COMMISSION COURT.

Gisborne Standard and Cook County Gazette, Volume IV, Issue 471, 24 June 1890, Page 3

COMMISSION COURT.

The sittings of the Court were resumed yesterday morning, when His Honor Judge Edwards read a long written judgment in the Tokomaru case, dealing exhaustively with the complicated nature of the various Acts, and the mist of obscurity which clothed the most recent Act. There was, however, nothing new in the judgment which was evidently intended for the benefit of Parliament, there being again a complete exoneration of Mr Arthur, so far as any charges of unfairness were concerned. No order was made as to costs. In reply to Mr Howarth, His Honor said it was not for him to decide, but he supposed Mr Skeet would have no objection to one native moving in the Supreme Court, instead of the whole number being required to take action to decide the law point. WHASGABA BLOCS. This was an application from Mr Seymour, reprerented by Mr H. J. Finn. Mr W. L. Bses appeared for the native objectors. Mr Bees submitted that as Hie Honor had been interested in the esse, having appeared for the applicant in the Appeal and Supreme Courts.the case ought to be heard bv someotber Commiesioner. It would not be right in such a ease for the Court to assume power to give an absolute title under the Land Transfer Act.

His Honor said he had previously pointed out that it was impossible for them to give such a title. Mr Bees said if the Court so decided a certificate would be given. If a certificate was to be of no avail he submitted it should not be given at all. His Honor could not allow that to be dis—cussed, nor was Mr Bees entitled to anticipate any decision in that way, There was no similarity in the oases. This was a different case altogether, and all His Honor had to do in the Supreme and Appeal Courts was 0 argue on law points. If Mr Bees* objection .upheld the probability was that the Sfjflbnt could not get bis case heard at all. SVBees said another .Commissioner could be appointed, His Honor considered the Act would not allow that, and he put it to Mr Rees whether it would not be possible tor Mr Finn to comJel the Court to go on with the case. What id Mr Finn apply for? Mr Finn : We are applying for a report. His Honor: Not tor a certificate ? Mr Finn: No. His Honor said that would meet one of Mr Uses' objections. A certificate would certainly not be granted unless it was asked for, In any case no certificate would be granted until the Supreme Court had decided the point io the Tokomaru case, II the Commissioners sow refused to go into Whangara the pro. babilitywas that the decision could not be reviewed. It there was no doubt about their standing they ought not, on such grounds, to determine against the applicant. Mr Rees said as the application was only tor a report some portion of the objection was removed, but he would still urge that making a report to Parliament was for the purpose of leghUtion. His Honor said it was quite plain that if he personally had been interested in the case ha should not set as Commissioner in the case, but if such had been the position the point would not require to be raised, as he would have taken steps to relisve himself from the position, On Mr Bees saying he would not waive the point, His Honor said Mr Rees evidently desired to delay the prooceedings. Mr Rees said his desire was just in the opposite direotion, os he proposed to show. He asked that the point raised be interpreted for the benefit of the natives. His Honor not seeming to see sny necessity for this, Mr Rees said it was necessary to show his clients that he was carrying out his duty in the matter. w- His Honor said objection of the sort raised by Mr Rees was very painful to him, and ought not be lightly raised. If he thought his acting as Commissioner in the matter was inconsistent with public duty he should not have acted, bnt he did not tank so. The case must proceed. The Interpreter was then instructed to convey to the natives the point raised and the Court s ruling. Mr Bees made a statement concerning His Honor's statement that he appeared to desire delay. The land (some 21,000 acres of fine soil) was now us-’less to either Mr Seymour or the natives. The natives had for some Jime agreed to come to an equitable arrangement with Mr Seymour, giving him more than he would be entitled to legally. But through some fault on Mr Seymour’s side no settlement conld be arrived at. He knew the Commissioners had no absolute power in the matter, bnt ihe natives still desired an amicable settlement. His Honor said the case was a different one to the others. The Commissioners should like to see amicable settlements, but of course the case must be taken as it was. Mr Finn admitted all that Mr Bees said about the attempt to have an amicable settlement, bnt they considered ths demands of the natives so exorbitant that nothing could be done in the matter. Mr Bees said the natives had been and were

pilling to have the matter decided on an "equitable basis, leaving tbs decision to some independent persons or tribunal. He put it to Mr Seymour again now whether be should not try and come to some amicable arrangement, so that he could get at least an indefeasible title to some portion of the land. If he chose to go on in litigation which wan not to the interest of either party then of course there was no help for it. His Honor would be glad to see an amicable Settlement, but the Court had no power to compel the applicants to do anything in the matter. Jflt Finn pointed cut that the proposal asked submit to terms which could not be •Wpted. They would be very glad of a fair settlement. Mr Bees said that Mr Finn was under misapprehension in the matter. Their proposal was to have the thing amicably decided irrespective of all legal or other technicalities. He woold not have it said before this Commission or before Parliament that be had not done everything to try and come to an equitable settlement. His Honor offered to allow time for the to confer in the matter. Mr Finn said the proposals made in the letters were objectionable to his side. If they could come to a fair idea as to the area he would be perfectly agreeab'e. Mr Rees said those were just the terms of the proposal he madp. He was perfectly willing -4o deal liberally with Mr Seymour, and he believed after a few hours’ talk Mr Finn and he would agree in the matter. He was sure His Honor would say it was a reasonable offer, and unless there was some ulterior motive for fighting out the thing he believed they would arrive at a settlement. In reply to His Honor Mr Finn said he would be agreeable to an adjournment till 2 o’clock. He would like to have tbs correspondence there to read, showing the proposals previously made, HJs Honor said that really did not concern them at present. Where there was a possibility of amicable settlement nearly all tribunals thought it proper to offer facilities for it, and the Commissioners would be pleased to see a settlement in this case. Mr Seymour mutt have known his position before when terms Were offered and rsjeoted,’ and it was for his tide now to decide what course tfaey would take in regard io Mr Bees' proposal. The mm wm then adjourned until 2 O'clock. At 2 p.m, Mr Bees said that he and Mr Finn agree! to ask for a further adjournment until 11 this morning, by which time they hoped terms for a final ssttlement would be drawn op, agreed to, and-submitted to His Honor. The matter bad been diacuseed with Mr Finn, Mr Seymour, and the natives, and all parties seemed agreeable to the terms proposed. He foltAno doubt that an amicable settlement pould be arranged. Mr Finn affirmed that he wished the further aujourament on the grounds stated by Mr Bms. His Honor repeated that he would be very rteased to know that the case was amiMbly and would grant the adjournment. it taut not be understood by this that the adjournments could be ccntinuou. Rees Mid they wished .nothing of that