Mosher, of the steamer Nooau, who brought the positive news here from Hawaii of the outbreak of the summit volcano, saw the reflection of volcanic fir© on the night of June 4- as his vessel lay at anchor at Waipio. He supposed at that time that the reflection came from Kila/uea, but subsequent advices show that it came from Mokuaweoweo. The last outbreak of Mokuaweoweo occurred in April, 1896. A peculiar feature of the present eruption of Kilauea lies in the foot that the smoke and. steam continue as'the lava flows down the sides of Halemaumau. Ordinarily, di rectly the lava makes its appearance the crater becomes clear.

THE APPEAL COURT.

[j3T TELEGRAPH. —PRESS ASSOCIATION.] Welli n&tojst, Tuesday. In the Court of Appeal argument whs con tinued to-day in the ease ot Net £*' v. the Bishop of Wellington and others. The questions raised were in the nature of de murrers. Mr. Gully, on behalf of the Soli citor-General, argued that no Court could inquire into the validity of the deed of ces sion, and that both the acceptance by the Crown of the cession and the subsequent issue by it of the grant must be accepted as conclusive that the native title had been finally extinguished. Mr. Quick and Mr. Harper, for the defendant trustees, em phasised the distinction, between) the presort and other cases, and that the Crown grant in the present case had been issued under the prerogative of the Crown, and not undei statute, and that the Court cannot therefore inquire into its validity. They also urged the defences of laches, and the statute of limitations. Mr. Baldwin then commenced his address on behalf of the plaintiff, con tending that the defence of laches was not opew either to defendant, trustees, or the CroWn; that the Treaty of Waitangi re cognised occupationary rights which the natives had according to the law of nations in the lands possessed by them at the date of the annexation of the colony; that the Royal instructions to the Governors o: the colony had continued and confirmee these rights; and that no grant of lane by a Governor in derogation of these right; could be considered as authorised by tin Crown or as a grant made by the Crown He submitted, therefore, that it was opei to the plaintiff in the present suit, to sho\ that the alleged Crown grant was you from the outset, as made without th< knowledge or assent of the native owners and therefore contrary to the Royal in structions. *

To-day Messrs. Baker t Brothers will sell < property on the main road, Mount Albert by order of the Registry of the Supreme Court?..