COURT OF APPEAL.

Evening Star, Issue 3985, 2 December 1875, Page 3

COURT OF APPEAL.

[By Telegraph.] , Wellington, December 2.. In tue Court of Appeal this morning judgment was given ;n Mormon v. Pearson (Southland waste lands case) The Chief Justice, bet ro rcaiiing h's judgment, explained lbat.it ■was Lis own, and that Judge (I ill its agreed wuh ill-; other judgment, which would be read by_ Judge Williams. Upon some points the opinion of tne Chief Justice was in favor of appellant, but the Court held that tho Southland Waste Lands Act Amendment Act, 1873 was intended m apply to waste lamb of the 1 Town although in the occupation of holders of pasturage licenses, and ( hief Justice I’rendeivast dissenting) that the power of tho Superintendent to sei- aside lands for sale ou_ deferred payments had b en duly exercised with ie,:anl to th- land in question. Tim four quo-turns mo-o-cd by the case are therefore ftnsweied in the affirmative. Judge Johnston ' also read a wiiiten judgment in coivuvrenco with ih.t of Judge Williams. Counsel, on behaif.of appellant, moved for leave to appeal to the Piivy ('ouncil, but it was refused < n the gmuud - bat the Queen’s Ordcr-in-Council gives no power to do so. lie will petition the Governor in Council for leave to appeal to the Privy Council. Both judgments were very long.