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New Zealand: Acts affecting Native Lands, 1886, 1888-91 and 1894-95

Appeal and Appellate Court

Appeal and Appellate Court.

38.Seal of Appellate Court. The seal now in use by the Appellate Court shall be and be deemed to have heen the proper seal of the said Court, and all documents sealed therewith shall be deemed to have been duly sealed.
39.Appeal may be with drawn. The appellant in any appeal now pending or hereafter to be instituted may, subject to any regulations under the Act, withdraw such appeal at any time before the hearing thereof.
40.Appeal may be dismissed by Native Land Court for nonpayment of deposit. It the appellant in any appeal now pending, or hereafter to be instituted, has or shall have failed to deposit with the Registrar the sum required to be deposited as security for costs under section eighty-five of the Act, or to pay any fees due and payable in respect of such appeal by virtue of any regulation under the Act, or under any Act thereby repeated, the Native Land Court may, on the application of the Registrar, dismiss such appeal; and such dismissal, if expressed to be made on the ground of such non-payment, shall take effect as if the decision appealed from had been affirmed by the Appellate Court Disoretionary powers. upon the hearing of such appeal: Provided that if it shall appear to the Court that the appellant is unable to pay the amount required, and that injustice may be done by the dismissal of such appeal unheard, the Court may remit such payment either wholly or in part, or make such ordcr in relation thereto as to the Court shall seem fit.page 9
41.The Appellate Court shall have the like powers with regard Appellate Court to have the like powers as Native Land Court in case of non-payment. to any appeal in case the required security has not been deposited, or in case of non-payment of fees, as are hereinbefore given to the Native Land Court in the like cases.
42.The Public Trustee may appeal against any decision of the Public Trustee may appeal from decision under section 50 of the Act. Court appointing any other person to be trustee for a minor, and the Chief Judge may in such case dispense with the requirements of section eighty-five of the Act.
43.The Chief Judge shall have power from time to time to Appellate Court: Provision for securing uniformity of decisions. refer to the Judges of the Appellate Court, severally or collectively, any question of Native custom, or of practice and procedure, which he may think necessary to have decided for the purpose of securing uniformity in the decisions of the Court; and the opinion of the majority of such Judges upon any question referred shall be binding upon the Court, and upon all the Judges thereof, and shall be followed in all subsequent decisions of the Court and of the Native Land Court.
44.The time within which a statement of the grounds of appeal Time within which statement of grounds of appeal to be lodged. may be lodged shall be two months from the date of the decision appealed from: Provided that the Chief Judge or the Court may at any time require an amended statement to be furnished.
45.When, by any regulation made or to be made under the Notice of appeal, time for giving. Act, public notice is required to be given of any decision, the time within which notice of appeal from such decision may be given shall run from the date of the publication of such notice.
46.The Appellate Court shall have power, in the exereise of Appellate Court may annul or vary decision. the jurisdiction conferred on it by the Act or by this Act, to annul or vary any decision of the Native Land Court or of a Judge thereof, and to give, or direct the Native Land Court to give, such other decision as to the first-mentioned Court shall seem just.
47.No appeal shall he from any order oi incorporation under No appeal in certain cases. section one hundred and twenty-two of the Act, nor from any order dismissing an appeal.