SUPREME COURT.

Lyttelton Times, Volume LXXX, Issue 10213, 6 December 1893, Page 3

SUPREME COURT.

IN CHAMBERS. Tuesday, Dec. 5. (Before hie Honor Mr Justice Deuniafccn.) PEOBATS. His Honor grated probata of the will of L. Jackson, deceased, on tha application of Mr Nalder. DIVORCE. Mr Joynt appeared in the divorce matter of Kennedy v. Kennedy, and applied for a eummona requiring the husband to further answer the petition for alimony. The wife had. he said, reason to believe that the husband had a larger income than he had set forth in his answer. An order was now sought to compel the latter to make further and true answer. Mr Stringer appeared contra. His Honor said tha husband could becross- The man was a farmer, and it was hardly possible for a farmer to give exact details of his income. He (his Honor) held tha answer to be sufficient, considering that the man could be cross-examined. No order would he made, but costs would be allowed. Mr Joynt asked bis Honor for directions regarding the trial of the case. His Honor agreed to take the trial before himself alone, and fixed the hearing for Dec. 18. EE SIHPSON AND WILLIAMS. LIMITED. His Honor made an order cancelling certain shares in. re the- Companies - Act, and in re Simpson and Williams, Limited, on the application of Mr Fisher, in regard to another similar application, he said he would prefer to Ist the order stand over until Mr Fisher supplied him with the consent of the remaining shareholders. IN BANKRUPTCY. EE THOMAS MILN. Mr Stringer applied for leave to put in a proof of debt in re Thomas Miln. Mr Joynt. appeared for the Official Assignee and opposed the order. His Honor, after hearing the nature of the proof, dismissed the application. Mr Joynt, for the Official Assignee, examined Thomas Miln, farmer at Southbridge, a bankrupt, for whom Mr Bussell appeared. Thomas Miln deposed that in 1888 he had taken up a farm of 960 acres belonging to his father at Southbridge. He had paid him £343 half-yearly as rent, and £32 as interest on the stock, which was principally sheep. This arrangement continued | for four years, ’at tha end of which ho gave it up, having then another farm of 200 acres in his possession, which he had bought from hia father during the four years at £ls per aero. Had paid this by mortgaging it to a Mr Hurst, who had been willing to advance the £3OOO at 6 per cent interest. Fifteen-pounds an acre was a fair price. He cropped the land, and his father found the labour. Worked for one season only. His father had paid half the interest on the mortgage. Lived on the 960 acres, and managed the farm for hia father, for which he got £BO a year. Was i). widower with three small children, and his father provided the rations. Paid harvesters and fencers on the 2CK3 acres, buv kept no books. The receipts would snow the amount. Kept a book for the 960 acres, but had not recorded his monetary transactions with hia father. Grew on the 200 acres wheat and oats, 100 acres of each, and received £340 gross for them. Did not divide the profits of the two farms with his father. Ha was working the farm entirely for his own benefit" after paying his father what he owed on the land. Bad seasons had driven him into the Bankruptcy Court. Did not live a very fast life. Had had dealings with Mr Victor Harris some six years ago. Had paid him 40 per cent interest and altogether had paid him some £2:10. Had hackl’d bills for David Gilmour, » saddler I at Southbridge, a f?.w mouths before his . bankruptcy, and had divided tha proceeds with Gilmour. They drew bills on one another for the purpose of making money. Harris had discounted one of the bills at

40 per cent, and Phillips another. Had backed bills for William Adams on the same principle. Had been in Christchurch a few days during last harvest, and a wind had blown the grain out of the crop. To Mr Bussell: Had filed a statement showing his losses during the last few years.

Mr Joynt lodged the agreement between the-bankrupt and hia father. In answer to His Honor the bankrupt said that in 1891 ho was in debt, when he bought the farm from hia father. Could not say what he owed exactly. He did not owe £soo—at least he did not think it: was possible. His father at that time had paid all his debts and his working expenses. Did not know what he owed bis father. Had repaid no part of it back. Had had a squatingup in 1892, and since then had paid nothing to hia father. . AthisHonor’arequest.theOfficialAssignee produced a statement showing all debts contracted by the bankrupt. His Honor remarked that the greater portion of the debts had been contracted during last year. As far as he could see from the statements of accounts, the father had everything and the creditors had only tha debts. Miln had incurred debts after becoming a thoroughly rained man. It was an exceedingly unsatisfactory state of affairs. His Honor then declared the examination closed. Mr Bussell asked that the application for discharge should stand over sine die. This hia* Honor allowed. APPEAL CASES. Two appeal cases from Timaru in re A. J. H. and J. 0. Bower were allowed to stand over till next bankruptcy day. IN BE HAEPEE AND CO. In vc Harper and Co. a motion by Mr Beswick in re T. W. Maude, George Harper and Leonard Harper to set aside a certain transfer was ordered to stand till next sittings. The Official Assignee moved for an order in re Leonard Harper for the payment of cost?. His Honor said he would ascertain the practice on the point and make the order accordingly. ADJUDICATION. Mr Kippenbergec moved that Sarah F. Brown he adjudicated a bankrupt. The party did not appear. Evidence having been given as to her position His Honor made the order required. LAW NOTICES—THIS DAY. (Before his Honor Mr Justice Deaniston.) Christchurch City Council v. Christchurch Drainage Board.—Motion for writ of mandamus. Hr Andrews, Timaru Harbour Board v. New Zealand Commissioners for Railways.—Motion for writ of injunction. Armstrong (appellant) v. Hadfield (respondent). Casa on appeal from the Besident Magistrate’s Court, Christchurch. Mr Loughrey. Re Companies Act and Be Maling and Company, Limited, Two motions for orders in terms of petition. Mr Spackman. TPee Peess Association.] AUCKLAND. Dec. 5. At the criminal sittings of the Supreme Court a Native named Meta, convicted of a criminal assault on a Maori girl twelve years of age, was sentenced to eight years’ penal servitude. A gumdigger named Higgins was charged with a similar offence on his own daughter, a child of eleven, bub as the principal witness—the child on whom the assault was alleged to have been committed—could not be induced to answer certain questions tha Crown Prosecutor had to withdraw the indictmentj and by direction of hia Honor the jury returned a verdict of “Not guilty." William Charles Rogers was charged with not having fulfilled the order upon which he was admitted to probation in 1892. G. Boston, Probation Officer, stated that the prisoner was convicted of larceny in 1892, and admitted to probation for twelve months. Last May he was brought before tho Court as & defaulter, and the term of probation extended for six mouths, accused being ordered to pay up the arrears. This he failed to do, and yesterday he was arrested for drunkenness. His Honor sentenced the prisoner to six months’ imprisonment, with hard labour. Henry Charles Hill, for false pretences, was sentenced to six months’ hard labour. WELLINGTON, Deo. - 5. The jury, in the perjury case against Thomas, could not agree, and were discharged and a new trial ordered. DUNEDIN. Dec. 5. The Supreme Court was engaged all day in hearing a charge of perjury against Henry Ginsberg, of Naseby. Accused was sued in an affiliation case, and going into the box gave evidence so contradictory of that of the girl’s witnesses that the present proceedings were brought. The case was not concluded when the Court rose.