PICTURES ON SUNDAYS

Otago Daily Times, Issue 21529, 29 December 1931, Page 12

PICTURES ON SUNDAYS

" COMMON INFORMER ” ACTION RULING REGARDING COSTS. Announcement was made before Mr Justice Wright in a London court recently that the case brought against the Carlton Theatre Company, Ltd., and others, by Miss Millie Orpen had been settled on terms not disclosed in court. Miss Orpen had instituted common informer ” proceedings against a number of London kinemas under the Lords Day Observance Act. Her action led to the promotion of the Sunday Performances Bill in Parliament. . Questions relating to costs in one or the cases were subsequently argued before Mr Justice Rowlatt. Counsel for Miss Orpen said that last July he decided a similar action in favour of Miss Orpen against another kinema, and awarded penalties, which, later, she announced she would not persist in claiming. . ■ “This case just escaped trial, added counsel, “ because on October 7 last Parliament passed an Act . which has made the action void. However, the courts still have the power to award, costs to the litigant entitled to them, and I ask for the costs on behalf of Miss Orpen. I ask because I am entitled to suggest that had the action gone on I should have won it.” . Counsel for /the defence protested strenuously against such an order. “My friend calls no evidence, yet he says it is proved ray" clients have committed a criminal offence,” he remarked. ' “As a matter of fact, it has by no means been proved. Miss Orpen is a young person of Jewish faith. Surely she cannot seriously be regarded as a champion of the Protestant Sunday? ” ' Mr Justice Rowlatt ordered that, the action having been automatically discharged. Miss Orpen should have her costs up to October 7, and including that day. She would have to pay the costs of the directors of the company whom she cited as defendants.