Appeal Court

Gisborne Times, Volume VIII, Issue 562, 4 November 1902, Page 3

Appeal Court

[By Telegraph—Bross Association.] Wellington, last night. * 1 n the Appeal Court to-day judgment was given in the ease of Brown v. Crowley. Tho Court was unanimously of tho opinion that tho appeal from tho order of the Chief Justice, striking out the amended plea of appellant should bo dismissed. Tho Court hold that tho issuo at the trial had been properly restricted to tho question of whether tho appellant had in i'a"t made tho chargo against respondent, alleged in tho respondent's statement of claim. If appellant had, in fact made a chargo of embezzlement and was’tin able to justify some other chargo 0 f irregularities in regard to which no complaint was mado by respondent. The appeal was dismissed with costs on the lowest scale, as from a distance. \ motion by defendant, Vigor Brown, for a new trial in tie same case (Crowley . Brown), on tho grounds of misdirection that tho damages awarded wero excessive and that the verdict was against the weight of evidence was also unanimously dismissed by the Court. Tho quostinn of costs of this motion was argued by counsel, and tho Court took further time to consider tho point. Judguiont was delivered in tho Appeal Court°iu tho caso of tho District Lknd Registrar of Auckland v. the Kauri Timber Company. Tho Court unanimously allowed the appeal with costs, aud ordered B caveat tc bo lodged by tho Registrar for protection of the interests of the Natives, £ho should remain on tho register until the Company should bring an action establishing its title to registration as owners in fee simple. Several members of the Bench expressed B n opinion that tho intoutiou of the instruments under which tho Company claims was that tne Company should have -isehold interest only for timber-cut-tin" purposes, and that tho Registrar sbiTuld consider this question and, if necessary, cancel the registration of the Company as owners in foo simple, under powers of correction of tho register given him by tho Land Transfer Act. The Appeal Court allowed tho appeal from the decision of tho Chief Justice in the caso of Saundors v. the District Land Registrar at Napier. Tho Court was unanimously of the opinion Judge Doomsten expressing some doubt, however, that -t'- whole of section 35 of tho Maori Land Administration Act, 1900, allowed the acquisition under that section of the title to the whole of any block of land, some of tho shares in which had been acquired by tho purchaser before the coming into force of the Act referred.to.