LICENSING CASE.

Gisborne Times, Volume X, Issue 956, 31 July 1903, Page 2

LICENSING CASE.

.CHALMERS APPEAL TO PRIVY, COUNCIL REFUSED.

(Per Press Association.) WELLINGTON, last night. In the application for leave to appeal in the Chalmers licxmsing case the Appeal Court found that the case was one suitable for appeal, but tbs,'; it had no jurisdiction to grant leave. The Chief Justice delivered the judgment of tne Court, which held that it has no pow<er to grant leave of appeal to the P rivy Council in such a case. The, petition to the Magistrate was for an enquiry, into the validity of tie poll. ' The' right to petition belo<nged to petitioners, as electors, and had no money value capable of bpif/ig •■assessed. Certain of the petitioners were also licensed and it had been contended that indirectly the resul t of the judgment sought to be repealed from would be to deprive them of their licenses hy preventing them from taking steps to upset the poll. Indirectly, therefore, it was cocttended, the rights of petitioners were involved to an extent exceeding. £SOO. The Court held tAiat the ritjlit to licenses Was not, involved in the proceedings before the 'Court within the meaning of the Order in Coi incil authorising the Appeal Court t o grant leave to apoeai. Although appellants might indirectly lose their licenses, as contended, this diid not bring them within the means of the Order in Council. The case was. in the opinion of the C ourt, a suitable one for appeal, but tlbe Court had no jurisdiction to grant leave to appeal. The motion was therefore dismissed, with five guineas costs.