COURT OF APPEAL.

New Zealand Times, Volume LXXI, Issue 4493, 22 October 1901, Page 2

COURT OF APPEAL.

The Court of Appeal continued iW sittings yesterday, when, the Bench was occupied by the Chief Justice, Mr Jus, tice Donniston, Mr Justice Coholly and Mr Justice Edwards. Mr W. L.’ Bees mentioned that certain papers required in the Tahora Block case had come down from Gisborne. He asked that a time might bo fixed for the hearing of argument. Mr Dalziell said that Dunedin counsel would like the cage of the Otago Harbour Board and Dysaght to be fixed for the following (TuVfeda.'y’) morning. The Chief Justice said that the case of Duff and Kyle had been adjourned in order that it might be argued before the full Bench of Judges* Mr Justice Wil* Hams was at present indisposed, and Mr Justice Cooper was - away. In the circumstances, it was thought better that the case should not he heard that day, as had been arranged. Mr Dalziell mentioned the ease of the Timaru Milling Company and the Mil, lers’ Association, the papers in which had not been properly printed. , Mr Justice Denniston said there was one ground which might perhaps make the application to ha.ye the case accept, ed ag printed a special one. After he was on circuit on the West Coast, he was unable to return to Christchurch, being suddenly called to Auckland. The papers bad to be sent to him in the North. He believed it was now too late to rectify the blunder which had* been made in printing the case. His absence from Christchurch might to some ex, tent have caused the lateness. If he had been able to be there, the error would have been discovered earlier. , The Chief Justice said the Court would accept the case as printed this time, but it be taken as a precedent. It was accepted only because of the special ground of the delay due to Mr Justice Denniston’s not. being able to be at Christchurch at the time in question. The rule as to print, ing must be complied with. It was a rule for the benefit of all. There was no reason why it should not be as e*’' for practitioners to print as well by o: rule as by another. The cage was accepted as printed. The case of the Otago Harbour Boa: and Lysaght will be taken this morning, and those of Duff and Kyle and, tha Tahora Block will follow.