At HIM, Supreme Court on Thureday application was made to his Honour Judge Skinner Turner for leave to appeal against the judgement for defendants in the case of Tam Wa v. Messrs. Atkinson Dallas, the case involving an important point concerning the rights of property owners in respect to easements of light and air. The case in question is the first of its Kind to be brought up for decision in the Supreme Court.
Mr. R. N. Macleod made the application on behalf of plaintiff, and Mr. M. Reader Harris appeared for the defendants.
Mr. Macleod read an affidavit iby Mr. J. Ambrose, declaring the value involved in the dispute to be over £500, thereby establishing the \right of appeal, under the _provi-hsiens of the Order in Council.
Mr. Reader Harris agreed that lin the circumstances, plaintiff had a right to appeal. The only question was, as to the terms on which leave to appeal should be granted. He asked that the taxed costs of appeal should be paid on his undertaking to return them in the event
ful.
plaintiffs appeal being success-
His Lordship observed that, apart from the matter of value giving plaintiff the right to appeal, he would have listened with the utmost sympathy to any suggestion that the case was a fair and proper one for further proceedings.
Mr. Macleod—I thought that would be so, but as I could put it as a matter of right. I did so.
On the question of security, Mr. Reader Harris said the case was Jone which would involve a good deal of expense. Tt was one of great importance, and very able counsel would have to be engaged. He therefore suggested that £500 would not he too much to ask plain-to provide in this case.
Mr. Macleod further applied for 3 continuance of the order whereby jthe lot in question may "not he jtransforred out of the jurisdiction nending determination of the: action. unless in connexion with a hon file sale or transfer.
His Lordship granted plaintiff's javplication, and fixed security at £350.
Text read from the printed page and cleaned; old type leaves the occasional error.