The Archive · 1924

Question of Appeal

'Mr. Holborrow' then raised the Guestion.of costs.

'Mr, Wilkinson objected to costs Séing@given in this case, since' he contended that by law the Crown could neither pay nor receive costs. The Judge held that in this case the defendants were sued not mere as servants of the Crown, but servants of the Crown exerci their public duties towards pablic as. such, -at it seemed to im that the ' rule~whereby the Crown. neither nor received costs could not.apply in this case. Plaintiffs, therefore, would receive costs.

Mx, Wilkinson then raised the question of appeal. - He pointed out to his Lordship that before any steps to appeal could be taken, the facts and records would have to be placed in much higher hands. than his. In those circumstances asked whether the Court would Jagres to extend the usual period of 15 days allowed before any decision of the Court were carried out.

The Judge replied that he could not do this. The period of 15 days was a fixed period daring which defendants could make their appeal to the Privy Council, It'eould not be altered, He reminded Mr.

Wilkinson "that ample time was ven after notice of appeal had once wen made for the ease to be prepmnwhile an order would be made delaying execution lof the judgment within that period.

Text read from the printed page and cleaned; old type leaves the occasional error.

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