APPEAL COURT.

Dominion, Volume 5, Issue 1481, 2 July 1912, Page 9

APPEAL COURT.

IMPORTANT PUBLIC ISSUE, SOW CO.\fINCi OX-. In Iho Court of Appeal ypslorday inoriiin.?, Sir John Fimllny. ICC, mentioned two e:i*rs under tho Public Trust Oilico Ant. V.m. In thc-'u is imolral the important quotum as lo whether the Public Trustee has an absolute ri',-ht to administer the estate of any person, who dies intestate. The cases had been held over from last, session. Hitherto no one hail boon appointed to argue the point, for the public, | and this inuttor was referred to when t'l'.e cased were mentioned yesterday. Mr. Justico Edwards in speakhiL' of the. necessity of having the points properly argued, paid that no more important question, as regarded the public interest, had ever coino before (he Court. Mr. Justice Deiinistou expressed the opinion that indulgence should lio granted to the Law Society to appear. Sir John I'inillay: I want to make certain that Hie casn will ho argued from the other point of view. On the question as to who should represent the public, the Solicitor-Civneral stated that lie had 110 desire to interfere unless ths Court wished him to do so. He thought that the matter was one. that related to the. 1-aw Society rather than to tho Crown Law Office. Air. IF. D. Bell, K.C.. who was present, undertook to have the Law Society represented if that was tho desire .of the Court. Sir Joshua Williams: It is'tho desire of the Court. Ths da to of tho hearing will bo fixed later. LIST OF BUSINESS. The Court of Appeal sittings commenced yesterday, when the Bench was occupied by Mr. Justice IVilliains, Mr. Justice Draniston, and Jfr. Justice Edwards. The following fixtures were made:— Tuesday, July 2. Bremla Beatrice Heed v.'Tlie Equitable I.ifo Assiirauco Society of tho United States. Wednesday, July 3. Wellington Hospital and Charitable Aid Hoard v. the Welinston City Corporation (before, tho Full Court). Thursday, July i. William Harris and Thomas Harris v. Martha M'Uregor.

Othor Cases. The ciise of H.M. tlio KiiiK v. Soren Mnrius .Mikkelscn will not bo taken before next week.

Other casos set down for which no delinitn (late has been fixed arc:—Hemauets: The Law Practitioners Act, 1908, awl re Somcrrillo; Tho Law Practitioners Act, 190S, ond re Stevens; The Public Trust Ofiice Act, 1908 (two special cases). Case removed-: The Minister for Customs v. The Wiiihi Gold Mining Co., Ltd. Special case: Tanihana Korakai and others v. Solicitor-General.

FINAL LEAVE TO APPEAL. Final leave to appeal to the Pr'.y Council was grained in tho following cases:—Pitcaithly and Co. v. John Jl'Lean and Son (security ,KJ00) ; Dalgety and Co., Ltd., v. Solicitor-General (security ,£50(1);. The Kauri Timber Company, Ltd., v. The Commissioner of Taxes (security JMOO); and the Taiipo Tolara Tiniler Company, Ltd., v. The Commissioner of Taxes (security i! 300).