THE COMMONWEALTH APPEAL.

Gisborne Times, Volume VII, Issue 397, 23 April 1902, Page 2

THE COMMONWEALTH APPEAL.

APPLICATION TO APPEAL TO PRIVY COUNCIL.

[By Telegraph—Press Association.] Wellington, last night.

The Court of Appeal dealt this afternoon with an application for leave to appeal to the Privy Council in the case of Erethey v. O’Driscoll, in which the validity of a license granted to tho Hotel Commonwealth, New Plymouth, is in question. In applying for leave to uppeal Counsel for the licensee asked that an order of Court of Appeal quashing tho license should not issue, pending the determination of tho appeal to the Privy Council.

A majority of the Court, consisting of Judges Denniston, Couolly, Edwards, and Cooper were of opinion that the quashing of license should be stayed until a further order of Court, on the licensee paying into Court the costs incurring in Supremo Court and Court of Appeal, and giving security for the costs of the appeal to tho Privy Council, and on his farther giving security to prosecute the appeal with diligence. The Chief Justice and Mr Justice Williams were of opinion that no order staying proceedings should be made unless the licensee would consent to terms which would preclude an application for a new license at the annual licensing meeting in June. Counsel for tho licensee was allowed until to-morrow afternoon to consider whether he would accept the terms imposed by the majority of the Court. These terms will apparently not precludo an application for a new license in June, provided that the appeal to the Privy Council is prosecuted with diligence in the meantime.