JUDGMENT

Jenkins, C.J. - We were told that he was ordered to pay costs without being found guilty of contempt.

Since getting a copy of the order I find from the judgment that he has been found guilty of contempt.

Jenkins, C.J.

2. That gets over the difficulty of the appeal lying.

3. Yes. The terms of the injunction restrain the defendants only, and nothing is said about their "servants or agents." Notice of the injunction was directed to be served, on Mr. Cameron, the Manager of Messrs. Kendrew & Co., whereas Mr. Marshall is an employee under him. It is not a mandatory injunction, but a prohibitory one. The words " servants and agents have been added in the notice of motion for committal for contempt for breach thereof.

4. I submit (i) that, the injunction being directed to the defendant firm, Mr. Marshall could not be proceeded against for breach of injunction (might be for contempt): see Lord Wellesley v. The Earl of Mornington, (ii) If I could not be found guilty of broach of injunction, I could not be shown to be guilty of any other species of contempt of Court, which is the genus, breach of injunction being a species. I must have an opportunity of tendering an apology on general pri