APPEAL COURT.

Gisborne Times, Volume IX, Issue 849, 25 March 1903, Page 2

APPEAL COURT.

PORT CHALMERS LICENSING POLL. [ns TELEQBira.—PBEsa association.] Wellington, last night. The Appeal Court gave judgment in the case of Mitchell v. tho New Zealand Loan and Mercantile Agency Company to-diiy. The motion was to set aside loave to appeal in forma pauporis. Judges Williams, Conolly, and Edwards expressed the opinion that the order was granted upon insufficient material. Tho Chief Justice dissented. A majority of tho Court held that in all cases of application for leave to appeal in forma pauperis there should be laid before the Court tho opinion of counsel other than the opinion on tho record, that the case was a proper ono for'appeal, and that this opinion should be given upbn facts and brought before the Court. The order giving Jeavo to appeal in forma pauperis was set aside, plaintiff being given 30 days’ extension of time within which to make further application, on condition that he pays within that time defendant’s costs, £lO 10s. Mr Jeliieoe, for plaintiff, formally moved for leave to appeal to the Privy Council. The Court thought it had no jurisdiction to grant leave on a mere matter of procedure, but stated that Mr Jellicoo could move later on.

Later.—The Appeal Court was occupied this afternoon with the appeal in tho Port < Chalmers licensing poll. The qqpstion involved is whether Mr Graham, S.M., was, the proper person to hold an inquiry as to the validity of tho local option poll on the ground that he is not the magistrate of Port Chalmers. The question as to his legality was tested, Mr Graham holding that ho bad jurisdiction, but Mr Justice Williams held otherwise. Argument was not concluded when the Court rose for the day.