THE APPEAL COURT.

Taranaki Daily News, Volume XXIV, Issue 72, 19 March 1902, Page 2

THE APPEAL COURT.

; HOTEL COMMON (VKULTH CABS STILL j PKOCKKDINU. PER PKUS ASSOCIATION, Wkllikqtoh, March 18. The Court of Appail ia still occupied with tbe licensing cave from Mew Plymouth. Oouns'l for appellant oited numaroas pu horitics on the question of predeturmiua'ion and biaa and dealt alao with the question whether the rule diaqua'ifying a magistrate on tbe ground of bias must be relax «d in tli■ patent vase because there was no other tri* bunil which oauld hara dealt with tha application for a license Counsel for the res; oiidon*. ia submitting the following propoai'ions to ihe ourt: First, thct the relations of the magistrate did not ci easo a le tl likelihood of biaa in favour of respondent's application; secondly, that these pecuniary relations had ceased at tha time if the exercise of bis juris* liic ion, aui tbat there therefore remained nu grounds for the imputation | of bins or rt-al likelihood of bias; thirdly, that the letter writ'en by the [migist'ate did not, having regard to [ the policy and provisions of tha LeansI ing Aete, amnunt to an improper da[teimination, or show a real likelihood of bi>B; fourthly, that it was not a promise to any party to the proceedings, or to any persou on bshalf of any party ; fifthly, that the migistra'e was, and now i=, the sole and exclusive tribunal, and to disqualify h ; m would be to deny justice, he had tbmefore a jurisdictiuu of n>c«>ssity; f-ixthly, a writ of certiorari was discr.riooary, and tha'. iu th<j exercise of sound judicial discretion the Oourt ought to refuse the writ.

Argument for tha rappoudeut hud not concluded when the Court rou for the day.