LAW AND POLICE

New Zealand Herald, Volume XX, Issue 6820, 26 September 1883, Page 3

LAW AND POLICE

. SUPREME COURT.—JTOGE'S Chambers. I ~ Tuesday, September .25. . . 1 ._ [Before Mr. Justices Gillies.] Probate and Adminkstration. Oa the motion of Mr. Lusk an order was made to register the will of Archibald Hepburn deceased.—A motion by Mr. Keetley for letters of administration in the estate of Edward Wilson was adjourned for the purpose of filing additional affidavits.—On the motion of Mr. Hesketh administration was granted, with will annexed, of the estate of Hsnson Harrington Thomas, deceased.—On the motion of Mr. Hesketh probate was granted of the will of Susannah Rachel Sanderson, deceased. Leases and Sale of Settled Estates Act, 18G5.—In a motion in the name of Mr. Keetley for an order upon the petition of Jacob Burrows and others to assign or sub-let certain property near the Market building, the Court ordered that the application should stand over. Law Practitioners' Act, ISB2. — Mr. Earle moved for taxation of a bill of costs delivered by Messrs. Laishley and Jackson. —Referred to the Registrar. Debtors and Creditors Act, 1876 Mr. Gaerge, on the petition of L. D. Nathan and Co., for adjudication of bankruptcy against James Daley, of Hamilton, applied for directions as to the mode of serving summons.— Ordered that the summons be served on the debtor's attorney. BANKRUPTCY.—Meeting or Creditors. Re John James Whiston.—A meeting of creditors was held yesterday in this estate, in the Supreme Court Building. The debtor was described as a labourer, living in Cob-den-street, Auckland. The liabilities were set down at £31 19s. There were np assets, j and Mr. Thomas Macffarlane was elected I creditors' trustee.

DISTRICT COURT. —Tuesday. [Before H. G. Seth Smith, Esq., Judge, and a Jury of ■ ifour.J William Elias v. J. and A. McLeod.— Claim: £100. Mr. Cotter for the plaintiff; Mr. S. Hesketh for the defendants. This was an action to recover damage'done to the plaintiff's land by reason of the defendants driving a number of timber logs down a creek' known as the Waitoki Creek, in the Wainui district (Wade). The defence was that the creek was a navigable stream. To this the plaintiff replied that they could have obtained permission. under the Timber Floating Act, 1573. - The defendants rejoined that the damage claimed was not done. William Elias, plaintiff, deposed that he is a settler at Wainui, near the Wade. He had resided on his land there for seventeen years. Witness owned lots 29, • 142, and other lots (plan of Waitoki Creek and adjoining lands with title deeds, &c., put in). About eighteen months ago Andrew McLecid said he had bought Jemmy Johnson's timber, and asked permission to bring it through witness's land. Witness did not consent at that time. He said he had spoken to Hamilton, another settler, and asked witness to go with him ,to Hamilton's to talk the matter over. Andrew Mcueod said he would give £5 for damage done, and was willing to enter into a bond of £100 as security for any dan age.that might be doLe by floating down the timber, j, Both witness and Hamilton suspected that the McLeods were in collusion with; parties higher up the river to drive timber down the creek.......They said they would consult a solicitor in Auckland. Andrew McLeod said he could drive timber down the creek if they pleased, because it was a " public highway."- Notwithstanding what had ..been stated, timber was ~ put/.i . inW"i ' ''the.'..- by thedefendants. -It .was put"'into the creek about August Jor September, and got down to the plaintiffs place oh the 24th of February, carrying away a bridge which witness had 'maintained for sixteen years. Witness would not like to put up a similar bridge for less than £40 or : £50. The striking of the logs against the banks tore away the soil. There was a, flood the; following May. Mr. S. Hesketh*'submitted that the damage done subsequently to the 24th February could not be. material to the present enquiry unless it had been, stated; in the particulars. It was not mentioned in the particulars, and the par- , ticulars ■: were thefore insufficient. Mr. Cotter - contended: that, the damage done by these legs was continuous from ' the moment they were put in. the creek. His Honor thought the trespass was com.mitted when the defendants Went' upon the plaintiff's land and put this timber into the creek.: . ,The damage done by the timber was Continuous from the time they, were placed there.The witness further deposed, that' he estimated the damage to the land at £40. He would not have had. it done.for twice £40. Ho estimated that -he; . hail .sustained. £10 damage through inconvenience to which he was put in consequence of being unable to get access to certain parts of his land.' He never, knew of this creek being used for floating ..timber iuntil ' this''•occasion." The creek-., is. almost " dry ■ in- the summer. The.plaintiff, in cross-examination by Mr. S. Heskech';->said, that..: the bridge had, 'been partially swept away-by former floods, but ..by-, giving "it . a .cant up , the ■ creeks and* strengthening the stringers,'he had made it strong ..enough •to . resist the current; 'In that way. it could be made strong enough to 'resist any .flood. ...He. had also lowered it, so as to. imbed the ends of ; it.more firmly in the bank. He admitted that it,was difficult, to (estimate the damage doue to land in that way. /. Hamilton, referred to in tue .above • testimony;'.'.was also examined, . and corroborated '-the plaintiff's.; evidence. The plaipitiff's.wife ; and a witness .named 'Froude gave corroborative testimony. The case was not finished when the Court, rose, and wU! be resumed this morning. ■ ■■ ■' '..

POLICE. COURT.—Tuesday, [Before Messrs. E. Isaacs and F:- Ma^uire,-Justices.] •. Mills alias Patty,, wa3 charged on remand with having been drank'.and* disorderly m Newmarket. ■■■' The case had been remanded from the previous 'I'day-.for'thevproductibn-'tof-etorrbborativo■..cvi-■ .dence. as'..:to , .-'prisoner , s'vconduct;. . He,now; pleaded guilty. A fine of ;20s and costs, or (in default) seven days' imprisonment, was. imposed,—John White Hardie, whe had: been on remand for seven days suffering from delirium .tremens, was. charged with, a third offence, and fine of 20s. and costs, or ' (indefault), sev (in days was.imposed ; in addition to a charge of. for niaiutenanc'e while he was under treatment. One man was fined, 10a and .cdsts,, with, the .alternative, of fortyeight hours' imprisonment, lor a second, ollenco. ■ Embezzlement.—John Louis Thompsson, alias; -Thomas * Thompson, was .-charged on : warrant with embezzling the sum; of £1, the property ' of- William Lilly . England,. at -Normanby,' on the: 9th of; June; also with stealing £14, the property of-Andrew Neilson, at Ingtewood, on the 6th of July. Mr. Napier appeared for the accused... Sergeant White asked for a remand till-next day, in order to have the accuaed..identified as the man named in the warrants. Mr. Napier said he could not oppose the application, but there were, no grounds for.the arrest of the accused; who was a highly respectable man, 1 and who tiad:held responsible positions. 1 He applied to have the accused admitted to bail. Bail was fixed in. accused's own recognizances of £25, and a surety fo a like amount. ' False Pretences.— Fri'dk: Benj. Charles Duval; on remami, was charged with obtaining .£1 from. Samuel Coomi;es .by false pre.teiices,, ,to ..\vit, a, valueless! cheque, with intent to defraud,; .on-the S;h L ,iristant. Mr. Browning appeared. ...for tho defence, and pleaded., not; guilty.! - He explained that a draft for £100 bail arrived to the Bank of New South Wales. This was to be transferred to the Bank of New Zeuland. ..It was in the name of Mr. Hardin, . who unfortunately 'had' been : arrested for. drunkenness, and hence the mistake. , Mr.:-Hardie gave evidence;.that the money was to his credit in Duval, .and was at once available. " These,*; Air. Browning said, were the facts'of the cass, . and there was no felonious intent. As' soou as Dr. Duval found he could not see Mr. Hardie in time to gel the i,money transferred, he went to Mr. Coombes and offered him the £1, but it was refused on the ground that the, cheque had been given to the police.' The accused .was discharged. ; . . Deuhk and' Disorderly.—Mary Williams alias King, and John King were charged under the Licensing Act with being drunk and disorderly in Kyber Pass Road. Constable Dcwe3 described the conduct of accused, and they were each fined 20s and costs, with 'the alternative of seven days' imprisonment. „ Wandeking Hoese.—Wm. Trevenne was oharged with allowing his horse to wander in Albert-street. He admitted that the horse broke out of the stable, and a fine of 1b and costs was imposed.