AUCKLAND.

Thames Star, Volume X, Issue 3344, 10 September 1879, Page 2

AUCKLAND.

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This day. Hobn'i Graham and the Ctovem- . , meat. The Coaviction re Botorua Quashed.

At the Supreme Court to-day the case of E. Graham versus D. A. Tote was heard in Banco. This was an appeal from a decision in the Police Court bj two Justices on an information under section 165 of the Laud Act, 1877, and the provisions of (he Satire Land Purchase Act. The information charged the appellant with being unlawfully in occupation of lands at Kotorua district for purchase or acquisition of which money had been previously advanced by Government, and notification to that effect gazetted. The grounds of appeal were : —first, no evidence of signature by the Governor of* notification; second, the notification did not allege any pay* mont to natives or negotiations entered into. The evidence only shewed negotiations and payment for lease by Government ; four and five that being unlawfully in occupation was not an oftence under the statute relied on.

Judge Gillies, after reviewing other points, said the Act of 1878 did not render persons unlawfully occupying notified native lands liable to penalties to which unauthorised occupation of Crown lands is subject. If the Legislature in* tended to re-enact the IN alive Land Purchase ordinance more definite lan* guage ought to have been used. The appeal was allowed tnd conviction in the Court below quashed, costs being granted.