THE APPEAL COURT.

Greymouth Evening Star, Volume XXXI, 17 July 1901, Page 3

THE APPEAL COURT.

(PES PRESS ASSOCIATION.)

Wellington, July 17. Several judgments were delivered by the Appeal Court to-day. In the RentMabin case, the Court was unanimous that the Criminal Code abolishes criminal libel, but an indictment would still lie under Lord Campbell's Act, where it is provided that the libel was false to the accused's knowledge. Several of the judge's expressed a strong opinion that the law required amendment.

In M'Carthy v. Burnett, the Court was unanimous that the Hutt racecourse is a public course and the Racing Club could not exclude bookmakers or anyone else ; also that the lease held by the Stewards from the Trustees is void as contrary to trusts and must be delivered up to be cancelled. Leave was obtained to appeal. In Pollock v. Bank of New Zealand, the Court decided that the bank was wrong in paying a post dated cheque before its due date, as the payment caused other cheques to be dishonored. Plaintiff was entitled to damages.

In King v. Bannatyne and Co., the Court unanimously dismissed the appeal, holding that no poll tax was by the master of a vessel in respect to a Chinese member of his crew who lands without the consent of the master. The remedy being the recovery of the penalty from the Chinaman himself. As the poll tax was not paid voluntarily, it could be recovered from the Crown.