SUPREME COURT.

Press, Volume XLIV, Issue 6878, 10 October 1887, Page 6

SUPREME COURT.

SITTINGS IN CHAMBERS. Saturday, October 8. [Before his Honor the Chief Justice.] His Honor sat in the Court Chambers

at 10.30 a-m. BE JOHN" JOSLTN'G, DECEASED. Mr Spademan applied herein for a reference to the Registrar to report as to what remuneration should be paid to the executor-. His Honor made tbe order. . KB -AMES KESTON". DECEASED. On the application of Mr Beswick, probate was granted herein to Frederick and Mary iteston. __$ JOHN DOUGLAS, DECEASED.' Probate was granted to Margaret Douglas,. ■

_U_ MARY GTISS, DECEASED.' On the motion of Mr Bamford, probate was granted to Joseph Kellow. RE WALTER HAKTNEIA, DECEASED. On the motion of Mr Holmes, probate waa granted toKJ. Hartnell and Walter Chamberlain. _UB B. H. HKATON BHODES, DECEASED. Mr Gresson applied herein for the confirmation of the report of the Registrar _s to tbe amount to be paid to the l-xecutor-j. Hie Honor confirmed the report. rk _. o. H. TBIPP. On the application of Mr Beswick, Mr L. 0. H. Tripp was admitted as a barrister and solicitor of the Supreme Court. 'His Honor granted the application, and Mr Tripp was duly admitted, and took the necessary oaths. BE WAXTEB CROFT. Mr Stringer applied for the appointment of Mr Croft as a Commissioner. Hia Honor made the order. M'QUKKN V DOCKEBT. Mr Austin applied for the confirmation ot the report of the Registrar herein. His Honor made the order as prayed. BJK MAQEB TO MOODY. Mr Joynt applied for possession of a certain parcel of Land under mortgage in default ofpayment of interest. His Honor made the order for the issue of a warrant to the Sheriff to give possession of the land. HAINES V THOMAS. This case was postponed till next Chamber sitting.

ELL V "WESTOS, This was an application by Mr Weston to set aside the proceedings instituted by Mr G. W. Ell against himself. Proceedings had also been taken against iMr Ir. Harper,' Mr Hanmer, Mr Bloxatn (the Registrar), and others. Mr Ell appeared in person. The plaintiff prayed that the bankruptcy proceedings should be stayed; that he should bo allowed to prosecute bis action against Harper and Co. ; and that accounts be taken before the Registrar of the Supreme Court, and for accounts. His Honor asked whether the bankruptcy proceedings had not been confirmed by the Court of Appeal. This application was really an appeal against a decision of the Court of Appeal to the Supreme Court. Mr Ell said he had been ad\ ised by Mr Bees, ot Gis borne, that this being an action for specific relief, the merits of the case could be gone into. When the whole matter was gone Into, it would be seen that he had been illegally adjudicated a bankrupt, His Honor said that this was just what he had stated, that the case was an appeal from the Court of Appeal to the Supreme Court. Mr Ell said f** three years he had been suffering under tan injustice, and every step had been taken to prevent the accounts being gone into. His Honor said, supposing for a moment that Mr Ell should not be adjudicated a bankrupt, the decision of the Court of Appeal still remained. Mr Ell said be would ask that the matter should stand over to enable Mr Rees to appear for him. His Honor pointed out that Mr Ell being a bankrupt, how could the defendants get their costs for a costly litigation, provided the plaintiff was proved to be wrong at the trial. However much these gentlemen might enjoy actions at.law they would no doubt prefer to have a substantial plaintiff rather than a bankrupt. Mr Weston objected to the postponement. The declaration was issued in September, and whoever drew it must have known that the summonses to dismiss would bo issued. Mr Bamford, as agent for Mr Bees, said that he intended to ask leave to argue the cases. Had he known there would have been a sitting in Chambers that day, Mr Bees would probably have come down to be present. ,_..,..... Mr Martin.for the Official Assignee and the Registrar of the Supreme Court, pointed out that the cases had been set down for trial at nisi prius on Monday next. His Honor said that there seemea to be some bond fides in the desire of the plaintiff to get Mr Rees to appear for him. He would adjourn the applications until Wednesday week at 9.__ a.m. to enable Mr ; Rec_ to be present to argue the case for the plaintiff. The action at nisi prius as against the Registrar, who had filed a defence that what had been done by him had been in his officii capacity, was postponed till further order of the Court. The Court then rose.