SUPREME COURT SITTINGS, Monday, 16th March, 1846.

New Zealand Spectator and Cook's Strait Guardian, Volume II, Issue 76, 21 March 1846, Page 3

SUPREME COURT SITTINGS, Monday, 16th March, 1846.

Before hh Honor Mr. Justice Chapman and a Special Jury. Scott v. Grace. Mr. Hanson for plaintiff; Mr. Brandon for the defendant. Mr. Hanson stated that this was an action to recover possession of land on Lambton Quay, in Wellington, under a Grant from the Crown, and as the circumstances of the case were well known to the Jury he should not state them, and in support of the plaintiffs case he should put in evidence strictly of a legal nature and should merely put in the Grant, and prove that the land in question was included therein. The Grant from the Crown to Mr. David Scott was put in and read. Mr. Hanson having called Mr. Robert Park on his subpoena called Henry John Cridland, Architect and Civil Engineer, whostated thatheknewKnmutoto creek, and the piece of ground on Lambton Quay, formerly in the occupation of the defendant, that it was situated on the north side of Kumutoto creek and within 400 feet therefrom, and was between that creek and the next creek falling info the harbour. The plan on the Grant included the piece of ground, and it contains less than } of an acre; it contains 46 feet frontage measuring along the beach ; but measuring along the front of the house it is only 39 feet 7 inches. Cross-examined by Mr. Brandon. _ — Had measured the whole line of the pieoe^ of ground, included in the grant, along highwater mark to the second creek from Kumutoto creek; I particularly measured the piece from Kumutoto to the first creek; I made the boundary from Kumutoto to the second creek 684 feet on tne western boundary along: Lambton Quay; along the high-water mark there it measured 688 feet 7 inches; I did not measure up the second creek; I measured the back line from Kumutoto to the first creek therefrom along the Wellington terrace road ; to the centre of Kumutoto creek it was 320 feet ; down Kumutoto creek I measured 215 feet; thi9 was not down to high-water mark ; I did not measure down to bijfh-water mark, it might be 40 feet more ; I have read the description of the deed and I consider the piece of ground commences about 40 feet from the 2d creek to Kumutoto creek, and along Wellington terrace ; I cannot speak as to the exact distance fromKumutoto creek to the second creek, there being great difficulty in measuring it ; there is no pa on the north side of Kumutoto creek; I arrived in the colony in Sept., 1843; the measurement I have given includes the piece of ground between Kumutoto stream and Mi. Grace's in the occupation of the natives ; such piece of ground has a frontage of about 50 feet, and being deducted would leave a frontage of 305 feet to the end of Johnson & Moore's ; I should say that the plan and description in the body of the Grant d.o not agree; there is no stream along the western boundary now ; the northern boundary would, according to the measurements by feet, be abont 40 feet this side the second creek. Re-examined by Mr. Hanson — witness stated that Grace's .premises were between high-water mark and the western boundary ; between Ku • mutoto creek and the next creek to the northward, and was within 20f) feet from high-water mark, and within 400 feet from Kumutoto creek measuring northward, and that the premises in question were certainly within the Grant. Jamet Wilton, builder, proved the value of the premises to be £25 per annum. This being the plaintiff's case, Mr. Brandon submitted there was nothing to go to the Jury, and contended that as the Grant contained a recital of a claim made by Mr. Scott, and the report of the Commissioner thereon, that the plaintiff was bound to produce the documents in support of such recital, and that the plaintiff should also have produced his purchase deed from the natives, the Grant under the Ordinance being only a confirmation of a prior purchase, and that such purchase deed was part and portion of the plaintiff's title. His Honor overruled such objection, and thought that the plaintiff was not bound to produce either the claim or the Commissioner's report thereon ; but that the defendant was bound to shew that the recital was incorrect, and if there was any evidence, which would strengthen his case or disprove the plaintiff's the defendant should produce such evidence. Mr. Bramdon then objected td the legality of th» Grant.

His Honor stated that it became him to consider the effect of the Grant with respect to the Land Claims Ordinance. His Honor then read the 7th section of that Ordinance, and also the Land Claims Amendment Ordinance, and stated that the point which the Court had to determine was, whether the plaintiff should he non-suited on the Grant then produced. His Honor referred to the case of Glanstanes v. Earl of Sandwich, 4 Man. & Gr. 995, from which it appeared that Grants from the Crown were avoided on three grounds, vie — 1. — Where the King's Grant professes to give a greater estate than the King has. 2. — Where the King has granted the whole or part to another, in which case the second Grant would work injustice or, at all events, great inconvenience. And 3.— Where the King has been deceived in his Granl. That there was no express direction in the Land Claims Ordinance to deprive the Crown from making a Grant; but he had to consider whether there was such an illegal report of the Commissioner as would amount to the Crown being deceived in the Grant. His Honor then referred to the power of the Commissioners under the Ordinance. — and stated that on the 27th Aug., JB4l, the township of Wellington having been proclaimed, and being a town, there was no discretion in the Commissioner, who should have reported that Mr. Scott had purchased land included in such town, and that the consideration was so much, and have recommended a Grant of land elsewhere in compensation His Honor thought the discretion under the Ordinance amounted to an imperative duty in the C mmissioner, and that he should not have recommended a Grant of land included in the town; it therefore appeared to him, according to the construction of the Ordinance, that the Crown had been deceived in making the Grant, and his Honor stated that had the Crown mistaken the law it would not avoid the Grant, but being deceived in the law the Grant was avoided ; he thought that by Commissioner Spain's report the Crown was deceived, and that the Grant was void. Tlie plaintiff was therefore non-suited. Mr. Hanson, in very warm language, protested against the unfairness of this decision, but was severely reprimanded by his Honor, who observed that it was highly indecent for any advocate to impugn the decision of the Court in such intemperate language, but that it was srill more indecent in him who, as Crown Solicitor and as a Government officer, was bound to set an example, and pay due respect to the decisions of the Court. In the other cases of Scott v Moore, Same v. Samuel, Same v. Brown, the plaintiff withdrew the records.

By the Levin cutter intellisence was received of the safe arrival of the Mary Catherine at Otakou on the 23d February, with the New Zealand Company's surveying staff. In the early part of February the following ships were lying at the same time in Otakou Harbour : — Tlie American whalers Jefferson, Heroine, Magnola, and Julius Ceesar, the Dutch whaler Alexander Barclay t the Russian whaler Rica, the Dutch brig Airon, and the Scotia. The whalers were mostly of about 400 tons burthen. The Jefferson and Alexander Barclay were each 600 tons, the latter drawing 1 7 feet water From its proximity to the whaling grounds, Otakou is likely to become a favourite resort of the whalers to the southward.

We have received the following communication by the Katherine Johnstone : Wanganui, Apiil 10, 1846. Several robberies have lately been committed in the town by maorie3 ; one about a week since was of a daring character. During the absence of the occupier, his house was broken into in the day time, and property to the value of twenty pounds stolen. We hear by recent arrivals that a collision is likely to take place at the Hutt, between the troops and the natives. This news has caused great excitement among a number of natives of notoriously bad character who infest the town, and are connected with £ Muka's party, and they have accordingly been very troublesome. I am happy to say, however, that the natives at the missionary pa, Potiki Ware Nui, are very friendly and peaceable. A messenger from Rangihaeata arrived yesterday, and proceeded up the river for the purpose of collecting forces for his employer's service. Thisnative.in a confidential communication he had with a chief friendly to us, related a plot concocted by Rangihaeata, E Horo and others, to assassinate the Gorernor and destroy the town of Wellington. Their plans were stated to be as follows ; — that in the event of a collision, if they find they were likely to getwqrsted, they will make submission, beg a conference with his Excellency, attempt his life by means of the tomahawk, and immediately take to the bush ; while this is doing, a party of natives, stationed for the purpose, were to fire the town and massacre all they could reach. Another plan spoken of was, — to get up a war dance for the amusement of the military, and if they found them off their guard, to fall on them. It was remarked by the native that the attack on the town could be easily made, because all the soldiers were daily marched to the Hutt. Is this the case ? If so, you will perceive some reality about the story. It was also stated that in the former visits of his Excellency to these natives, several have been prepared to shoot him. I have not time to make any further comment on this diabolical business further than that I firmly believe in the truth of it. The friendly chief to whom it was related was evidently deeply impressed with the same feeling. How far opportunity may occur to admit of the details being put into excution you at Wellington know best I should have started for Wellington this day, in order to convey the above information, but that I was assured 'a strict blockade is enforced by Rangrihpeata. I have, however, recommended Mr. , who understands the native language better than I do, to reduce to writing the chiefs statement, and forward it to Major

Richmond by the JDttkerine Joknstont. Rangihaeata is reported to have said that his system of warfare is different from Heki'i, that treachery and cunning form his policy.

We extract the following letter from the New Zealander, giving an account of the wreck of the Hannah, which left this port for Sydney three months ago. The unfortunate vessel must have been dismasted in a gale, and must have been for some time drifting at sea, until driven ashore on the western coast, near the North Cape, as she was covered with barnacles. All on board appear to have per-, ished. Kaitaia, January 28, 1846. Dear Sir,— lt is with much pain I communicate to you the intelligence of the wreck of a brig or schooner, having been washed on shore, with four bodies of adults on board, and part of the hand of a boy. The cargo consisted of oil, candles, a lew tons New Zealand flax, and a great quantity of staves, all in the rough. It appears, that some time ago, she must have been dismasted, and perhaps at that time sustained some injury, to cause her to sink to the water's edge, as she is covered with barnacles three inches long. I examined all the planks and boards along the beach for several miles, for the name, but could not find it. I got one shirt, and the remnant of another, with the names cf two of the people on board, which I forward to you, which may lead to the discovery of this ill-fated vessel. One is marked *T. P. Sutton,' the other, ' Edward Bryans, Ireland.' She is evidently a Sydney vessel, from ' Dawson, Sydney,* being cast on the windlass pawls. On my first arrival on the spot, I asked the natives if they had found the name of the vessel, they said no, — but there was a name on one of the arms of the crew. I therefore caused them to be disinterred, to ascertain ; but they were in such a putrid state, I could not make out any particular marks. I only heard the melancholy news last evening, and was on the spot by 9 o'clock this morning. I send this to you, as there is no opportunity of sending to Auckland, that I may be relieved from the great anxiety I feel ; I hope you will endeavour to ascertain as soon as possible, all particulars respecting her, and also what is to be done with the oil and candles. There are about 100 casks of oil, sound and unsound, great quantities of the candles are all broken to bits, strewed along the beach, in the breaking up of the vessel by the heavy surf. I brought away the figure-head, which is a lady, but shall not be able to send it, as it is some weight to carry, so far over as the Maria, which is at Taipa. The news I have communicated will be quite enough to cause a stir, which I hope will lead to a discovery. The length of the vessel is 74 feet, beam 19 feet, and about tJ feet hold ; she is painted black with a red ribband. Ido not think the oii can be got off without great risk, it being nine miles away from any anchorage. I hope to-morrdVr to find borne papers among the natives of Ahipaia. I remain your's, &c, &c, W. G. PUCKEY. J. R. Clendon, Esq., Kororarika, Bay of Islands.