More Info →10th March 1873

Description

Monday March 10th 1873

Place the Same

Present the Same

Mr. Cash said that his clients after careful consideration, of the terms of the judgment lately delivered have come to the conclusion, to appeal to the Governor in Council for a Re-hearing of the case.

Mr. Buckley on behalf of his clients applied for an Order in compliance with the judgment and asked for the Court to proceed and define the boundaries of the Blocks referred to in the judgment as Numbers 1 and 2 excepted from the Ngatiraukawa owners - and gives notice to the other side that he will do so.

Mr. Cash said that he could not see on what grounds Mr. Buckley made his application - as the desire of his clients is to reconsider the proceedings up to the present - and considers that the intimation he has made on behalf of his clients with reference to their intention to apply for _____ rehearing is sufficient ground for the Court to stay proceedings.

Mr. Buckley said that he would urge the Court to proceed and make an order - which is necessary before the Court can be affected by the intimation from the other side - as it is necessary that an order for the issue of a Certificate of Title shall be made before an application for rehearing can be entertained.

Mr. Cash said that the judgment defined that his clients with certain exceptions were ruled to have no title in the block and considers that he is now in a position to claim the right of delaying the proceedings - It is with the judgment already given that we take objection. If the Court will proceed as required by the other side his clients can take no part in the proceedings.

Mr. Buckley said he understood the judgment given to be a preliminary judgment and that an Order is necessary before the intimation can effect the progress of the Court and again gave notice that if the other side would not proceed with the definition of the boundary, he would.

The Court ruled that the claim has only been partly heard and that neither party is in a position to ask for rehearing and that it will now proceed to consider the definition of the boundaries of the blocks excepted.

Mr. Cash said that his instructions would allow him to proceed no further in the case - and that he supposed that the case of proc......... with would be in an ex parte m.........

The Court said that it might be advisable for Mr. Cash to consult with his clients as to the course they would pursue after the readings of the ........

Court adjourned until 10 am tomorrow to enable Mr. Cash to confer with his clients as to the ruling of the Court.

Identification

Date

March 10, 1873