APPEAL COURT.

Gisborne Times, Volume VIII, Issue 482, 23 July 1902, Page 2

APPEAL COURT.

THE GISBORNE CASES.

(By Telegraph—Press Association.) ■Wellington, Inst night. In tho Court of Appeal Mr Rees con tinued his address upon tho facts in tho cases against the Assets Company, relating to tho title to No. 3 block. The title to this block was originally acquired, or alleged to have been acquired, from natives by the late Robert Cooper. The title is attacked on a number of grounds. It is alleged that the original investigation of native title was made without any nj proved plan being before tho Native Land Court as required by the Act of 1873, and tho order made for memorial of ownership was in eonsequenco invalid: tho sale to Cooper was made before issu< ot memorial o! ownership, and the order of freehold tenure mado in favor of Cooper purports to be in respect of land included in the order for memorial, but before issuo of any memorial. It is contended that tho order of freehold teuuro was, therefore, mado without jurisdiction, and was wholly void. It is further al-

leged that no enquiry into tho sale to Cooper was ever mado by the Native Land Court us required by the Act; that the deed of sale to him was not signed by many of tho native owners or by anyone authorised to sign for them, and that many of them never received tho purchase money alleged to have been paid them. On theso grounds it is also alleged that tho order of freehold tenure in favor of Cooper was mado without jurisdiction, and is void.

Mr Rocs, continuing his argument for the plaintiffs in tho cases of Mere Roihi and others v. Assets Company, and AYi l’ere and others v. Assets Company, submitted further that at the duto of tho deed of the solo of the Wuinguromia No. 3 to Mr Cooper and the date of the order of tho freehold tenure, the land was uudor a proclamation, having the effect of making all tho dealing otherwise than by tho Crown illegal. This he contended is further ground upon which tho Court must hold tho order in the freehold tenure m favor of Mr Cooper to bo wholly void. In tho subsequent proceedings he s.'-h----mitted that tho Native Land Court .nid itself treated tho order in tho freohold tenure as a nullity,having mado orders lot succession in tho favor of tho Natives, and also an order in favor of tho Government for certain portion of tho block claimed to have been acquired by tho Government from the Natives. An order of tho Nativo Land Court was also mado at tho sumo time in favor of tho Natives again ignoring the alleged order of tho freehold tenure previously made. Tho Assets Company had aftorwards in 1889 procured the issuo by Chief Judgo Macdonald, of a memorial of ownership and of a fresh order of freehold tenure endorsed upon this in favor of Mr Cooper. This, Mr Rees contended, tho Chief Judgo had no power whatever to do. Ho was still ud-d'-cßsing tho Court when it rose for tho day. _