SUPREME COURT.

Globe, Volume XXIII, Issue 2250, 18 June 1881, Page 3

SUPREME COURT.

SITTINGS IN OHAMBBBS. Friday, June 17. [Before His Honor Mr Justice Johnston.J His Honor sat in the Court Chambers at 11 a.m. BE DEED OP ASSIGNMENT OP BUNKEB AND BON. Mr H. N, Nalder applied for on order declaring the deed of assignment duly executed to O. B. Taylor as trustee. His Honor made the order as prayed. CBEDXTOES’ TRUSTER OP JOHN PBASBB ANB OTHEBS V BROWN AND BEAUMONT.; This was a settlement of issues. Mr Garrick said he was prepared to admit the first twenty issues, and from No. 22 to 26, both inclusive. This would leave nine issues to be settled. His Honor said that the issues had been settled, and the time of trial fixed. Leave bad also been given for variation of issues. Several issues proposed by the defendant were agreed to. EE DONALD CAMPBELL, DECEASED. Mr Harper applied for letters of administration to Peter Campbell as father of deceased, and read an affidavit of the chief cook of the s.s, Tararua as to the death of the said Donald Campbell. His Honor made the order as preyed, and approved of Messrs Bobert Sutherland and John Anderson as sureties. BE DANIEL CEONIN, DECEASED. Mr Izard applied herein for probate to Timothy Cronin as executor named. His Honor made the order as prayed. BE WILLIAM SHANLY, DECEASED. Mr Izard applied for probate herein to Isabella Shanly as widow, reserving leave to James Beston to oome in and prove. The order was made by bis Honor. BE ALPBBD PENNELL, DECEASED. On the application of Mr Loughrey herein, probate was granted to Sarah Fennell, sole executrix. BE JAMES LAYTON, DECEASED. Mr G. Harper applied herein for probate to Sophia O. Bhodes as executrix named. His Honor made the order as prayed. holmes t holmes. Mr Harper applied for an order settling time and place of trial. Mr Holmes appeared for the defendant. His Honor fixed the trial for Monday, 18tb July, at Christchurch, by special jury. BE PETITION OP M. A. EEANDON. Mr Bruges applied herein for an order confirming sale of property. His Honor made an order confirmatory of the sale. WHITE T A. ST. G, HAMERSLBY. Mr Harper applied herein for an order settling issues. Mr Joynt appeared for the defendant. His Honor settled the issues. Mr Harper applied for the trial to be had in Christchurch. Mr Joynt objected. The proper place to bear the action was Timaru. The real fact was that the case had been put over the Timaru sittings so as to come to Christchurch. His Honor felt that Christchurch was the proper place to try the case. Mr Joynt said that various members of the profession and himself had tried to arrange 1 this matter for the honor of the profession. After some further argument the question i of place of trial was not fixed, the issues only , being settled, IN THE MATTEE OP H. D, MONK, HOTEL- • KEEPER. ; Mr Harper applied herein for a rule nisi 1 directed to the Licensing Court of the die-

triot of Rangiora, to show cause why a writ of mandamus should not issue calling upon them to grant a license to the Club Hotel, Rangiora. The case was a novel one in the Court, but he (Mr Harper) was supported by English authorities. They were now applying under section 31 of the Licensing Act, 1873, which gave the Bench a discretionary power to take notice of any objection to a licensee, though such shall not have been brought before them by an objector, bufc'that I the Court must then adjourn, and full notice of the objection must be given to the applicant. The Bench, without giving the notice or adjourning the case, refused the application. What they now applied for was a rule nisi, calling upon the Bench to show cause why they should not call a meeting for the purpose of giving notice to the applicant, and allow him to be heard. (Authorities cited— Queen v Farquhar and others, 9 L.R., QB., 258; Queen v Justices of Ohertsey, Magistrates’ Cases, 47 L.J. 104; Queen v Sykes, 45 LJ. Magistrates* cases, 39; Queen v. Bales, 42 “Law Times.”) His Honor granted a rule nisi, returnable

on tno 21st mat., in Chambers. BB JAMES BLAOKLBK, DECEASED. Mr Garrick applied for probate to John Bkckler, reserving leave to James Blackler, His Honor made the order as prayed. EEGINA T JOHN MDBPHT. Mr Harper applied herein for a rule nisi on the judgment of the Oonrt of Appeal. His Honor pointed ont that the prisoner would come up before the next session of the Supreme Court for judgment on the certificate of the Court of Appeal.

Mr Harper said he should appear and ask for the discharge of the prisoner. His Honor said that the case etood thus, | that the general judgment was reversed, on the ground that two counts were bad. The case was remitted to the Court below to give a proper judgment, and this would be that the prisoner be discharged on the two bad counts and sentence the prisoner to a sentence which would be the complement of the original one on the two good counts. It would then be for Mr Harper to move as he might be advised. Mr Harper said [he should be prepared to show from English cases that the prisoner was entitled to his discharge. His Honor pointed out that the certificate of the Court of Appeal reversed the judgment on two counts, and sent the case back for the proper judgment to be pronounced, which

must be done at the circuit sittings. Mr Harper desired to point out that, as the judgment had been reversed as a whole no judgment existed, and therefore the keeping the prisoner in custody, though not illegal, was wrong. What he desired his Honor to do was, that the rule nisi should be granted, and upon the return of it the Crown could be represented and the matter argued. If his Honor was of opinion that the prisoner was not entitled to his discharge he should then be brought up for judgment. His Honor had no objection to this being done. The only thing was that the next sitting in banes would not take place before the July criminal session. What he intended to do was to direct the gaoler to bring up the prisoner at the next sitting of the Supreme Court. He thought that Mr Harper would not get more than this by his obtaining a rule nisi, as when the prisoner was brought up he could more in arrest of judgment. Mr Harper agreed to this course. BE B. MOHE, DECEASED. On the application of Mr Douglas probate was granted herein to Harriet Monk and John Boberts. BE THOMAS QBAHAM, DECEASED. On the application of Mr Bruges, His Honor made an order granting probate to Ellen Graham as executrix.

EB EDWA.HD BOSBITEB. Mr Salter applied herein for the discharge of the debtor.

His Honor granted the discharge of the debtor.