COURT OF APPEAL

Taranaki Daily News, Volume LIV, Issue 41, 10 August 1911, Page 5

COURT OF APPEAL

MASSEY v. N.Z. TIMES. THE APPEAL FAILS. By Cable—Press Association—Oopyright, Wellington, Wednesday. In the case Mr. Maseey v. New Zealand Times, the judges of the Appeal Court were evenly divided, Justices Sit Joshua Williams and Sim being in favor of dismissing the aippeal and' Justice* Edwards and Denniston in favor ot allowing it. Justice Sir Joshua Williams announced that as the judges were evenly divided, according to the Judicature Act, the judgment of the couit below was affirmed. The court therefore made no order and no order as to ooets. Justice Six Joshua Williams said tha jury found that the cartoon was political pure and simple, and he interpreted that to mean it was not proved that the Mrtoon imputed that plaiatiff had been eonnected personally with the distribution of the pamphlet. He could not say that twelve reasonable men might not hfve taken this view, and the verdict of a jury for the defendant should be unless it clearly appeared that they had been misled or did not honestly consider the question they had to determine. Mr. Justice Sim considered that th« oartqon was ambiguous, and the verdict ought not to be disturbed. Justices Edwards and Denniston held that the cartoon was defamatory and the jury's verdict against the evidence. Mr. Bell, K.C., asked to be allowed to move at the next sitting o4 the court for leave to appeal to the Privy Council.- The request was granted.

EDUCATION BOARD CASE. Wellington, Wednesday. In the New Zealand Educational Institute v. Wanganui Education Board cose, the majority of the Court of Appeal, Mr. Justice Edwards dissenting, dismissed the appeal, affirming Mr. Justice Ctopman's judgment holding that an education board has power to require or insist that no children below standard 11. shall attend sr be received as pupils at a district high school. Costs oh the lowest scale were allowed to Wanganui Education Board, payable by the New' Zealand Educational Institute.

THE MEWHIRNEY CASE. Wellington, Wednesday. In tlie Appeal Court case Mewhinney v. Mewhinney, Mr. Justice Dennistom delivered the judgment of the court, varying the order made by Sir Robert Stout, and giving legal custody of th« children to the appoint, but making the condition that until further order of the Supreme Court the boy shall be placed as a boarder in the O&tholw,. school for boys at iWtono and the giii as a boarder at the convent in Walling, ton, with access to the childreu by both the appellant (the. father) and the respondent (the mother), as the governing authorities of the school think consistent with the discipline of schools and the interests of the children. No costs were allowed.

A MOTOR-CAR CASE. ' Wellington, Wednesday. In the case Samson v. Aitchson, an am» peal against a judgment for damages for negligent driving of a motor-car, the Appeal Court, dismissed the appeal on the ground that the owner, who was in the car but not driving, was in control. Costs were given 011 the highest scale, and leave to appeal to the Privy Council granted.

NATIVE LAND CASE. Wellington, Wednesday. In the case Donnelly Commissioner of Taxes, the Appeal Court, Sir Robert Stout dissenting, held that the right of occupation conferred on appellant by Airini Donnelly's will was not a leasehold within -tile meaning of the Land and Income Assessment Act. On the other two questions involved they wer# unanimous that when land is leased in common by Europeans and Maoris, a leasehold grunted by such European to a European, in respect of the undivided interest of lessor, is not exempt from taxation, as being leasehold in Maori laiwl, and that the agreement between appellant and trustees under his wife's will did not constitute a leasehold undesf the Land and Income Assessment Aot.

AN APPEAL ALLOWED.

Wellington, Wednesday. Tn the Appeal Court, in Rex v. Reyand Petersen, the court wwi unanimously of opinion that there should he a new trial, there being a substantial! miscarriage of justice aB the Crown - was entitled to have the jury's verdict upon the evidence adduced. The court, Stir Robert Stout dissenting, considered that the prisoners should have a separate triaS. A new trial was ordered, leaving the prisoners, if they wish it, to apply for separate trials.