APPEAL COURT.

Gisborne Times, Volume VI, Issue 158, 16 July 1901, Page 2

APPEAL COURT.

TIIE GISBORNE CASES. By Telegraph—Press Association. Wellington, last night. The Court of Appeal sat this afternoon, when the case of in re Tahora No. 2, C 3, Section 2 was called. This is an appeal from tho recent decision of Judge Batham, sitting as a Validation .Court at Gisborne, in which that Judge held that the jurisdiction of the Validation Court in respect of any land ceases when it has validated the title to the land, and that it has not afterwards any powers over the land. The caso before Judge Batham was ono in which Messrs Carroll, Wi Pere, and I’eka Kcrekcrc, as trustees of tho above land, applied to the Validation Court to remove tho caveat against the land lodged by the Bank of Now Zealand. Judge Batham dismissed the summons, holding that ho had no jurisdiction. Messrs Reos and J. J. P. Campbell appeared this afternoon in support of the appeal. Mr H. D. Bell, for the Bank of New Zealand, moved to strike out tho appeal on the ground that the time allowed for stating an appeal by Section 21 of the Nativo Land Validation of Titles Act, 1893, had not yet expired, and that until then the Court of Appeal had no jurisdiction. Tho bank objected to dealing with the matter hurriedly. The Court was unanimously of tho opinion that it had not yet acquired jurisdiction, but after considerable discussion it was intimated that if the parties made a joint application, the matter being of great public urgency, the Court would adjourn for fourteen days in order to allow the case to be brought before it in a proper form. The case is to bo mentioned again on Wednesday, to which day the Court was adjourned for tho delivery of judgments. (Special to Times.) Wellington, last night. The ease relating to the Tahora Block, No. 2 c 3, Section 2, involving the question of the jurisdiction of the Validation Court, came before the Court of Appeal this afternoon.

Mr H. D. Bell said that he appeared first in support of the motion to striko out the appeal, but if unsuccessful in that ho would appear as representing the Bank of New Zealand. Mr W. L. Rees addressed the Court on behalf of the appellants, in support of the jurisdiction of the Validation Court, stating that there was no conflict between the bank and appellants. Tho judgment of tho Court with respect to these mortgaged trust properties was a far-reaching one, and he asked that it be treated as a matter of public urgency,

The Chief Justice said that the fourteen days allowed under the Native Land Validation of Titles Act within which to agree on a special oase had not expirod, and until such case had boon agreod upon, or until after the expiry of fourteen days after the Validation Court had furnished papers, the Court of Appeal was not seized of the matter. He suggested that a modus vivendi be arrived at between the parties, and that they agree to an adjourned sitting of the Court after tho expiry of the fourteen days to allow tho case to be argued. The parties decided to confer and to notify the Court if they can agree to an adjourned sitting as suggested.