Mr Edwards's Appointment.

Daily Telegraph (Napier), Issue 6743, 27 April 1893, Page 3

Mr Edwards's Appointment.

_l*.c Aldridge Appeal Case

L-EB -BBSS ASSOCIATION.]

"Wkllinqtom, Thia day.

The case in re Aldridge was argued in the Court of Appeal this morning. This is a case in whicb application is mado for a writ of habeas corpus to discbarge from cmdody one ijkLidge, convicted of felony before Mr Justice Edwards when pitting as a Judge of the Supreme Court at Blenheim, and by him sentenced to five years' penal servitude, 'ihe application is made on tbe grounds that Mr Edwards not having been duly appointed, tho proceedings wero void. Mr Vogel appears for Aldrilge, and Mr Gully for the Crown. Mr Vogel admitted that if Mr Edwards was a Judge de facto though not dejure, his acts as Judge were valid, but he contended that he was not even a Judge de facto, there having been no vacant offico for him to fill, and no power to create a new office. It was not a case of mere informality in an appointment to an existing office. Mr Gully contended that this was immaterial, Mr Edwards having received an appointment, and bona fide acted upon it, and not being a mere usurper. He contended also that there was an existing office, though it was on condition to it being filled that a salary should be voted. The point was also raised that tbe validity of the appointment of a Judtre could not be enquired into on a h ideas corpus. The Court reserved judgment.