!f"raox oub ooßßESPoifDiirr.} NEW PLYMOUTH, October 14. .t AC the Supreme Court, In Chambers, /Mr Samuel appeared on behalf of the Ifaranaki Herald, also Mr Corkill in sup- J>ort of the summons on the plaintiff *pynott, to show cause why he should not deliver a notice stating whether he accepts ithe sums paid into Court by the defen dants in the libel case. The affidavits showed that defendants had paid into aCourfc £2 in each case, and that no notice had been served by the plaintiff Mynott, [although about ten days had since elapsed [and the defendants, the Herald, and Mr Corkill, were therefore inconvenienced through not knowing whether plaintiff intended to proceed. Mr Samuel read the rule of the Court No. 215: — "The plaintiff shall within seven days after receipt of notice of such payment serve upon the defendants-notice stating whether he accepts the sum paid into Court; such notice shall be in the form of No. 15 on first schedule. Form No. 15—" Take notice that the plaintiff accepts the sum of Jβ— paid by you into Court in satisfaction of ns claim in respect of which it is paid in " 2|r Samuel submitted that nothing could Dfe clearer than that after receiving notice dl payment plaintiff must within seven lays deliver notice whether he accepts the Him paid iv or not. It was impossible to construe " whether" otherwise than neces sitating the delivery of notice, not only if te accepts, but if he does not accept, were it only necessary to serve a notice if Be accepts, the word "if" would have Seen need instead of "whether." Mr SJtandish contended , that whether tias synonymous with If, and the !srm being only adapted for use if Iβ accepts corroborated that view. «r Samuel, iv reply, pointed out ,£at by rule 561 such variations were to be |isade in the forms as the circumstances of jpjgiy particular case may require. In this (ease if plaintiff does not accept, &c, surely fc only required a knowledge of the Eng- Usb language to see that ** whether" could fot mean " if." The Registrar, Mr Haw em, supported Mr Standiah's view, and ■eld that no notice was necessary unless jjiaintiffaccepts, and that" whether" must fe read as "if." The summonses were dismissed, with one guinea costs in each.
