COURT OF APPEAL

New Zealand Herald, Volume XXXIV, Issue 10901, 4 November 1898, Page 5

COURT OF APPEAL

[BY TELEGRAPH.—PRESS ASSOCIATION.] Wellington, Thursday. Tire caso, in re Land Transfer Act, in ro Jordan's application, was argued in the Court of Appeal to-day. It involved the question of tho right of tho applicant Jordan to have certain dealings with native land at Puketotara, near Now Plymouth, registered under the Land Transfer Act. The land in question was a native reserve, which, by virtue of tho Native Reserves Act, 1882, became vested in the Public In 1887 an Order-in-Council was made directing the Native Land Court to investigate and determine the ownership of the reserve in question, Pursuant to this tho Native Land Court held an inquiry and made an order that tho certificate of titlo should issue in the names of the natives found entitled. The Order-in-Council was ultra vires, so far as it purported to authorise the issue of a title to the natives themselves, and the order of the Native Land Court directing the certificate to issue in the names of the natives was void, the reserve being vested in the Public Trustee. The Governor's warrant was, however, issued for a certificate of title, and the certificate issued by the Land Transfer Office in the name of the natives. By the Native Reserves Act Amendment Act, 1895, it was declared that this and other similar certificates should not be deemed to have conferred on the natives the right of disposing of lands comprised therein, dispositions prior to the passing of the Act being, however, saved, The principal question involved in the case is whether the dealings entered into before the Act, but not completed by registration before the Act, are saved. Jordan's dealings are in this position, and the District Land Registrar at New Plymouth, refused to register them. Jordan sought an order to compel him to register. After the case was partly argued the Court intimated that it considered the proper course to take was that the Public Trustee should take action to prevent registration within a certain time, otherwise the registration to take place. Counsel intimated their concurrence in this suggestion, and tho case was adjourned for an order to that effect to be drawn up. Mr, Theo, Cooper appeared for Mr. Jordan, and T. S. Weston, jun., for the District Land Registrar. In the case of the Education. Board of Auckland v, Harden and others, judgment was reserved.