THE APPEAL COURT.

Auckland Star, Volume XXXIII, Issue 95, 23 April 1902, Page 5

THE APPEAL COURT.

THE COMMONWEALTH HOTEL

CASE.

(By Telegraph.—Press Association.)

WELLINGTON, Tuesday

The Court of Appeal dealt this afternoon with an application for leave to appeal to the Privy Council in the case of Frethey v. 6'Driscoll, in which the validity of the license granted to the Hotel Commonwealth, New Plymouth, is in question. In applying1 for leave to appeal counsel for the licensee asked that the order of the Court of Appeal quashing the license should not. issue, pending- the determination of the appeal to the Privy Council. A majority of ftie Court, consisting of Judges Denniston, Conolly, Edwards and Cooper, were of opinion that the quashing of the license should be stayed until further order of the Court, on the licensee paying into Court the costs Incurred in the Supreme Court and the Court of Appeal, and giving security for the costs of appeal to the Privy Council, and on his further giving security to pnosecute the appeal with diligence. The Chief Justice and Mr Justice Williams weTe of opinion that no order staying proceedings should be made unless the licensee would consent to terms which would preclude application for a new. license at the annual licensing meeting in June. Counsel for the licensee was allowed until to-morrow afternoon to consider whether he would accept the terms imposed by the majority of the Court. These terms will apparently not preclude application for a new license in June Iprovided ith~e appeal 'to tie Privy Council is prosecuted with diligence in the meantime.