TAHORA APPEAL.

Gisborne Times, Volume VI, Issue 252, 1 November 1901, Page 3

TAHORA APPEAL.

By Telegraph—Press Association. Wellington, last night.

Judgment was delivered this afternoon in the Court of Appeal upon the appeal trom the decision of the Validation Court iu the ease in re Tahora.

The Chief Justice, in giving his decision, said that the question before the Court was simply whether the X alidation Court had jurisdiction to order the removal of a caveat lodged in the District Lands Registry. A large question had been argued whether the Validation Court had any jurisdiction whatever over lands brought before it after making its decree validating and settling the title thereto. His Honor expressed grave doubts whether the Court has any power to administer such lands after making its decree of validation. In any case there was nothing in the statures under winch the Validation Court was constituted giving it any power to order the removal of caveats entered in the Land Transfer Office. In His Honor’s opinion, the Court had not authority to deal with such a caveat. The appeal should therefore be dismissed. Justice Denniston said : that he had arrived at tiic same conclusion, lie did not think the Validation Court could issue orders binding the District Land Registrar. A certificate of title to the trustees had not been issued subject to any restriction or conditions. He did not think the statutes gave the Validation Court any power to administer trusts under its decree, and the parties could not by their consent give it any such jurisdiction. He agreed, therefore, that the appeal should be dismissed.

Mr Justice Conolly concurred in these views.

The decision of the Validation Court, declining jurisdiction, was therefore affirmed.