APPEAL COURT.

Taranaki Daily News, Volume LI, Issue 111, 1 May 1908, Page 2

APPEAL COURT.

Per Press Association. Wellington, Thinly. The Appeal Court is occupied in hearing the case Scott v. the lving. The action arose over tlife Christchurch Exhibition, the Commissioners of which, for a consideration, had granted Scott certain space for exhibition of biscuits and confectionery. Plaintiff claimed that the right was sole and exclusive, and that subsequently the Commissioners granted similar rights to others. Plantiff further alleged that the Commissioners wrongfully entered into possession of his confectionery. Plaintiff had claimed £3OOO damages and in the Lower Court the jury awarded £ISOO. Certain questions were reserved for the 'Appeal Court, and these are being ar gued.

Wellington, Last Niglit. The chief nonsuit reserved (or decision on behalf of the Crown was that no grant or license was disclosed on the face of the documents, to Scott, and that the Commissioners had no authority to grant exclusive rights to anyone to sell the articles mentioned (biscuits and confectionery) under the by-law?. Mr. Skerret contended the legislation made under the Exhibition Act, and published in the Gazette in 1906, wnic'ii provided that no contract should be binding unless made under seal, were ultra vires, no authority to make such regulations having been given by the AM. Further, the action, of the Commissioners brought the case within the Crown Suits Act. Mr. Harper, for the defendant, contended that the Cominisioners having contracted (if they hud contracted) in their own names, "they should he sued personally, and no action would lie. At the hearing in tlic Court below, hi; contended the evidence showed that .Mr. Mtini'o was acting oil liia own responsibility, and Ihe (Vonii could nw t he held responsible for such acts.