SUPREME COURT.

Dominion, Volume 1, Issue 20, 18 October 1907, Page 5

SUPREME COURT.

This, .morning, at 10 o'clock, Mr. Justice Cooper 'will pass sentence on Hare Tairei, October .11, pleaded • guilty at' lVanganui't-'? forgery. : - On Tuesday morning, : at 10 o'clock, Mr. Justice Cooper will pass sontence on Harry Toom, who, on, October 15/, pleaded guilty at Pahiatua , to, forgery, and littering. - TE.ARO RECLAMATION. J C. • JUDGMENT FOR THE CROWN. . 'His-! Honour'Mr; "-'Justice Cooper delivered reserved-judgment yesterday afternoon in the case of the King versus Tho I'uketapu Saw(milling- Company, substituted defendants for .Halley and Ewing, the original defendants. This -was an action brought by tho Crown ,to recover possession of two pieces of land, included in tho To Aro reclamation, and situated ' botween high .and low r.water marks, and between tho old Maori Pah at! To Aro and Victoria'Street;'Originally, tho action was. brought' against Halley. and 'Ewing, but this firm, on : May 1, 1806, delivered possession of the land, which contains nearly nirio. perches,' to tho Company.' The ' hearing' of . tho case (which-was. taken at the beginning of last 'month) .-occupied soven' : days. , . ' ' The' case for' the Crown was that the lands claimed w'ero Crown Lands or Demesne Lands of the Crown,' and ; that : they had never been granted :by the < Crown to' any person. If defendants fiver had, any right, title, orj license to;'. 1 or ; in" respect' of, the lands,_ such right; title, or license had, it was submitted,, become', forfeited arid cancelled, and the ■ Crown-' was' now entitled to possession. Mesne-profits were also' sought to be reeovered.' : ''-. ' ••.' For the defendants it' was denied that they were in unlalwful possessioniof .thelands., it was further sbt 'up ' that the lands wero includedv'iri a Crown Grant, 'dated June 24, 1874,'' in favour of the Corporation of Wellington, -'and thatj if tho lands were-not so , granted,' that' they became vested iii the Corporation by virtu'o''6f'tho provisions of the ,xe Aro Reclamation Act,. 1879. Alternatively, that, if, tho lands were not so granted, the Corporation reclaimed them from the sea, /and purported-to transfer thom to one Free'-' man, .the original defendants'- predecessor in title,- and'that -the-Crown, having stood by and permitted that-to bo done, estopped' from.now' settings up. a' title to them.' In the ..further alternative;' •the' defendants relied upon a grant)' to the Natives, which,' they said, gave the'grantees a water frontage to" Lambtori Harbour'and'a certificate of'title under ' tho Land Transfer 'Act;' iii' which the ; same frontage was/they said; given; .and.that they derived - title through this grant .'and' 1 certi-ficateji-and'-thoy claimed' that, if the lands ' had' neverV'been'i' alienated- by the'- Crown, .then,- as' the ! effect of the Te' Aro Reclamation was'to'shift-the line or'water frontage further*'.into'-the harbour, the; defendants were entitled to'a' periietual-right'of passage 1 ' to the water'oyer the land reclaimed from the sea, and,, therefore," over the land now claimed by the Crown. • ' ' After reviewing ,the several points brought forward by the' defence, His Honour held that the v claimed had never been granted -by the Crown and ' that the- defendants had:no'titlo to' them.; : ' As the Crowif had not, he-said, been'out' of .possession'of 'these : pieces" 1 of-"land;- fo'r ' the 'period' necessary to . bar the right of .His Majesty to. ! maint'am : the action, 'the plaintiff ' was •' entitled to -'judg- . ment for ; possession. . Tho question of costs was held over until the question-of mesne profits'has been'settled. :-. •• ' 1 ;.- i■■ ' Mr.' Myers /(who with Mr. Fell appeared for the CrowflJ mentioned. that tho Governmerit' <valuatj6n'sof the' land 1 iri; question : was £720, and that. the amount'of the claim for 'meshe • profits Would,-" probably, be '£168. 1 ' Mr.'- repre- 1 1 sented the." defendants);;' His • i Honoui"''said that, > in ,his-'opinion; '-it i; could'-n6t; by''.any 1 stretch-of 'the'-imagination; be. suggested that 1 the land iri '.Question was Native land'; within' l] thfe mfeaning-of- The 'Native'Land'Act/ Fore- I shore'lands ''were; !: h'o''.s'aid;\the v nroperty v bf .the King. - '-" 1 -'".' -i'''"' '. ! The' Court then adjourned. ": ;1 j ;•]