APPEAL COURT.

Taranaki Daily News, Volume XXIII, Issue 149, 18 July 1901, Page 2

APPEAL COURT.

rn ram assootatiom. Wiuuaonoir, July 17, Several judgments were delivered this morning by the Appeal Court. In the case Rex v. Mania the Oourt was unanimous that the Criminal - Code abolishes Criminal libel, but an iadiotment would st 11 lie under Lord Campbell's Act where it was proved that the libel was falsi to the accused's know* ledge. Several of the Judges expressed a strong opinion that the law required amendment. In McCarthy v. Baraett the Oourt was usanimouathat theHutt Raceoourss is a publio course and the RficioK Club could not exclude booknaakers or anyone else; also that the lease held by the stewards from the 'rushes is void ts contrary to the trusts, and must be delivered up to be cancelled. Leave was obtained to appeal. In P.dlook v. Bank of New Zealand the Court decided that the Bank was wrong in paying a post-dated cheque before its due date. As this payment caused other cheques to bo dit-honoured plaintiff was entitled to damages. In Rex v. Bannatyne and Co., the Court unanimously dismissed the appeal, holding that no pell tax was payable by the master of a vets :1, in respect of s Chines* member of a orew who lands without consent of the master, the remedy being recovery of the penalty from the Chinaman himself; As the poll tax was not paid vohuv tarily it could he reoovered from tho Crown.