SUPREME COURT.

Hokitika Guardian, 14 March 1924, Page 2

SUPREME COURT.

SITTINGS AT HOKITIKA. FRIDAY, MARCH 14th. (Before His Honor Mr Justice Adams). His Honor took his seat at 10.30 a.in. STRUCK OUT. AV. J. Mcllroy v. W. Morgan. Mr Bark intimated this case had been settled.—Struck out. COUNTY BYE-LAWS. A motion filed by Neil Nicholson to quash tile Westland County Council bye-laws re traffic. Mr A. G. l’ilkington appeared for the applicant and Air J. Dark for tile defendants. Air I’ilkingtou said the claim was that the said bye-laws were unreasonable. uncertain and ultra, vires, and proceeded to outline the case. llis Honor asked it ihe present motion did not raise questions that had came up before the Court on previous occasions. The matter was of great public importance, and lie was of opinion that it would be preferable to forward the case to the Full Court or the Court of Appeal to get a practical final decision. That would be the best course to pursue lie thought, as it would >ct ■ the matter once and for all. Ah Bark said lie recognised there was a conflict of opinion among the judges and also in the English decision. It was very hard to find where we are a". present. His Honor- Yes. He recognised that the cases already decided load to a conflict of opinion. That was why ii had made the suggestion to refer the cast to the Full Court. Air Dark asked his Honor to adjourn flu Court for half an hour to enable i!i parties to confer as to the course to pursue. llis Honor agreed, and the Court was adjourned till 11 o’clock, and a few minutes later till 12.-15 p.m. On resuming it was intimated that Counsel had agreed to the suggestion of lii.s Honor, who accordingly referred the case to the Full Court for decision. IX CIIAAIBERS. (in the application of Air Elcock letters of administration in the estate of Elizabeth lfaiso deceased, were granted. This concluded the sittings.