WELLINGTON NEWS.
Per Press Association,
Wellington, last night. it A privato cable from London indicates that tho potition by Tbos. Mitchell for leave to appeal to the Privy Council in forma pauperis from the judgment of tho ir Supreme Court here in the action Blit 0 obeli v. Loan and Blercantilo Agency ?■ Company was dismissed. The Suprome Court non-suited Mitchell. 4 On tho Supremo Court resuming the y Chief Justice intimated that Judgo Cooper was unablo to leave his bed, and the hearing of the licensing cases would be adjourned till next Monday. The case of N.Z. Loan and Mercantile v. Reid was also adjourned in consequence of the illness of Mr H. D. Beil. As it seems improbable that the case can now be heard this sitting, arrangements will be made, if • possible, to hold a special session of the ; Court for tho purpose. A motion for leave to appeal to the Privy Council in the Chalmers iiconsing case was then taken, Mr Weston appearing for the motion and Mr Adams in opposition. The Court intimated that priiua facie there seemed to be right to appeal, and it would therefore hear Mr Adams fPst. Mr Adams mentioned ns a preliminary that the statement before tho Court of Appeal that Mr Graham was specially appointed chairman of tho Chalmers Licensing Committee was • now admitted to be a mistake, and he ap- ' plied to have tho affidavit correcting it admitted umoug the papers,of tho case. After * considerable discussion the point was held over to enable the consent of other parties ' to the amendment to be obtained. Mr Adams then proceeded to argue that tho cose did not come within the terms of the Order-in-Council, authorising the Court to , grant leave to appeal. No property or , right to property was involved, and no right that could be reduced to a money value. . tJ
The Farmers’ Conference to-day further considered amendments to the rules and matters of detail.
Later.—Continuing his argument Mr Adams argued that the' right involved is not the right to have licenses, but merely to ooquire into the validity of the poll. Tho Court must not assume, if the decision were reversed, licenses would be issued, for evon if the poll were declared invalid it was not yet settled . that licenses could be granted. Blr Weston, for the other side, contended that the value of the license involved was far above the .£SOO mentioned in the Order-in-Council. It was sufficient that if the decision were reversed the poll could be attacked, and might be declared invalid. Decision was reserved.
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Bibliographic details
Gisborne Times, Volume X, Issue 939, 11 July 1903, Page 3
Word Count
429WELLINGTON NEWS. Gisborne Times, Volume X, Issue 939, 11 July 1903, Page 3
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