Validation Court Titles.
(To the Editor of Times.)
Sill, —Your leader this morning may, or may not, tako the correct view us to the lands mortgaged to the Bam?, viz., the Carroll and Wi Pere Trust Estate. But what about the numerous settlers who have taken lands from the Receiver on tho decrees of tho Court, who have tendered for land and became the lessees in good faith that tho Court could and would uphold its own domes, and who have cleared, fenced, built on and otherwise improved tho lands, and who can get 110 titles ? Ought not the Government to legislate if necessary to enable tho Validation Court to validate their titles ? Why, that was tho very object for which the Validation Court was first created, namely, to validate titles which were good in equity, but bad at law, or which were incapable of being perfected without tho aid of the Court. Would you dispossess such settlers, or would you recommend them to the Court of Appeal and plunge them into litigation ? Has not this continuous litigation been the -u-so and disgrace of Poverty Bay for the la ,: quarter of a century, and do you calmly suggest that tiie sottiers be left to litigation for ever '! I differ from you entirely. I think that if ever circumstances demanded and warranted tho interference and intervention of the Legislature to prevent litigation, then those aro they. If people are not safe in dealing with officials under tho
decrees of a Court and in honoring those decrees, in what are they safe ? That would moan a disregard of the decisions and orders of Courts and a resort to holding by forco that which one was justly and equitably (though perhaps not legally) entitled to.—l am, etc.,
Old Settler. [So far as the decision which “ Old Settler” refers to affects the blocks outside the Trust Estate, there can be little doubt that the Government would bo Compelled to do what is necessary to confirm the action of the Validation Court. Our article had relation simply to the Trust Estate of Messrs Carroll and Wi Pere, and wo still maintain that it would be in the interests of tho district for the Bank to exercise their powers of sale. There is little hope of tho Natives getting anything out of these particular lands. That being so, what have the local bodies to do with tho matter? Wc quite agreo with “Old Settlor” that this continuous litigation has been the curse of Poverty Bay, and wo are anxious to see the end of it.—Eli. 1
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Bibliographic details
Gisborne Times, Volume VI, Issue 152, 9 July 1901, Page 2
Word Count
430Validation Court Titles. Gisborne Times, Volume VI, Issue 152, 9 July 1901, Page 2
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