SUPREME COURT.

Auckland Star, Volume XXIII, Issue 211, 5 September 1892, Page 4

SUPREME COURT.

CIVIL SITTINGS,

THIS DAY.

(Before His Honor Mr JusticeConolly.)

Wm. Taylor and Another v, Ann Taylor and Others, I'Oii Construction or a Will. —In this casu Mr Thorno appeared for tlio plain tills, and Mes3rs Cooper, Cotter, Armstrong and Blades for the defendants, who are fourteen in number.—Mr Thorno applied for a number of alterations in the clauses of the will which had beon agreed to by the defendants. He stated that the questions involved were mere questions ot law, and that ho would apply to have them argued in banco.—His Honor decided that the hearing of tho case should bo deferred until the lirat titting of the Court in banco.

Tub Mackelviu Bbjuest.— In tho caso of Murdock and others v. tho AttorneyGeneral and tlie Mayor and Corporation of tho City of Auckland, for tho Court1 to approve of a scheme to givo effect to tho intention of the late J. T. Mackelvio in connection with the Museum of Art, Mr C. Ef Button appeared for the plaintilVa, and said that ns the matter was ono ot great interest, he would prefer to open the case on some day when the other eases hud beon hoard. — Ilia Honor, after considering the matter, siid that tho case would not come up for hearing before Wednesday.

- A. V. Maksh v,J.U.HACKLKY.-MrVV.E, Burton appeared for tho plaintiff and explained that certain evidence had not yet arrived iroin Sydney, and that they were not prepared to go on with fho caße,—l-lia Honor said he would fix Thursday fortnight, tho 22nd inst., foe tho hearing1 of tho case. It will then bo tried by a jury unless an outside settlement is arrived at before that time.

Maky Gibbons v. Joseph Bowmau.— Thia was a claim for £50 dnmngos, und for an injunction.—Mr Muhony appeared for the plaintiff, and Mr Cooper, instructed by Mr Thorne, appeared for the defendant. —Mr Mabony explained that the plaintill', Mary Gibbons, waß- in possession of a block of land at Kaiwaka, and that tho dofendanb owned the adjoining piece of land. The plaintiff alleges that the defendant placed his fence on a portion of land which belongs to her und has been in her possession for the last '28 years, and that he did make use of the same land. Tho plaintiff therefore claims damugea for trespass on the part of the defendant. She also claiicf a refund of the expenses she has been involved in through the erection of the fence, and ask 3 for nn injunction ordering him to remove his fence.—Mr Tole, authorised surveyor, gave evidence to the efieefc that he had rodotined ' the line between Ikuranganui and Pukekararoa blocks in 1857. This lino was also at one portion of ib the division line between Mrs Gibbons' farm and Mr Bowmar's. Last year at the instance of Mrs Gibbons he wont over the line again, and found it was identical with the one he laid down in 1891. The amount ot encroachment by Mr Bowmar was altogether about an acre and a half. It lies along tho line for about 20 chains, and varies in breadth from 35 links to 63 links. Witness reportod the fact of the encroachment to the chief surveyor. He had since seen reports made by some one sent down, he believed, by the Government to investigate the matter, i (Lefb sitting.)

(BY TELEGRAPH.—PRESS ASSOCIATION.)

Wellington, this day.

At; the Supremo Court this morning Wm" Potter, for tho larceny of a number of over* coats from the cloak room of the Working Men's Club, was sentenced to 12 months' hard labour. A second charge of larceny of a revolver from a pawnbroker's shop, broke down, tho prosecutor being unable to identify the weapon. A charge against Lawson of obtaining money by false pretences is now being heard.