LAW AND POLICE.

New Zealand Herald, Volume XV, Issue 5310, 22 November 1878, Page 3

LAW AND POLICE.

BANKRUPTCY. Thursday, November 21,

Re Caiider Brothers.—Mr. Thorna nppearerl for the delitore. In this case a meeting of the creditors was helil for th« purpose of electing a trustee to administer the estate. The liabilities were Bet down at £918 17s 4(1, and the anets £Gi nominal. The debtors carried on business aa potters, under the above name. Mr. E. L. Cardno occupied the chair, and after some dincussion of tho schedule, Mr. Thomas Jlacffarlane was elected trustee.

RESIDENT MAGISTRATE'S COURT.— Thursday. [Before R. C. Barstow, E (j., R.M.] The weekly Bitting of the Resident Magistrate's Court for the determination of small debt Crises was held thin day, and tho following business was disposed of— C. De Thierkt v. E.- 0. Thomas.—This was a claim for £9 8s Gd, and was in the form of au application to have evidence taken at Motueka. Mr. Tyler pointed out that there was nothing before the Court. The day of hearing was fixed for hist Court-day, and as it was not then called on and adjourned, the Court had now no power to de?.l with it. Mr. Lodge, Clerk of the Court, said that it was his mistake that the case was not set down for last Thursday. Mr. Dnfaur, who Appeared for the plaintiff, Baid that plaintiff could not be damnified. He had himself applied to hare his evidence taken at Motueka, instead of appearing in Auckland. Mr. Tyler argued that, as the case had not been adjourned, it must now lapse. The defendant was summoned to appear before this Court on the 14th, not on any subsequent day. His "Worship said be must hold that the case had lapsed. Mr. Tyler said that, the ruling being in his favour, he would consent to have the caso dealt with as if it had been adjourned from last Court-day, and applied for tin adjournment for a further fortnight. Mr. Dufaur agreed to this arrangement, and the case was adjourned. Judgment for Plaixtiit. —James Davey t r . William Tremble, claim £G lis Gd. I

S. Brooking v. R. Da Thierry.—This was a claim for £20. Mr. Theo. Cooper appeared for | th# plaintiff, and Mr. Tyler for the defendant, i The defence was that the plaintiff had never received any money from the defendant. Mr. Cooper stated the transaction arose out of certain negotiations for land in Ivaipara, in which Mr. Brooking acted for Mr. Harding, tho purchaser, and Mr. De Thierry conducted the negotiations with the natives. Mr. Brooking's demand was for £20 for commmission, as the portion agreed upon out of the sum of |£100 paid by Mr. Hardinff to Mr. De Thierry as commission. The plaintiff deposed that he was acting aa agent for Mr. Harding, of Napier, in September, and opened negotiations with Mr. Da Thierry about a block of land in Ivaipara. The amount agreed upon was £3000. He attended at Mr. Kemp's office with defendant and tho nativog to complete the purchase. Considerable discussion took place, and witness was told the natives would only pay £100 commission, and that Mr. Harding would have to pay £100. Defendant agreed to pay plaintiff £20 out of this £100. Subsequently Thierry said he could not afford to give him more than £10, and they had high words, and he offered plaintiff £10. Mr. Harding, a sheenfarnaer of Hawke'a Bay, said he bad known Mr. Brooking for several years, and called to see htm when in Auckland. Told Mr. Brooking he was open to buy a block of native land if the land and prico were suitable. Mr. Brooking went with him to Mr. Do Thierry. Gave Mr. De Thierry a cheque for £100, as commission. Ho understood that Mr. Brooking claimed a part of the amount paid as commission. Mr. Tyler said there was uo proof of Mr. De Thierry being bound in any way to share t.hc commision to which bo was entitled with tho plaintiff. His Worship thought that the particulars had not been proved. He thought £10 ought to be paid as it had been offered. That £10 might be recovered if the 1 action had been brought in another way. Non* j suited with costs, £4 10s. i

Casks Aujouhkeo. — Goodenough Cold Mining Company v. O. M. Crcagh, £13 15s, calls due ; adjourned for a week. W. Munro t\ McCaba aud Walsh, £4 14s Od } adjourned for a fortnight.

POLICE COURT.—Thursday, [Before J. A. Tolc and A. Clements, Esqa., Justices.] Druickekness. —One person was punished for this offence. VAGRAycr.—Annie Hooper was charged with a breach of the Vagrant Act, by beiug tho occupier of a house frequented by reputed thieves and persons having no visible lawful mean* of support. On the application of Mr. Pardy, the case was adjourned.

Negligent Parent.—Henry Green did not appear to auswer a charge of failing to pay for the support of his child in tho Industrial School, and a warrant for his apprehension was ordered to issue.

Merchant Shipping Act.—Henry Taylor was charged with being absent without leave from the ship Glenlora. Afc the request of the captain, upon the man stating that he would return to his duty, ho was discharged.—Edward Tomlinson, who was similarly charged, wag treated in like manner.

Ship Desertion.—John Breen, "Walter Ed. Merritt, and Petor Doall, charged with deserting from the ship Glenlora, wex*e each sentenced to fourteen days' imprisonment with hard labour.

Larcuky.—Joseph Munden and John Loveman were charged with stealing 401bs. of curled hair, worth 40s, the property of Holloway and Garlick, duriug the present month. The caso was remanded.

t Attempted Arson. — John McComisli, u littld boy ten yearß old, was brought up on a chargo of attempting to set fire to a house in East Newton. On the application of Mr. Pardy, a remand until Monday was granted.