APPEAL COURT.

Auckland Star, Volume LXIX, Issue 177, 29 July 1938, Page 9

APPEAL COURT.

AUCKLAND SITTING. UNUSUAL PROCEDURE. EXTRADITION LAW QUESTION. (By Telegraph—Press Assoc'atton.) WELLINGTON", Thursday. For only the second time in the history of the New Zealand judiciary, the Court of Appeal will sit away from Wellington next week.

An Order-in-Council was published in the Gazette to-night calling both divisions of the Court together at Auckland on Wednesday, when it will hear argument in an important case affecting the extradition law.

The sitting may be notable in another respect, for it is expected that the Attorney-General, the Hon. H. G. R. Mason, will appear before the Court and argue the case for the Crown.

The previous occasion when the Court sat outside Wellington was when it went to Christchurch in 1887 to hear argument ou the admissibility of certain evidence in the celebrated trial of Thomas Hall for the murder of his father-in-law. The Court's decision saved Hall, who already had lieen imprisoned for attempting the murder of his wife.

In recent years the Attorney-General has not represented the Crown in Court. The late Sir Francis Bell did so in 1925, and so did Sir Alexander Herd man while'he was a member of the Massey Ministry.

Five judges are expected to be on the Bench at Auckland next week, although three may constitute the Court. The hearing is not expected to' continue longer than one day.

Junior counsel for the Crown will be Mr. C. Evans-Scott, of Wellington, who acted as Crown Solicitor in the previous extradition case heard at Wellington which gave rise to an apparent divergence in the viewpoints of Australian and New Zealand Courts on the question of common interest. This is now to be argued further.

Mr. Trevor Henry will appear for the man whom the Australian authorities wish to extradite.

Legal difficulties over extradition between New Zealand and Australian Spates iave been before the public several times in recent years, a recent occasion being.when a cablegram from Sydney stated that another effort to clarify the law had originated in New South Wales.

Commenting on the message, Mr. M*son said the New Zealand Government proposed to assist in that effort when an actual case arose. A case has now arisen, and it will be the ground of next week's argument.