SUPREME COURT.

Lyttelton Times, Volume XCIII, Issue 10598, 6 March 1895, Page 3

SUPREME COURT.

IN CHAMBERS. Tuesday, March 5. (Before hia Honor Mr Justice Deaniston.) probates. Probates were 'granted o£ the wills o: Joanna Cleaton (Mr Gotterill), Ephraim Paiatou (Mr Gotterill), John Shrimpton (Mr Stringer), and John Griovo (Mr Stringer). IN BANKRUPTCY. EE GEORGE HARPER AND LEONARD HARPER. Mr Bruges appeared in support of a motion for the Official Assignee to pay trust money to the Union Bank. He said that learned counsel for the other side agreed to an order being made in favour of the Bank for the sum in question, £639 18j lOd. He applied for costa of the motion, and asked hia Honor to take into consideration the unusual expenses of the case. The transaction had taken place in the middle of last December, and since that time the money bad been in the hands of the Official Assignee, who had refused payment. ■ His Honor said the usual rules would ba followed, and granted five guineas coats of the motion. DISCHARGE. Orders were made for the discharge of Charles David Scott (Mr Deacon) and John Lace (Mr Meares). EE JOHN LACE, An order was made herein for the payment of the solicitor’s costs of the Official Assignee. EE G. W. ELL. Mr Ell applied for an order made by, Mr Justice Johnston in 1884 to be upheld. He contended that the official order issued from the Court on Oct. 29 in that year was not in accordance with the Judge’s finding, and he applied for bis Honor’s opinion in the matter to be upheld. His Honor said tho form of the application was that an order of the lata Mr Justice Johnston should be .upheld, but the' real application was that the order issued in 18S4 should be set aside ten years afterwards, on tho grounds that it was not a proper one. The order made then had been concurred in and acted on by both parties, and coming, as it did, officially from the Court, be was bound to consider it unimpeachable. It was impossible to act upon any notes or presumed opinion of the Judge in the matter. Mr Ell said the case would have been brought up at an earlier date had circumstances allowed. His Honor said the application was irregular, and it would be impossible for him to grant it. It was made to the wrong court, and was also made ex pcCrte without giving previous notice. The summons would be dismissed. RELEASES, On the motion of the Official Assignee, twenty-three applications for release were granted. The Court then rose. [Per Pesss Association. ! WELLINGTON. March 5. It the Supreme Court, D. C. Monteith was sentenced to two years’ hard labour on two charges of forgery. In the Supreme Court, Henry Graham, charged with extorting money from Wm. Johnston at Wellington, by threatening to accuse him of an improper act, was acquitted. Pairburn, accused of stealing a watch in Wellington, was found not guilty and discharged. DUNEDIN, March 5. At the Supreme Court to-day the following sentences were passed: Richard Green, breaking into a store, two years’ hard labour. Robert Warrington, assault, two months, George Gardiner and Robert Bent, stealing carpenters’ tools, nine months and three months respectively. The Court was engaged for the rest of the day hearing a charge of arson against Jacob Yinatein at Kaitangata. The jury retired at 6 p.m.and has not yet returned. LAW NOTICES.—THIS DAT. IN BANCO. (Before bis Honor Mr Justice Denniston.) Schulteis (appellant) v. Wilson (respondent).—Case on appeal from Magistrate’s Court, Christchurch. Mr Kippenberger. Be J. P. Act, re John Martin,—Motion to estreat recognisance. Mr Stringer.