THE APPEAL COURT.

Otago Daily Times, Issue 12393, 1 July 1902, Page 5

THE APPEAL COURT.

(Pin Unitbd Prkss Asioaufiokj WELLINGTON, June SO. The Court of Appeal was. opened to-daf, The following cases wero added to th* iisi:—Boulton v. Pcarcej three cue* from Gisborno. Againsf. the Assets Company . (Limited); Dillon v. MaeDonaldi and Kelly and others v. Bontinck. The cases of Livingstone v. Livingstone, and in ro Cole, deceased, were removed from the list, the first-named having been settled, and there' boing t, probability of the eottlement of ■ . tho other. ■ .1 ' The case of Hohepa Wi N«r» t Wlllk (Bishop of Wellington) and the, Solicitor- - , general is being argued. Thii is a further phase of the litigation in regard .to tin reservo at I'orirua for the purposes of.* Native , school or college. The r**erve wm 1 ceded by the Natives to the Crown and grantoa by the flrown to Bishop Stlwyn, for the abovo purposes. Owing to various circumstances no school or'college Wae ever' crefitod, and in the recent proceedings be< tween the Crown and the present trukaw, I of the reserve, the Court of Appeal decided that the Crown. grant became void owing to the failure, to carry out the trusti.udthat tho land and accumulated rent* abd, profit*. had reverted to the Crown. Plalntlf in tlw present action elaime to be the eUcocesor to' one of the Nativos who owned ana occupied the land at the time of its cession to the Crown in 1848, and wae signatory to the' deed of session. Plaintiff allegea the Cfowm grant to have been void from the outset, and claims possession of the land from the Crown on behalf of the successors of former Native ownera, and also claims the rente and - profits of tho land from the trustetawho have been administering it in the meantime. Certain isauos of law were ordered to be argued before the trial, and have been removed for argument into the Court pi Appeal, and it is these issues'of lrtrwkiclt'. are now before the court.