PAREORA STRIKE CASES.

Timaru Herald, Volume XIC, Issue 13372, 23 August 1907, Page 5

PAREORA STRIKE CASES.

APPKAH COUNT'S DKCiSION. IMPKISOXML'XT FOIt XOXPAYMKNT. Per Press Association. WiXHIXOI'OX", August 22. The Appeal Court gave judgment to day in the ca--v of Kcddi- v. Millar, involving the power of the Arbitration Couif to < uforce payment of its lines by iniprisonment. Four of the Nench-the Chief Justice, Justices Cooper, Chapman and Hutto;: - decided that tin.- Aibitralion Court had that pomT; Justices Williams and Denniston dissented for reasons given by Justice Williams when delivering judgment when (he ewe was heard bjfore him in Duiiediu. The Chief Justice, in delivering judgment, reviewed the Acts healing on the subject, and said that, the Arbitration Couit not /laving been given specific power to enforce its lilies it. became, r.ecessan- to refer to the Code of Cavil Procedure to 1 am how judgment was to be enforced. In this he concluded power was to be found, and concluded --" whilst, therefore, 1 concur in the statement that before power of attachment ought to be deemed applicable, the statute must be plain and clear. I am of opinion that the statute read in its ordinary meaning intended to give and did give all power to enforce an order for payment of *;i fine; that rule 386 of the Ci'ido of Civil Procedure give- - , and that the order for payment of a tine did not become a judgment for money in an action for debt or damages, so as to bring if within the exception mentioned in the rule. There have been many cases ciCd and many legal by-paths trodden in .argument., but an my opinion the issue is as 1 have stated it." and little or no aid can be got in interpreting, the st-alulo from a perusal of the?'e clauses or from exploring these by-paths. 1 am of opinion that the appellant must succeed, and the judgment below vevK'flM, with a. direction to the Supreme. Court to issue an attachment."