COURT OF APPEAL.

Gisborne Times, Volume VI, Issue 160, 18 July 1901, Page 1

COURT OF APPEAL.

THE VALIDATION COURT. (By Telegraph—Press Association.) Wellington, last night. In the Appeal Court counsel intimated that they did not propose to ask the Court to sit specially to deal with tho questiou in regard to the jurisdiction of tho Validation Court, as it appeared that a decision on the main point could probably not bo obtained in the proceedings which had been commenced. The view was expressed, both from tho Bench and the Bar, that the matter could probably' be best tested by proceedings for mandamus. It appeared in tho course of the discussion that neither counsel for tho trustees nor counsel for the Bank of New Zealand was prepared to argue that the Validation Court has not jurisdiction to administer the trusts imposed as a condition to the validation of titles. Counsel concurred in arguing that the Validation Court has such

jurisdiction. It is probable that the question will bo raised in proceedings for a mandamus.

Several judgments were delivered by the Appeal Court to-day. In Rex v. Mabin, the Court was unanimous that the criminal code abolishes criminal libel, but an indictment would still lie under Lord Campbell's Act where it was proved that the libel was false to accused’s knowledge. Several of the Judges expressed a strong opinion that • the law required amendment.

In Macarthy v. Barnett tho Court was unanimous that the Hutt racccourso was a public course, and that the Racing Club could not excludo bookmakers or anyone else ; also that a lease held by the stewards from tho trustees is void, as contrary to trusts, and must bo delivered up to bo cancelled. Leave was obtained to appeal.

In Pollock v. tho Bank of New Zealand,

the Court decided that the hank was wrong in paying a post-dated cheque before its due date, as this payment caused other cheques to bo dishonored. Plaintiff »vas entitled to damages. In King v. Bannatyne and Co., the Court unanimously dismissed the appeal. No poll-tax was payable by tho master o£ a vessel in respect to a Chinese member of tho crew who lands without consent, the master’s remedy being recovery of the penalty from the Chinaman himself. As tho poll-tax was not paid voluntarily' in this case, it could be recovered from the Crown.

THE GISBORNE CASE,

(Special to Times.)

Wellington, last night. When the appeal from the Validation Court’s refusal of jurisdiction to deal with tho removal of caveat from the Tahora Block came before the Appeal Court today Messrs Rees and Roll, counsel for the parties, agreed that the removal of tho caveat was in itself a minor matter, and not worth creating an adjourned sitting of tho Court to deal with, as it did not dispose of tho much largor question involved.

Mr Bell stated that tho parties could not make a case on the larger question, as they were agreed, and there was no real plaintiff. The Chief Justice asked whether tho question could not bo raised by mandamus.

Counsel did not express any prospect of their acting on tho suggestion, and the case stands over till to-morrow, when tho Court will hear any motion that may be made.

Mr Bell stated that the question was whether the Validation Court should suspend administration of tho trusts which it itself had made )a condition of validation.

He did not think that Judge Batham would object to the Supremo Court dealing with the question of his jurisdiction, Mr ltees stated that the Validation Court had refused to remove the caveat and had refused to create a charge of sixteen hundred pounds on the land which was now being advertised for sale. It was a peculiar knot.