APPEAL TO THE PRIVY COUNCIL.

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

APPEAL TO THE PRIVY COUNCIL.

OF A MORTGAGEE.

/When the. case of Miles v. Hussey was called, and a statomont of the case was handed.to the Judges, Mr. Justice Edwards asked how it oatne about that carbon copies wore provided.; ";.. . '. ". >■;.' . "Mr.. C. B. .Collins, for respondent, replied • that his agents in Wellington had probably'supplied the Carbon copies.' ..'"There is a rule in the Supreme Court," said' Mr. Justice Edwards, "that - carbon 'copies-.must'' not he filed. It is positively inuecent that they should supply to the Judges Carboncopies made by worn-out carbon .sheets;" :■'.'■ >'■ ; / .-,- _' . • Mr. Justice Donniston: Especially' m the case of.a paper ( . which would take an office' boy ten minutes to do. And office boys are ;cheap;";. ~ Z '';■:''>-;:■. : '/'■'. ':-.-' ;';, . ' ■ This was.a case dealt with .at the last sitting of ' the Court of-Appeal. It.involved the question'6f; the legality ,6r Otherwise of a mortgage, given to a solioitor-mortgagee, particularly in reference .to the insertion ill the inortgaga of a power. of ( sale oxercisabW inimediatoly Upon default.', The CoUrt of. Appeal had deoided;that the insertion of ihe provision in ; the mortgage /was not Unreasonable, and had dissolved an injunction previously granted by the Supreme Court restraining the mortgagee from exer'oisirig his power r of sale. . .;.,'■ .~. ' ■ Mr. Oollin'S: applied for leave to appeal to the Privy Council.'. ' '"'" ' Mr. Blair; who opposed tho motion, submitted that whether leave.should;be granted Or riot was discretionary with the OoUrt. ;It appeared that, indirectly, tho amount involved exceeded JESOO. The only: question vfas whet|i6r a mortgagee, was, Or was not, bound to give'; the'statutory notice' to the mortgagor,that h6;'intended;t'o.. oiercifiev.'the power .of ,salo. ;..''' ;. ;-.-.'■ ."■:', '■■■.; .; i ., N ' ~,... rThe CWurt;.decided that there was.a right to appeal, whero.the;judgment of :the Supreme, Court involved directly any 'olaim, judgment, or question respecting property. There could be no doubt that the case' involved '■ property ! exceeding.; £500 in value. Leave to-appeal to the ■Privy ■ Council was accordingly granted,: without stay ; of exer-i pultipn,-; and■',on.-,terms;that the respondent VseCUrity foi-; costs 'An,-, tho' lower ;Court 'and \ Court:, of • Appeal, and the costi; of ■; the Privy,'Counoil, security to'.he fixed..b.r the rejii'st'rar;; Costs .of the, motion, £5 55.,' to abide the ;resuH of tbo; appeal. 1 '~-:. §!&Z - OTHER;CASES,' : -' ['-/l v;-: ;:' ■ |: ( '';^ : ;.DATES AGREED UPON.' ;;'; ' : ■ In..th©;case,William Douglas; ; tysnar.; v. Ahenala.To.llaire-and another/ Mr! L.. T. Bn'mard appeared f6r the appellant and Mr.' A. deJB; Brandon for the; respondent.-. Jhis was, an■ abpieal from the- decision : of Mr, Justice: Edwards given at Gisborne. An • action'had besli brought by the respondejits to restrain-theappellant from appearihgin cer,tain pfoceedirias in the Validation Court. The judge-in the Court below granted ah injunction, and £25 damages, with costs amounting to £54:175..6 d. 'The appeal was In regard to .this order. .'-The case.was set down'for hearing on Monday next.' . ;.',-"•./':-'. , ■ In. .the.matter, of Horowhenua Block, -No. 11,- Mr. Myors: appeared for. the Crown; and Mr. Menteath, represented some of tho other parties.-; :Mrv:Myers said'tbat the case had been moved into- tbeiCourt of Appeal by'an order,: of' Mr. justice Sim, made at Palmerston North. Leave was given to set it down for hearing without prejudice to,any objecr tions Avhich,\might'be made.'-, : , ' '''The Court fixed'.-'dates of hearing : for; the following cases 6, Short (Mr. Myers)v.' Tyormah (MnHaggitt); July 7; Commissioner of Crown Lands, in,.Taranaki (Mr. . Myers) v.;John ( ;B]ackbaU. Benriie; (Mr. Skerre:tt,K.O.).;' July 15,; Alexander Alexander v. ■ Elizabeth Alexander and others.