(1.) WE consider that in this case leave to appeal to the Privy Council ought to be given.
(2.) BEFORE parting with the matter, we desire to point out the undesirability of the prolix affidavit filed on behalf of the respondents, which contains a great deal of unnecessary and argumentative matter. We shall not take any drastic step in this case; but for the future we give this warning that if any such lengthy and argumentative affidavits are put in unnecessarily, we may penalise the attorney of the party who puts in any such affidavit by disallowing his costs.