Stout" and Mr Stafford for Wirihana Hunia, and Mr Baldwin for the other Natives interested. The argument of counsel for the Major was concluded yesterday afternoon, and Sir Robert Stout had not concluded his address when the Court rose.