SUPREME COURT.

Wairarapa Daily Times, Volume XII, Issue 3878, 5 August 1891, Page 2

SUPREME COURT.

FaMan r- Oreytowa Borouj* Council. [By Telegraph.] Wellington, Wednesday. Argument iu the caße Fabian v. the Borough Council of Grey town was commenced in the Supreme Court this morning before Justices Prendergast and Richmond, Mr Gully appear* ing for the plaintiff and Mr Skerrett for the defendants, The plaintiff alleges he was owner of a piece of land at Grey town known as Powhata west j that lie caused it to he planted with treeß and sown with oats; that in February, 1890, the Borough Council broke down the fences and trespassed on the land, causing damage to crops wherefore he claimed £2OO damages* The Statement of defence is to the effect that the land in question was " native land ind was crown granted to certain Maories in 1869 ; that there after under the virtue of the pro* visions of the Native Laud Apt, 187$, and several Acts amending the same, the Governor took over that portion of land and laid it off as a road : the road was taken and laid off witjiin the time required by the said Aot, namely, fifteen ye-»rs. The question for the Court to consider k was whether the Governor had power under the Act above mentioned, and the several amending Acts, to take the Jand fr question at any time years from the date of the Crowslnnt in 1869.