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The Gisborne Times PUBLISHED EVERY MORNING. GISBORNE, JULY 1, 1901. VALIDATION COURT.

What Mr W. L. Roes terms “ a farreacliing judgment” and Mr C. A. DoLautour “a weight}' decision” was delivered by Ilis Honor Judgoßatham at the Validation Court ou Saturday morning. As tlio matter the judgment touches upon has a direct bearing upon the well-boing of this district, and indirectly upon the whole colony, wo deem it within our province to make a short reference to it as well as to the Ahilidation Court. As the judgment is likely to be appealed against, we must treat it in some respects as sub judico. The decision itself presents the unusual spectacle of a Court endeavouring to narrow its own jurisdiction, and in this connection is somewhat unique. It seems an anomaly that in no other part of the colony is there such a thing as a Validation Court. Such Courts have oxisted, performed their functions of validating titles, and died, and this seems to bo the loading idea in the judgmeut delivered on Saturday. It certainly seems to ns tlio most commonsense view of the easo, hut the legal view we shall get from the Appeal Court when the appeal is mado. It is to be lioped, however, that tlio matter will not bo decided on a technical point by tlio Appoal Court, or bo limited to the bare question of tlio jurisdiction of the Court to remove the caveat in question. Tliero is no doubt that the Validation Court must be a great expense to the colony, and wo anticipate that the decision will forcibly bring to the attention of the Government the necessity for Gome prompt action in the matter. Ono of three things should be done in connection with the trust estates ; they should be on a proper footing, taken over by the Government, or tlio trusts annulled. The ostensible reason for the existence of the trust estates is the protection of the natives and the settlement of their lands, and it can hardly be claimed that they liavo been successful, whatever the reasons may be. Whatever may be the decision of the Court of Appeal in regard to the point raised by His Honor Judge Batham on Saturday, there is still so much that is of an unsatisfactory | nature in connection with these [ matters that the early and earnest ■ attention of the Government is re- j quired. i

Permanent link to this item

https://paperspast.natlib.govt.nz/newspapers/GIST19010701.2.8

Bibliographic details

Gisborne Times, Volume V, Issue 145, 1 July 1901, Page 2

Word Count
402

The Gisborne Times PUBLISHED EVERY MORNING. GISBORNE, JULY 1, 1901. VALIDATION COURT. Gisborne Times, Volume V, Issue 145, 1 July 1901, Page 2

The Gisborne Times PUBLISHED EVERY MORNING. GISBORNE, JULY 1, 1901. VALIDATION COURT. Gisborne Times, Volume V, Issue 145, 1 July 1901, Page 2

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