COURT OF APPEAL.

Taranaki Daily News, Volume XXIII, Issue 142, 10 July 1901, Page 3

COURT OF APPEAL.

fix pans association. Wellington, July 8. Judgment was reserved in tbe appeal esse re lease Vfatchom and another to Preeop. W.N. Cathro, s licilor, late of Fielding, was struck oB tho rolls on the ground of conviction for tbeft of £IOB4, prtcceds of cheque given him to piy over to a Wtllingiutfi.ni atad eon veiled to his own use. THE COMMONWEALTH HOTEL. The Judges will sit on Thursday mornirg as a full tench of the Supreme Court to deal with the application for a writ of certiorari to quksh the decision of Mr R. L. Stanfoid, S.M, granting a new licence to the proposed Common wealth Hotel, Ntw Plymouth, and slso with certain questions referred to the Supreme Court by the Compensation Court, Wellington, in connection with the claim of Fitzgerald v. Kelburne Kaiori Tramway Co. THE OMATA TOLL CASE.

Hooker t. Morris. This Is a cue involving tbe question of tbe legal #?tablishmeat of the toll-gate quettion at Omata. The lespondent is lfssse from the Taranaki County Council of tbe Omata toll-gat?, and sued tbe appelhnt in the Magistrate's Court, N«w Plymouth, for the sum of one chilling, as toll ia respect of a brakn and two horses, which appellant had refus. d to pay. For appellant it was contended that tha proceedings of tbe T*raniki County Council constituting the tollgate [in 1889, and continuing on renewing the same in 1892 bad not complied with tka provisions of th« Public Works Act, 1882, end tbe Coun'ies Act, 1886. The Magistrate upheld the contention of the appellant, and respondent appealed to tbe Supreme Court, and Mr Justice Conolly reverted the decision of the Magistrate, hoMirg that tbe toll was legally recoverable, the present appeal is/tom that deci'ion, and tbe race i* baicg beard by the Chief Justice, and Judges Edwards" and Cooper. Messrs Samuel and Govelt an'appearing for tbe appellant, and Messrs Bell and Myrcs for tbe respondent. latkr. Argument was concluded this afternoon, and judgment was reserved, tbe Court then adji-umed till Thursday morning, when it is expected that some judgments will be delivered.