THE APPEAL COURT.

Auckland Star, Volume XXXIII, Issue 243, 13 October 1902, Page 2

THE APPEAL COURT.

(By Telegraph.—Press Association.)

WELLINGTON, this day.

In the Appeal Court to-day the hearing of argument in the case Bamford v. Kauri Timber Co., Ltd., was proceeded with. The appellant is the District Land Registrar at Auckland, and he appeals against the decision of Judge Conoily ordering the removal of a caveat lodged by him for the protection of certain interests. The land in question was owned by certain natives, >and a certificate of title was issued in favour of the natives in 1805, with a clause antevesting the title to 1575. Prior to this the natives had executed conveyances to the Union Sash and Door Company, and that com. pany had executed a deed of covenant with the natives by which it covenanted to reconvcy the land without payment at the expiration of 00 years sooner, if the whole of the kauri timber should have been cut sooner. On the issue of a certificate of title in favour of the natives the. prior conveyance by them to the Union Sash and Door Company, and the subsequent transfer ;by that company to the respondent Kauri Timber Company were registered against it, and the certificate of title is now held by the respondent company. The District' Land Registrar then lodged a caveat for the protection of the interests of the natives under the deed of covenant. The respondent company applied to the Supreme Court to order the removal of the caveat, and Judge Conolly ordered its removal on the ground that the deed of covenant was void as being a breach of the rule against perpetuities. The District Land Registrar now appeals against this decision. Mr. Gully is appearing for the appellant, and Mr. 11. Campbell for the respondent company. The Chief Justice and Justices Williams, Denniston, Edwards and Cooper are on fhe Bench.

KAURI TIMBER COMPANY.