The Lord Chancellor. -

This is an appeal from an order and judgment of the Court of appeal of New Zealand, dated 22nd October 1938, which dismissed an appeal from the judgment of the Supreme Court of New Zealand (Smith J.), dated 2nd December 1937, whereby judgment was entered for the defendant, the present respondent board. The appellant is the Chief of the Ngatituwharetoa, a Maori tribe, whose members own lands in New Zealand, which were charged by virtue of S. 14, Native Purposes Act, 1935, with repayment to the respondent board of a portion of a sum of £23,500 which had been paid by the latter in terms of the said section to the Egmont Company Limited. The appellant instituted the present proceedings on behalf of the tribe and as representing the owners of the said lands against the respondent board in the Supreme Court of New Zealand. Section 14, Native Purposes Act, 1935, which replaced a substantially similar provision in S.10, New Zealand Finance Act, 1934-35, so far as here material, provided as follows :

14.-(1) The Aotea District Maori Land Board (hereinafter in this section referred to as the Board) is hereby authorized, empowered and directed to accept the offer of the E