COURT OF APPEAL.

Otago Daily Times, Issue 12394, 2 July 1902, Page 5

COURT OF APPEAL.

(Pen Unwed, Press Association.) WELLINGTON, July '1. In the Court- of Appeal argument was continued in the case of Holicpa Wi Mera v. tho Bishop of Wellington -and others, tho questions raised being in the nature of demurrers. Mr Gully, on behalf of the Solicitor-general, , argued that no'court can inquire iuto the 1 validity of a deed cf ceesion, and that both acceptance hy th-a Crown of ecision and the subsequent issue by it of a grant must bo acoeptod as conclusive that I ic Rj.tivn title had been finally - extinpushed. Messrs Quick and Harper, for the. defendant trustees, emphasisod tho distinction between the present and other cases that tho Crown grant in the present case was issued under the. prerogative of the Crown, and not under statute, and that the court cannot therefore inquit'e. into its validity. They also urged the defences of nu '• anll 4,10 Sta ' ute of Limit « tion > Mr Baldwin ■ then commenced his address on behalf of the plaintiff, contending'that tho defence of laches was not- open either to defendant's trustees or the . Argument for plaintiff \yas continued this afternoon. Mr Baldwin contended that the Treaty of Wailangi had recognised tho oeeupalioiiarv right? which the Natives had n"cnrdiii;j to tlie law of nations in the lands possessed by them at the date of thfc annexatiou of the colonythat tho royal instructions to Governors of the colony had continued aud confirmed these rights, and that no grant of land by* a'.Governor, in derogation of these rights could be considered as authorised by the Crown, or as a. grant ' made by tho Crown. Ho submitted,, therefore, that it was open to plaintiff iu tho .present suit to show' that the alleged .Crown grant was void from tho outset, as it was made without the knowledge or assent of the Nativo_ owners, and therefore contrary to tho royal instructions. .