His Honor: I should like to person ally examine him, I have to make in quiries, Sub-section i says that the Court shall make inquiries and shall not be bound to postpone the trial, if it is satisfied that irreparable injury would be dono by the action. Mr Bunny: All that I havo to do is to filo tho affidavit and that has been done. His Honor: I cannot, understand .how his attendance horc to-morrow will pre vent his being present in Wellington on Monday. Mr Bunny: Well, as I havo said, tho Act contemplates that the member will be occupied in regard to his Parliament ary duties ten days before the meeting of Parliament, His Honor: It docs not follow that because it is ten days before the meeting of Parliament that I am bound to ad journ the case. I don't say that the affidavit is false, but I have to make in quiries. Mr Bunny: The Act is conclusive, I appears to me, that the application must be granted, if it is made within ten days of Parliament meeting, unless irreparable injury will bo caused. Mr Hobinson submitted that the course ho was taking under* Ik circumstances was the proper one. Tho Amending Act did not repeal tho old Act in any sense whatever. Therefore the pre-amblc in the old Act was still in full forco. Con tinuing, Mr Eobinson pointed out that the original Act was passed when mem bers of the Legislature had to go to Auckland. His Honor: Mr Homsby lias filed the affidavit. He has shown that the case comes on within 10 days of Parliament. He has dono everything to entitle him to apply. Under section 9 you canshow mo that the application must not be en tertained if irreparable injury will be caused,

Mr Eobinsoni I propose to call Mr Moriarty to show that, His Honor repeated that he could not see why MrHornsby could not attend there the next day, and bo present in , Wellington on Monday, Mr Homsby might be ablo to explain, Whore is Mr Hornsby ? Mr Robinson i Ho has two counsel here, but neither of them seem to know. Mr Achcson replied that Mr Hornsby Was leaving Carterton the previous day to attend to political business of a very important character. 