COURT OF APPEAL.

Press, Volume LIX, Issue 11315, 3 July 1902, Page 3

COURT OF APPEAL.

(PRESS ASSOCIATION TELEGRAM-) WELLINGTON, July 2. • Consideration of the case of .Hohepa NeerA v the Bishop of Wellington and others waa resumed in the Court of Appeal. Counsel for the plaintiff elaborated their contention that the letter from the natives to the Governor was.not a cession of the land to the Crown, but rharely a limited authority to the Governor to grant the land to a specified person for a specified purpose. The grant had exceeded this authority, and was therefore void. They further submitted that the Statute of Limitations did not run, as the native title, was not alienable except to the Crown, and no title could be acquired by an occupation adverse to them. The Court reserved its decision. The case of Jellicoe v. Haselden is now being acraued before ihe Chief Justice, and Judge* Williams, Denniston, Conolly, and Edwards, sitting as Supreme Court in banco. This is a case in which Mr Jellicoe, a Wellington barrister, sues Mr Haselden, Stipendiary Magistrate, at Wellington, for a slander hi respect of the words used by the latter when sitting as a member of the Royal Commission, set up to enquire' into the charges against the management »1 gaols in Wellington. An order was made in an action some time ago that certain questions erf law should be argiued before the trial, these questions being (1) whether defendant is not absolutely privileged in respect of the words used by him whilst sitting as a member of a Royal Commission, and (2) whether, assuming the action to lie at all, it 'is not one in which special damage must bo alleged and proved. The case was argued before the Chief Justice and Mr Justice Edwards, but no decision was given, and at their sug-pe-stion ft is now being reargued before the Full Court. The determination of the main point involved depends upon the question whether a Rpval Commissicn, with powers given by the Commissioners Powers Aot, 1867 and "1872. is a judicial tribunal withiiu the meaning of the authorities upon the question of privilege. Messrs Gully and Myers are appealing for defendant, Mr Jellicoe m person. Argument will be resumed to-morrow.