LAW AND POLICE.

New Zealand Herald, Volume XX, Issue 6821, 27 September 1883, Page 6

LAW AND POLICE.

SUPREME COURT.—In Banco. Wednesday,' September 26. [Before Mr. Justice Gillies.] The weekly sitting in banco was held'this morning, and the following business disposed of:— Bankruptcy. Re William Alexander Hunt.—The debtor came up to apply for his discharge. The petition was filed on the 10th of August, and the first meeting of creditors on the 18fch of August. 'JLhe particulars of the estate have been already published. Mr. James Russell appeared for the debtor, and said that the creditors had passed the usual resolution and given their certificate to the debtor.—His Honor said the statute had been complied with ; the report of the trustee was not unfavourable.—Discharged. Re Susan Robinson.—Mr. George appeared for the debtor in this case, and applied for her discharge. The-particulars have been already published—His Honor eaid the papers were in order. The creditors j had given their certificate, and the trustee a report was not unfavourable to the debtor.— Discharged. Re James Walter Waller (Deed of Arrangement),—Mr. Lusk, for the trustees, applied for an order declaring the deed completely executed.—His Honor said the Act had been complied with.—Order made in terms of application. Bigh-stbeet Independent Chapel.— This was a petition by Alexander Macdonald, James Rout, and Joseph Potter, and Samuel Rout, praying that this property might be eold, under the Settled Estates Act, the proceeds to be applied to the purchase of land and the building of an Independent or Congregational Church in the district of Mount Jiden.—Mr. James Russell appeared in support of the prayer of the petition, and asked the Court that the hearing might be ad-

journed to the next Banco sitting.—His Honor: I would invite your consideration, Mr. Russell, to the deed, in order to see whether the trnst has not failed. If that be the case, the land would revert to the heir-at-law. —Mr. James Russell.- I have looked into the matter, although I havenot examined the subject very closely. Bnt it appears to me that if there had been a failure of the trust, the fee simple would vest in the trustees. — His Honor : No ; in the heir-at-law. If there were no heir-at-law of the " settlor," then it would vest in tlie trustees. The trust here fails for want of a cesliti qui trust; there is no congregation.—Mr. James Russell: I submit, your Honor, that in this and similar cases, the benefit is not for the . particular congregation, but for tbe whole denomination. —His Honor : I can scarcely think so. I shall look into the matter more carefully, to see whether, the trust having failed in such a case, the trust property reverts to the heir-at-law of the " settlor." If there be no heir-at-law, the trustees, I should think, would hold it.—Adjourned accordingly. Stevens v. Darrow and others. —The Matamataiiarak-jke Block.—This was an application for an injunction to restrain the Registrar of Deeds from registering the title of the defendant to t'ue above block. This is the block of land which was the subject of correspondence between the plaintiff and the Under-Seeretary of the Native Office, in which originated a charge of "offering a bribe to a public officer," disposed of at the last sittings of the Circuit Court. It appeared that the defendant claimed to havje purchased from the natives, exclusive of some timber rights belonging to a third party. The plaintiff claimed to have a prior right by purchase. The order of events appeared to be as follows : —Cadman agreed with certain natives for "timber'rights.". Plaintiff agreed to purchase lanJ, aud got his deed through. Defendant secured transfer of the same block, agreeing to preserve Cadman's "timber rights." The plaintiff entered a caveat to protect his deed. The negotiations appeared to have been conducted with considerable diplomacy on the part of

the native extending over a period of teD years. There were, therefore, do less than three competitive interests involved— viz., the interest in the timber upon the land which belonged to Mr. Cadman, Darrow's transfer, and the deed of W. V. Stevens (the plaintiff). The defendant appeared to have got his transfer first, and applied for registration. — The Registrar gave notice of the application to the plaintiff, who also claimed ; hence the application for an i injunction to restrain the Registrar from issuing certificate.—The hearing of the applicati"n for injunction was adjourned. Marshall v.'Baylet. —This was a motion for a decree directing the defendant as one of the trustees for the plaintiff (Jane Marshall) to pay trust money, assigned as a settlei ment by her husband, William Marshall, who died in 1873. It appeared that the trustees gave a portion of the trust money to the late William flalse to be invested for the benefit of the trust. Halse died on the Slst of April, ISS2, " hopelessly insolvent," and it was found upon investigation that he had approbated large sums of money entrusted to him for investment. It was found that a sum of £464 belonging to Marshall's trust was missing. The action was tried before a jury, who found the following issues among others:— That the trustees dealt with the £1000 in certain ways ; that Halse was insolvent and misappropriated the money; that the plaintiff had received interest on the fund during Halse's life.—The plaintiff prayed that the Court would direct an account to be taken, and would order that the trust moHey should be paid to the plaintiff.—Mr. Tyler paid that Mr. Hesketh was unfortunately absent from temporary indisposition, and asked that the argument be adjourned to the next banco sitting.— Adjourned accordingly.

MEETINGS OF CREDITORS. Re BxyjAMiK Ellis.—A first meeting of creditors in this estate was gazetted to bo held yesterday, in the Supreme Court building. The debtor was described as a bootmaker. The liabilities were set down at £256 Is 7d. There were no creditors present, and the proposed meeting was postponed till Thursday morning, at eleven o'clock. Re Moir Brothers.—The debtors in this case were described as bush contractors. The liabilities wers set down at £135 17s 6d ; assets, nil. There were no creditors in attendance, and the meeting was postponed until Thursday morning. DISTRICT COURT.— Wednesday. [Before E. O. Soth Smith, Esq., Judge.] An adjourned sitting of the Court was held this morning.

Eljas v. J. and A. McLeod.—Claim : £100. Mr. Cotter for plaintiff; Mr. S. Hesketh for the defendants. This case (action for damage to land by timber floating) was resumed this morning, when the evidence in support of the defence was called. Andrew McLeod deposed that lie had had several conversations with the plaintiff and Hamilton, who owned the adjoining land, about floating thie timber down this creek. He (witness) made no offer, out aftsr a conversation there was an understanding that he would give £5 and a security of £50 to each of them against damage to their land. It was not witness's fault that that arrangement was not carried out. He knew the bridge on the plaintiffs property. Heard Elias say that it had been repeatedly swept away by the freshes.- The creek was a good creek for floating logs. The bridge could be built for £5 or £10. There wa3 no injury done to tho land. Any land that was carried away was taken by the freshes. Wiiliam Drinnan deposed that he could put up a bridge like that whieh belonged to the plaintiff for about £8. S. S. Rapson deposed that the value of tho bridge would be about £5, not more. The witness said he lived on the creek lower down than the plaintiff, and could not perceive any damage done by the defendant's logs floating Edward Scott, Robert Scott, Frank Little, and Georgu Harris, gavo evidence as to the character and tho manner in which the logs wsre taken down so ac to avoid damage to the bank. Curti; Moore, manager of the Helensville Timber Company's Mill, gave similar evidence as to the efl'ect3 of floating timber down such a creek. He considered this particular croek very favourable for floating timber. Wharfpouri, an aged native, Wiremu Pomore, a native clergyman, de' posed to having seen canoes go up tbe creek after rains. Several of the natives deposed to the fact of trees having been felled aud thrown across the creek. Some of these Were in the creek, aud it was suggested by the counsel for the defence that these obstructions to the course of the stream caused an overflow of the banks. It was averred by some of the witnesses that a portion of the damage (if there was any) proceeded from this cause, and that the damage was, in any cafe inconsiderable. Counsel on either side ho,vißg addressed the jury. The case waa adjourned to Thursday morning, at 9,30 a.m.