APPEAL COURT.

Gisborne Times, Volume V, Issue 73, 29 March 1901, Page 2

APPEAL COURT.

INTERESTING CASES. [By Telegraph—Press Association.] Wellington, last night, Argument concluded and judgment was reserved in the ease Union Steamship Company v. Jakius and Bower in the Court of Appeal this afternoon. The case of the Solicitor-General v. Wallis aud others is now being argued. This is a case in which a decree was some time ago made by tho Chief Justico and Mr Justice Edwards for administration of “ cypres,” of the trust of land near Porirua, ceded by the natives and granted by the Crown many years ago for the purposes of a native school at Porirua. Owing originally to the decrease of native population in the neighbourhood no school was ever established. A fund of about £7OOO has now accumulated from rents of tho land. The trustees applied to the Supremo Court for approval of a scheme of administration of the land and fund on the ground that tho original trust could not bo carried out, owing to tho decrease of the native population in Porirua district. The scheme proposed by the trustees was resisted by the Solicitor-General on behalf of the Crown, but the Chief Justice and Mr Justice Edwards approved of the variation of the same, and made a decree for administration of “ cypres.” Under the decree so made, the income from the lands and tho accumulated fund were directed to be applied to tho maintenance and education of the Maori pupils at a Native school about to be established in tho Wairarapa under a similar trust, preference to be given to Natives from the West Coast of the North Island, and especially to Natives of tho Ngatitoa tribe, by whom the land at Porirua was originally ceded. The Solicitor-General appeals against this decision on the ground no case lias been made out for administration “ cypres ” by the Court, and that the matter should be left to the Crown as grantor of land, and also on the ground that in any case money should not bo diverted to the Wairarapa school. Messrs H. D. Bell and Myers are appearing for the Solicitor-General, and Messrs Quick and Tolliurst for the Trustees.

The case is being argued before Judges Williams, Dcnniston, Couolly, aud Cooper.