COURT OF APPEAL.

Otago Daily Times, Issue 14899, 30 July 1910, Page 9

COURT OF APPEAL.

(Peh United Prbss Association.)

.WELLINGTON, July 29. ' In the Shortland Flat Mining Company v. Dawson, the Appeal Court unanimously dismissed tho appeal, with coals on the middle scale, as from a distance. Respondent ' had applied to have his name removed from. the share list a(nd his application money returned ou tho ground that the provisions of the Companies Act "had not been complied with as to allotment and minimum subscription. It was contended that 110 prospectus had been issued, and the company had the right to proceed as it had done. The court held, however, that the application form issued by tho brokers 'with the comcnt of the company amounted to a prospectus. The court also heard Rex v.. Lewis. The latter had beon declared a habitual criminal by the Auckland court. Two of his previous convictions were by a magistrate, and only two were upon indictments. The question is whether the former can be counted. Judgment was reserved,

. O'Brien v. Chapman and others.— Motion for a mandamus to compcl the Compensation Court to hear a claim for compensation by O'Brien for injuries effected to his land by_ the construction o£ an embankment on'the Ngahere-Black-wall railway. The judge in the court below refused to hear the claim on the ground that it had not been made within 12 months after the execution of the work, as provided by section 37 of. the Public Works Act, holding that the time from the making of the embankment should bo the limit of the appeal. The court, the Chief Justice dissenting, held that the work was a railway, and hot i-.n embankment, and that a mandamus should issue to compel the Compensation Court to hear the claim. Costs wore allowed on the middle kale, as in _ the Supremo Court, ss against the Minister of X'ublic Works, with allowance for second counsel.