THE APPEAL COURT.

Otago Daily Times, Issue 12395, 3 July 1902, Page 5

THE APPEAL COURT.

(Pek United Piiess Association*.) WELLINGTON, July 2.^ Consideration of tho case Hoheim Wi Ncera v. tlio Bishop of Wellihgton and others was resumed to-day. Counsel for plaintiff elaborated' their, contention that a letter from the Natives to the Governor was not ft cession of land to the Crown, but merely 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 v;as therefore void. They further submitted that tho Statute of Limitation did not run, as the Native title was not alienable except to the Grown, and no title could be acquired by' occupation adverse to tlicm. The court reserved its decision. Tho eara of Jollieoe v. Haselden was argued before tho Chief Justice and Judges Williams, Denniston, Conolly, and Edwards, sitting as a Supreme Oourfc. in Banco. This is a case in which Mr Jellicoa, of Wellington, barrister, sues Mr Haselden, stipendiary magistrate at Wellington, forslandorin respect of words used by - the latter when sitting as a member "of a Royal Commission set up. to inquire into the charges against the management of gaols in Wellington. An order was made in the action some time ago that certain questions of law should be argued before' tho : trial, these questions being—(l) Whether defendant is not absolutely privileged in respect to words used 'by him whilst sitting as a member of a Royal Commission; and (?,) whether, assuming an yction to lie at all, it is not one in which special damage must be alleged and proved. The case was argued before tho Chief Justice and Judge Edwards, but no decision was given, and, at thfir suggestion, it is now being reargued before • the Full Court. The determination of, tho main' point involved depends upon the question whether tho Royal Commission, with the powers rriven by tho Commissioner;' Powers Acta, 1867 and 1872, is a judicial tribunal within the meaning, of' the authorities upon tho question of privilege. : Messrs Gully and Myers are appearing- for defendant, and Mr Jellicoo in person, Argument will be resumed to-morrow.