New Zealander, Rōrahi 2, Putanga 68, 19 Mahuru 1846, Page 2
Wednesday, Sept. 16, 1846. Before His Honor Chief Justice Martin. The Attorney General, v. Heale and Whitaker. This was a suit of Scire Facias, brought by the Attorney General against the defendants, for the
purpose of setting aside a Crown Grant, dated 3rd of September, 1845. The ground on which this proceeding was taken, was, that the Grant ■was contrary to the provisions of the " Australian Land Sales Act," 5&6 Vie. c. 36. The case came on for argument this day on demurrer. — The grounds the defendants went on were these : — I.— That the Lieut. Governor had no power to institute such a proceeding. 2. — That notwithstanding the "Austialian Land Sales Act," the Crown retained the power to exchange one piece of Land for another. And 3. — That the present case was within the exception of the 3rd clause. The Attorney General appeared on behalf of the Crown Mr. Whitaker and Mr. Merriman for the Defendants. The Court took time to consider, as, in a case of such importance, the Chief Justice wished to have a reply from Mr. Justice Chapman to a communication addressed to him, before giving judgement. We are unable to give a full report of (he arguments adduced on both sides — in our present number; but as the case is one of so much importance and general interest, i c purpose giving the argunientn at length in our next.