THE APPEAL COURT.

Otago Daily Times, Issue 9564, 21 October 1892, Page 2

THE APPEAL COURT.

(Pun United Peess Association.)

Wellington, October 20,

Tbe haif-yearly sitting of the Appeal Court | began this morning. The first case argued was j the appeal from the Chief Justice in re the Whareama Block. The questions raised were: (1) Whether a certain grant to two Natives is a grant to the two expressly as joint tenants within the meaning of section 4- of the " Native Grantees Act 1874-" ? (2) Whether, supposing the grant to have created a joint tenancy, section 3 of the "Native Land Act 1886" has the effect of retrospectively converting it into a tenancy in common ? The Chief Justice decided both questions in the affirmative. The apr pellant appeals from the decision on the second question, the respondent appealing from the decision on the first. Blr H. D. Bell for ax)pellant, Mr Chapman for respondent. After argument, judgment was reserved.

Argument was commenced in the case of Piripi te Slaori v. Stewart and others. This is also an appeal from the Chief Justice, and is from a decision of his given upon an appeal from the Trust Commissioner. The Trust Commissioner had refused his certificate in respect of a deed executed in 1885, by which certain Natives gave timber rights to Messrs Stewart and Co ,of Wellington, over the Moiki block, Wa.ira.rapa district, on the ground that the statement of the contents of deed had not been endorsed on the deed until after its execution by the Natives. The Chief Justice allawed the appeal from the Trust Commis-

siouer, holding that prior to 1888 it was sum-

cient for such a statement to be endorsed after execution. The present appeal is from this decision. Mr Bell appeared for appellant, Mr Hutchen for respondent. Mr Hutchen raised a preliminary objection that the appeal ought to have been commenced within 30 days from the date of the decision, under rule 9 of tke Court of Appeal rules, an application to a Trust Commissioner nob being an action. The court held the objection well founded, but on the applicatiou of Mr Bell, under the special circumstances [of the case, the point being a new one and no injury having been done, the time for appeal was extended, and leave given to proceed with the appeal. Argument will be taken to-mor-row.