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BY ELECTRIC TELEGRAPH.

[FBOM OUB OWN COBBESrONDENT.]

(rilOM YESTERDAY'S EVENING EDITION OF THE west coabt times.) Christchurch, Thursday Evening, 2.59 p.m. The Panama Mail arrived at Wellington to-day, at 7 a.m. The news has all been anticipated by the Suez Mail. The steamer Airedale has arrived from the North, and sails for the South by the way of. Hokitika, the Grey, and Nelson.

Wellington, July 25.

An important judgment has been given in the Court of Appeal, in the case of Bagge v. Sinclair. It was a case from Picton, and related to the validity of the Town Board Act.

The points raised were — whether the clause in the Act, giving an appeal to a Bench of Magistrates, created a new Court of Judicature, contrary to the provisions of the Constitution Act. Whether the clause determining the mode of procedure in bringing actions did not also infringe the provisions of the Constitution Act; and whether the Town Board, having appointed two of their number as assessors, did not render the rating, &c, invalid. Justices Johnston and Richmond held that the first and second clauses in the Town Board Act were ultra vires. Justices Chapman and Moore held that 6%1y the third point was bad. Justice Gresson was of opinion that on all three points the appeal could not be sustained.

The judgment, therefore*, was against the appellant. This decision will seriously affect several clauses in Acts passed by Provincial Councils, and which will probably be declared void in consequence of being ultra vifes y

Permanent link to this item
Hononga pūmau ki tēnei tūemi

https://paperspast.natlib.govt.nz/newspapers/WCT18670726.2.11

Bibliographic details
Ngā taipitopito pukapuka

West Coast Times, Issue 573, 26 July 1867, Page 2

Word count
Tapeke kupu
254

BY ELECTRIC TELEGRAPH. West Coast Times, Issue 573, 26 July 1867, Page 2

BY ELECTRIC TELEGRAPH. West Coast Times, Issue 573, 26 July 1867, Page 2

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