COURT OF APPEAL.

Dominion, Volume 2, Issue 562, 17 July 1909, Page 14

COURT OF APPEAL.

-INTEKPEETATION OF A WILL. Argument for the respondents in the Wa- I '' ngamii case of Alexander v. Alexander occupied the Court of Appeal yesterday, the Bench comprising their Honours Mr. Jnatico" Williams (Acting-Chief Justice), Mr. Justice Edwards, ,and Mr. Justice Cooper. The appeal was made from a decision of Mr. Justice Chapman,in regard-to the construction .of the will of James Alexander, deceased, late of Wanganui. - Mr. Martin Chapman, K.C., Mr. J. H. Hosking, K.C., (of Dunedin), and Mr. 0. P. Brown lofWanganui) appeared for the appellant, Alexander Alexander, farmer, ot Wanganm. Counsel for the respondents wero: Mr. U U Hutton, for the trustees unacr the..will, i Elizabeth Alexander and Ewen Alexander ' Camphell; Mr: W. H. Baraicoat, for Elizabeth Alexander; Mr. G. Hutton, for the - nephews and nieces 'in the Dominion; and Mr. 6. S. Gordon, for the Public Trustee, ' ' representing the nophews and nieces .not resident in New Zealand. • ' Counsel addressed the Court at length, and their .Honours' reserved decision. ■An adjournment was made until Monday, at IU.oU ! o'clock. , > DUNEDIN PAINTERS' AWARD. t — t — . » THE POWER TO ADD PARTIES. ', 'A dispute between the Otago Painters' In'dustrial Union of 'Employers s.ni tho.Dunedin Painters' Industrial Union of Workers has been sent to the Court of Appeal. - The' case was mentioned at, the Appeal " Court sitting, and was sot down for hearing on Thursday, July 32. Mr.,M. Chapman, K.C., who feferrcd to the matter, stated that Mr. Weston.was appearing for the Otago Harbour Board, instructed by the -New Zealand Harbours Association, and Mr. ,W. C. MacQregor, of Dnnedin, for the Dunedin City.Corporation. , It was not known ' yet who would ropresont the Painters' Union, but "it was understood that the Trades and > r Labour Council' ( would take up the case on their behalf. , The* statement submitted'to the Court ot 'Appeal sets out that on October 29, 1907, the Arbitration Court niado an award in the , dispute. On Juno 15, lpo9, tho Painters Union made an application to have tho 'Dunedin City Corporation and the Otago Harbour Board added as parties •• to the award, under, Section 94 of the Industrial Conciliation and Arbitration Act, 11908. It 'was contended on behalf of the Dunedin City Corporation and tho Harbour Board that there' was jio jurisdiction rto add them as parties, for tho reason that municipal cor'Sorations and harbour boards wero -not ■subject to.tho provisions of the Industrial ' 'Conciliation and Arbitration Acts. Hie Honour Mr. Justice Sim reserved his deci- ' >sion on tho application, in order to enable a cas4 to be, stated for the opinion',pf the 'Court-of Appeal. The question submittec /for the Court of Appeal was: "Is there juris (diction to bind a municipal corporation-or £ harbour board by an award made under thf * Industrial Conciliation .and Arbitrator • 'lActa?!' ' . ' ,-.'•