APPEAL COURT.

Taranaki Daily News, 9 July 1919, Page 5

APPEAL COURT.

QUESTION CONCERNING CHINESE CHILDREN. By Telegraph.—Press Association. Wellington, Last Night. The Court of Appeal to-day delivered judgment in the case of Joe Lum v. the Attorney-General. This was an originating summons to determine the meaning of the definition of "Chinese" in the Immigßation Restrictions Act. The facts were that a Chinaman, married here, wished to send his children, all born in New Zealand, to China to be educated, and the question was whether, if they did not return to New Zealand in four years, they came under the definition and would be subject to the restrictions of the Act.

The court held thai the children ill sneh case would not come vuider the xeatrietions qi the Act MARIE TEMPEST JUDGMENT REVERSED. Wellington,* Last Night. The Court of Appeal to-day gave judgment in the case of Craw v. Jarden. This case concerned the question of misrepresentation in regard to the sale of the trotting mare Marie Tempest, and was an appeal from the decision of Mr. Justice Herdnian, who held that plaintiff had not discharged the burden of proof. The court reversed this decision, holding that plaintiff had discharged this burden of proof that such misrepresentation had been made. The appeal was, therefore, allowed. Judgment to be entered in the Supreme Court for plaintiff for £IOO without interest, and the return of three cheques for £IOO given to defendants, with costs in the court below as on a claim for £4OO, disbursements and witnesses' expenses to be ibued by registrar. The appellant was allowed the costs of the appeal on the middle scale, aa in a case from a distance.