Request for proposed transfer of a portion of the Native Reserve of Malapoa for construction of a road [1962] VUNHJC 1 (9 January 1962)

9th. January, 1962.

IN THE JOINT COURT OF THE NEW HEBRIDES.

THE JOINT COURT:

CONSIDERING the aforesaid request and the grounds therefor;

AND WHEREAS the proposed transfer of a portion of the native Reserve is in the public interest;

AND WHEREAS the interests of the natives are safeguarded, the proposed compensation in exchange for the said portion being reasonable;

AND CONSIDERING Article 27 paragraph H of the Protocol of 6th. August, 1914;

AUTHORIZES the transfer of a portion hereafter described of the Native Reserve created by judgment No. 57 of the 24th January, 1930 for the benefit of the natives of FILA ISLAND and registered at the Land Titles Office under No. 57 G.

DESCRIPTION OF BOUNDARIES.

Commencing at point No. K 6183 position 13949.07 metres North and 19029.76 metres East, thence a straight line bearing 347o50'08" for 29.73 metres to point No. B. 6183, thence a curved line measuring 140.50 metres, running in a northerly direction to point No. B 6182, thence a straight line bearing 95o31'40" for 1o.00 metres to point no. C 6182, thence a curved line measuring 111.84 metres running in a southerly direction to point No. E. 6183, thence a curved line measuring l8.62 metres running in an easterly direction to point No. F. 6183, thence a straight line bearing 64o27'45" for 15.83 metres to point No. G. 6183, thence a curved line measuring 66.87 metres running in a south westerly direction to the point of commencement and containing an area of 0ha. 17 a. 18ca. 10dm2 a little more or less. On accompanying plan the boundaries are more particularly delineated and edged red.

MODIFIES in consequence the decision creating the said Reserve and the last paragraph of the description of the boundaries given in the said judgment No. 57 becoming:

"But whereas it is shown be the plan that the Native Reserve is crossed from South to North in its eastern part, by the road from VILA to MELE serving all the Plantations situated along its course, it is therefore necessary to exclude from the registration of the land reserved for natives the surface of the said road, that is 1ha. 38a. 58ca. 10dm2, which reduces the surface to be registered to 287ha. 34a. 68ca. 90dm2".

REJECTS the rest of the request, the Joint Administration not being called upon to discuss with both parties its alleged obligation to pay the sum of £.A. 115. claimed in the name of the native parties.

GIVEN in Chambers the 9th day of January, 1962, there being present;

	James P. TRAINOR,	British Judge	)
	Georges GUESDON	French Judge	)	President
assisted by	Mr. E. BUTERI,	Registrar