NATIVE LANDS.

Gisborne Times, Volume VI, Issue 153, 10 July 1901, Page 2

NATIVE LANDS.

BOROUGH COUNCIL AND VALIDATION COURT DECISION. At the meeting of the Borough Council last night the letter from Mr W. L. Rees ill regard to the trust estate and other lands was read, the Council being urged to make representation to Parliament in the nutter. Cr Lysnar moved : " That we respectfully request the Government to initiate such legislation as is necessary to make all orders and decrees of the Validation Court good and effectual for all intents and purposes whatever, and secondly that in relation to the trust estate of Carroll and Wi Pore this Council urges upon the Government the advisability of taking over all individual properties in which there is a substantial margin of value over liability, with a view, lirst of saving the

interests of the natives, and secondly of throwing their lands open for immediate settlement." In speaking to the motion Cr Lysnar explained that originally Judge Barton had strained the Act, and that lay Judges had followed in his steps, although at the time strong objection had been made by members of the Bar. However, die decrees were laid on the table of both 1 louses of Parliament ; if they were not removed by resolution they were to be taken as being confirmed by Parliament. That was the answer given by the Judges at the time. In some eases this position was forced on the parties, lie had done all that lie could for those he represented. Since then those judges had gone, and the decrees had come into the hands of Judge Batham, a skilled professional man. lie looked at the matter in a strictly legal way, and consequently had for a considerable time felt himself in a position of ! doubt as to the soundness of these doI trees. The matter had drifted on, the i Judge no doubt expecting matters to ! right themselves in some way, but at last i be had come face to face with the diffi- ! culty between the Bank and the beneti- | oiary trustees, and felt that he had no oilier alternative than to raise the question so that it might bo settled. The Council would be quite justified in asking Parliament to rectify what had been caused by their own Judges and Parliament. The Judge threw the responsibility upon Parliament. The question was whether Parliament, having allowed these decrees to be confirmed, would confirm what had been done under them, and put them beyond question. The first part of his motion was simply that these orders and decrees should be put beyond question. There was room for difference of opinion as to the second part of the motion, as to the trust of AVi Pore and Carroll, but though some blocks were hopelessly involved, others wore not, and they might put forward a plea to save them. Those j that were involved up to their values I might be sunk at once and sold, but tho others might be saved to the advantage of the Natives and the place generally. Or Whiiiray warmly supported the motion, which ho seconded. He urged that they should take any steps which might bring finality to litigation and get j the lands settled. It was the duty of the Council to urge on the Government to put ! an end to these difficulties in the way of I settlement.

Cr Bright said that a Chinese puzzle was simple compared with the different Acts that brought the Validation Court into existence and controlled it. If Government had done an injustice through a defective measure, that injustice should be put right. It seemed to him in regard to the property mortgaged to tho Bank that it would lie the best thing for tho district for the saio to go on and have the land put in the hands of those who would turn it to the benefit of the district. That, it seemed to him, would produce finality.

The Mayor and Cr Kennedy spoke in support of the motion. If there was a margin, the best thing would be fur the Government to take over the land. The motion was carried unanimously.