THE APPEAL COURT.

Evening Star, Issue 10442, 11 October 1897, Page 2

THE APPEAL COURT.

WELLINGTON, October 11. The case of Parker v. Brooks and Wood is being argued before' the Court of Appeal to-day. It is an appeal from a decision by Mr Justice Williams granting a mandamus to the Mining Registrar at Clyde commanding him to give a certificate as to the true date and time on which the several applications of the respondents and appellant in respect to a certain water race were received by him. The agents of the respondents and appellant were both present outside the door of the registrar's office when it was opened at nine o'clock on the morning of the 18th January, 1897. When the door was opened by the registrar the agent of the respondents entered first, and was immediately followed by the agent of the appellant. The respondents' agent entered the registrar's room with the registrar, and handed him the respondents' application, which the registrar endorsed as having been entered at 9,1 a.m. The appellant's agent was at this time standing outside the open door of the room. After completion of the endorsement of the respondents' application the respondents' agent left the room, and the appellant's agent entered and handed in his application. The registrar received ic, and endorsed it as entered at 91 a.m., although actually handed to h?;n at 9.5 a.m., he treating the two applications as simultaneous. Judge Williams .held that the applications were not simultaneous, because" the appellant's agent had stood by and allowed the respondents'application to go in, anefhad not proffered his until 'delivery and endorsement of the respondents' was completed. His Honor therefore .granted the writ commanding the registrar to give a certificate stating the correct times. Mr Sim is appearing for the appellant, the respondents not being represented.