CO129-318 - Governor Sir Blake - 1903 [7-10] — Page 213

TITS 16018hos of the Land Jourt in tavbuf

have from time to time been improperly obtained.

The right of appeal which the Ordinance confers

is however a general one, and is not confined to those

cases in which the decision of the Land Court is believed to have been erroneous owing to the Court having been fraudu-

-lently imposed upon. There are other cases, apart from those

tainted with fraud, in which the decisions of the Land Court

Governor.

No.

do now and may hereafter so seriously and injuriously affect Blake Conf

public interests that it is not only expedient but imperative

to seek the opinion of the highest judicial authority on the

matter in question.

The right to appeal it will be observed must be ex- -ercised before the Governor grants a title to any person whose claim has been allowed by the Land Court.

When once a title has been granted there is no longer a right of

appeal. There is also no right of appeal from a decision of the

Land Court on a clain for compensation where the Governor re- -fuses under section 14 of the Land Court Ordinance, 1900, to -

grant a title and refers the claimant back to the Land Court for

compensation.

This Ordinance therefore does not in any way unsettle titles nor affect vested interests, though it has a retrospect- -ive effect in the sense that an appeal may be made against a - decision of the Land Court given prior to the passing of the Ordinance. There is, however, this limitation to the rights of

appeal in every case whether the decision of the Court has been

made before or after the passing of the Ordinance, that the ap- -peal must be made before the Governor grants a title under

section 14 of the Land Court Ordinance, 1900.

Henys. Bun

Attorney General.

211

DESPATCH.

C. O.

[REG 28 SEP 03]

LONG HO

35803

REC

No. 35 803

(Subject.)

New Territore's Land Court Amendt Orace

1903

20

so Aug

Last previous Paper.

states reasons

for introducing -:

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confidentially appross action reported here.

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as wall and the privati individuct, and the only questin is whether that vic, het stish made retrospective.

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retrospection right of appocal

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