APPEAL COURT.

Waikato Times, Volume XLIII, Issue 3494, 15 November 1894, Page 5

APPEAL COURT.

(UY TELEGUAPH,-PRESS ASSOCIATION). Wellington, Last Night. In the case Slcoy v. Mutual Life Assurance Association of Australasia the Appeal Court dismissed the appeal holding that the payment of a premium by cheque was not absolute payment, that the cheque had nnt been provided for on the 15th November, the day before ths death of the assured on which day it had been agreed it should bo presented, and that although during the first 30 days after the date when the premium tint became payable, the executors of the assured would have had the right to pay on the terms of the policy, only assured himself could pay during the second thirty days, being the days of grace, and the assured having died during the latter period the executors could not afterwards pay the premium and demand the insurance money. Costs were allowed respondent on the highest scale,

In the case Regina v. Brewer, an appeal from Judge Kettle's decision, fining Brewer, a hotelkeeper at Eltham, for Sun-day-trading, a lodger having won a .shilling-in and the winner shouts and paid for five drinks. The court held there was no right of appeal to the court, and therefore dismissed the appeal without going into the merits of the case, but'with costs.

The appeal was allowed in the Clutha licensing case McKenzie v. Hogg. Tho court held in view of the whole of the Licensing Aces, 1881 and 1893, that section 14 of the Act of 1893 does not apply to wholesale lisenses which may therefore be granted in a district notwithstanding the local option vote is in favour of prohibition. Costa wera allowed on the middle scale.

Cross applications for leave to appeal to the Privy Csuncil were made in re Chambers, but were adjourned to the sitting of the Court to be held on 12th December.

Leave to appeal to tho Privy Council in the case in re E. H. Ward was granted on the usual terms.