R.M. COURT, TE AWAMMTU.

Waikato Times, Volume XXXIX, Issue 3161, 27 September 1892, Page 2

R.M. COURT, TE AWAMMTU.

Wednesday,—(Before Captain Jackson,

R.M.) Tameiiana v. 'WEiiERtTA.—-Informcfion for maliciouslj' cutting a fence at Kakipuka. Mr Cruiokahank for informant. Adjourned for a week at defendant's request.

Rociiford v, Te Puke and Mai'ri Oiiooiio.—This was an information laid by Mr Rochfort, the well-known surveyor, against two natives for obstructing bin while surveying the boundaries of Block Mauntratautari, (>B, Section 2. Mr Greshatn appeared for tho prosecution, and Mr Oruiekdiank for both defendants. .Mr Koch fort produced his ordirfrom the Native Land Court, under Section S!) of "The Native Land Court Act ISBC," to survey the bit: ok duly approved and endorsed by rhe Surveyor-General. He also produced an order in favour of Wikitori, the present OAvner of the block, and also copies of the minutes of the judgment. He saw Puke 011 the 19th August, and interpreted to him the order authorising him to make the survey, but it was not then endorsed by the SurveyorGeneral. The witness was then going ou to describe what Puke did on that day, but Mr Cruieksbauk objected, as it was prior to the date in the information. On the 16th September witness again went to Puke, and told him he was going to survey the block, and Puke said he would stop him. Witness went 011 the ground and put iu some picket postß, and a peg at tho corner, all of which Mauri Ohooho pulled up. The latter would also stand in front of the theodolite every time he looked through it, and prevented his using the instrument. Puke was not there ; he produced the order to Mauri Ohooho. Puke told witness not to go 011 with tin survey uutil the rehearing was heard. Two other native witnesses identified the ground as being the portion meant b\* the description in the order of tho Native Laud Court. The case agaiust I'uke was dismissed, as Htere was nothing to show that the other defendant was acting under his orders. Mr Cruiekshank, tor the defence, submitted that the information was had, in that it did not allege that plaintiff was acting under an order of the Native Land Court, as required by the Act. Mr Greshatn replied, and a long argument followed, and eventually His Wor.-hip said he would reserve bis decision. Mr Gresham slid he was instructed to apply for a nominal penalty only if the natives would promise not to obstruct atrain. Roth the defendants gave! the reuuiri d promise to the court. Poke was discharged, .and the I decision in .Mauri Oboohi/s ease was adjourned for a month.