COURT OF APPEAL.

Taranaki Daily News, Volume XXIV, Issue 92, 23 April 1902, Page 2

COURT OF APPEAL.

HOTJCIj COMMONWEALTH OASB. j COURT DIVIDED. J MAJORITY FOR CONTINUING LICKNBK ON TERMS. ] rm press association. WkMjlHGton, April 22. Tho Court of Appall dealt this afrernoon with tho application for leave to appeal t,o the Privy Council in the 1 cane of Frathey v. O'Driscoll, in which the validity of a license prar.tt?d to the Hotel Commonwealth, New Plymouth, is in question. In applying for leave to appual, counsel for tho licensee asked that tho orrler of the Court of Appeal qu*shing the license should not issue | pending the appeal to the Privy Council. The majority of the Court, consisting of Judge* Denniston, Connolly, Edwards and Cooper, wera of opinion that quashing of license should be stayed until further order of Court, on licensee paying into Court cests incurred in Supreme Court and Court of Appeal and giving security for costs of appual to the Privy Council, and on bis further 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 application for a new license at the annual licensing meeting in June. Counsel for licansee was allowed until to-morrow afternoon to consider whether ho would aceept te. ras imposed by a majority of the Court. These terms will apparently not preclude en application if to yet a new license in June provided the appeal to the Privy Council bo prosecuted with diligence in the meantime.