THE COURT OF APPEAL.

New Zealand Herald, Volume XXIX, Issue 9040, 19 November 1892, Page 5

THE COURT OF APPEAL.

[by TELEGRAPH.—OWN correspondent.] Wellington, Friday. The Court of Appeal gave judgmont to-day in the case of the Whareama Block, the facta of which I have already wired. A part of the block had been granted to two natives jointly. One died in 1876, the other in the following year. The representatives of the first deceased applied to have their share of the land transferred to them under the 111 th section of the Native Lands Court Act. The Registrar refused on the ground that the effect was to make the two natives not joint tenants, but tenants in common, consequently the whole of the land became vested in the surviving tenant. Against this decision the representatives of the first deceased tenant appealed. The Chief Justice held that the Registrar rightly interpreted the statute. Justices Richmond, Williams, and Denniston held that this could not have been the intention of the Legislature, and allowed the appeal. The Court also gave judgment in the case "National Mortgage Co. v. Soott," which was one of considerable interest. The company put Scott on to a piece of rabbitinfeated land, paying the first half-year's rent. The Government sued Scott for arrears of rent and charges (£800). Scott was imprisoned under a judgment. Scott next sued the company for the amount and got judgment against the company. The company appealed. The Court of Appeal bold that to navo put Scott into occupation under the circumstances was against public policy, and the appeal was dismissed. Leave was given to appeal to the Privy Council, and stay of proceedings was granted on the company giving security. The Court adjourned till the 16th December, when judgment will be delivered in Isitt and others v. Quill (the Sydenham licensing case), and Stokes v. Davenport (patent lead-headed nail case).