Court of Appeal.

Oamaru Mail, Volume XXIII, Issue 7357, 3 November 1898, Page 3

Court of Appeal.

(by telegraph. ) Wellington, November 2. Argument in the case of the Education Board of Auckland v. Haselden and others was begun in the Appeal Court this afternoon before the Chief Justice and Justices Dennlston and Pennefather. This is a motion for a writ of prohibition, removed by consent into the Court of Appeal. Defendant, Miss Haselden, is head teacher of the Eauaeranga Girls' Public School at the Thames, and in June last the plaintiff board gave her notice terminating her engagement as from 31st December next. She desired to appeal from this decision under "The Public School Teachers'lncorporation and Court of Appeal Act, 1895." and gave notice of appeal, on which, as required by the Act, she obtained the endorsement by the New Zealand Institute (Auckland branch) containing an undertaking by the Institute to pay to the Board any costs which might be awarded against appellant, and also nominating a member of the Court of Appeal. The Act provides that the Court shall consist of a Stipendiary Magistrate, one person nominated by some incorporated body of teachers In the trict, and one person nominated by the Education Board. In the present case the Auckland branch of the Educational Institute nominated its own President as a member of the Court. The Education IJoard seeks to prohibit an appeal to a Court so constituted, on the ground that the President of the Institute js disqualified by bias and interest, the Institute having considered the case before it decided to take ic up, and, being interested, is liable for costs. It appears, however, that the Institute obtained security in« demnifying it before it took the case up, and this fact is relied on for defendant. Sir It. Stout is appearing for the plaintiff Board and Mr Bell for the defendant. Argument for the Board was heard this afternoon, and thafa for defendant will be taken to-morrow morning.