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Hon. Col. Secy.,
ENCLOSURE 6.
C.0.
0170
Minute by the Crown Solicitor.
137
On the 13th. July, 1900, the Appellants filed a Petition for leave to appeal to Her Majesty in Privy Council, and a notice of Motion for a review of Judgment or a rehearing.
On the 4th. January, 1901, the Appellants filed
a declaration in support of their Petition.
On the 22nd. January, 1901 they obtained an order
to withdraw the declaration filed on the 4th. January and to substitute another in its stead.
was filed,
On the 23rd, January the substituted declaration
On the 34th. January, Mr. B. W. Looker, Solicitor,
filed a declaration in support of the Petition.
On the 18th. February the Petition came on for hearing when Respondent's Counsel raised an objection to the Petition on the ground that it did not disclose that the value of the property in the Dispute was sufficient to support an appeal, and after argument the ob- jection was allowed and Appellants were given leave either to amend the Petition or to file another Petition in substitution for it.
A
No further steps have been taken in Court, but the Appellants' Solicitors entered into negotiations with the Respondents' Solicitors with a view to getting over the difficulty caused by the fact that the Appellants had not given security within three months from the date of the Peition, as required by rule 10 of Her Majesty's Additional Instructions of 21st. January, 1346; they arranged certain terms and then applied to the Government for a guarantee for. £300, Sterling in order to give security the understanding was offered, its form objected to and it was ultimately withdrawn (see my letter to Deacon and Hastings of 2nd. April, 1901) and the Appellants then abandoned the Appeal.
The Appellants' Solicitors excused the delay of over five months between the filing of the Petition and the filing of the declarations in support on the ground that the Line Burning Syndicate whom the Appellants represented had to make up their accounts in order to prove the value of the interests affected by the appeal, and that they (Messrs. Deacon and Hastings) bad great difficulty in obtaining such accounts from the Syndicate: a summary of the accounts is embodied in the declaration filed on 23rd. January, 1901.
(Sa.) F.. B. L. Bowley,
Crown Solicitor,
13th. May, 1901.