LAW REPORTS.

Dominion, Volume 2, Issue 552, 6 July 1909, Page 7

LAW REPORTS.

COURT OF APPEAL. ' PBOOEEpINGS YESTERDAY. Sittings of the Court of Appeal commenced in Wellington yesterday morning, tbo Court comprising their Honours Justices Williams, Denniston, and Edwards. RAILWAYMEN'B SUPERANNUATION. SHOULD BROKEN BERVIOE COUNT? The case of Doud v. tho Minister for RailWays was mentioned. This was a case brought under the Declaratory Judgments Act for .a declaration that employees in tho Government Railways Department woro entitled to count (for superannuation purposes) all time actually served under tho Department;' It was claimed that the Department had refused to take into consideration any service othor than continuous service; and, as many railway officials' service had not boon continuous, the amount of to which thoy were ..entitled would be very considerably increased if it were decided that broken service should count.' Mr. A. Blair,, for appellant, Btated that he understood that the Solicitor-General wished to argue the case in person. . , ■'■• Mr. Justice Denniston remarked that the Solicitor-General is in England. ' Mr. Blair wont on to say that (i although the case hiriged on the interpretation of ono section of a statute, the amount involved Was about £20,000. . '•-, . Mr. Justice Williams: Is not there any competent person in New Zealand to represent the Solicitor-General? ;, His Honour continued that notice would be sent out, and unless the other side appeared, they would not bo heard. Mr. Blair, after remarking that the other side could practically stop tho hearinc at theso sittings, if they so desired, added: "Wo do not want to annOy the other side/' . No date of hearing was fixed, the Court deciding that-tho oaso should be called on again.;- .-■.■..-■