LAW AND POLICE.

New Zealand Herald, Volume XXIII, Issue 7649, 28 May 1886, Page 3

LAW AND POLICE.

SUPREME COURT.-IN BANCO, Thursday, Mat 27. [Before His Honor Mr. Justice Gillies.] Orders of Discharge.—Orders of discharge were granted to the following bankrupts : — Henry Flavell, on the application of Mr. Devore, who appeared for Mr. Alexander; Harry Bennett, on the motion of Mr. Devore ; Thomas Asher, on the motion of Mr. Oliphant; and Joßiah Bethell, on the motion of Mr. Franklin. Patrick Gordon, bankrupt (deceased). — This was a motion made by Mr. Rigby (for Mr. Thorne) on behalf of the Official Assignee, for an order in terms of notice of motion, which was to the effect that Mr. Thomas Buddie, as administrator in New Zealand for Patrick Gordon, who died in Scotland, to pay over to the Official Assignee the sum of £2300, the proceeds of the sale of an estate at Whangarei, which became vested in him under the bankruptcy of Patrick Gordon. Mr. Rigby said by an arrangement with Messrs. Whitaker and Russell he had to ask that the application be adjourned for a month. The adjournment was granted. Edward Latimer Clark.—This was an application for allowanoe of Mr. Forwood's proof of debt, and owing to the illness of Mr. Forwood it was, on the application of Mr. Rigby, adjourned for a month.

Henry Robert Holman.—Mr. Mackechnie moved for an order of adjudication on a creditors' petition. Mr. Cotter appeared on behalf of Mr. Mackechuie for the 4j petitioning creditors, and Mr. Rigby for the debtor, and contended that the conditions required by the Act had not been complied with. There was no allegation of an act of bankruptcy, or if so that it had been committed within six months prior to the petition. The proceedings were taken on a judgment, but the date of the judgment was not given, nor the date on which the writ of sale was issued, and there was nothing before the Conrt to.supplement that petition or making it good. He submitted that the return by the sheriff of nulla bona to the writ of sale was not an act of bankruptcy, as there was no proof before tho Court to show that there was no property to take, and he further contended that there was no evidence before the Court on which the Court could adjudicate, as the affidavits relied on were those which had been filed in the Supreme Court in regard to an action which was then pending, tie quoted authorities in support of his argument, but His Honor said that the judgment quoted was given on an English >-ule which was different to theirs. In this . 'se a form of affidavit was given, and this u«d been complied with. There was an affidavit by the debtor, alleging that ho had an action pending in the Supreme Court against the petitioner, W. G. Courtney, claiming £500 for an alleged illegal and improper seizure, but for which the Sheriff could not have returned nulla bona to the writ of sale in the second seizure, and that the petition was to prevent him from proceeding with his action. That allegation was not contradicted. He submitted that the petition was defeotive, and ought to be dismissed. Mr. Cotter replied to the objectioni raised by Mr. Rigby, and pointed out that it was not for the purpose of putting an end to pending litigation that the petition was lodged- by Mr. Courtney. tlis Honor ruled that Mr, Cotter could not refer to affidavits filed in another C 'art. Mr. Cotter then proceeded to answer the other points raised. His Honor held that the petition was defective in not alleging directly that tho act of bankruptcy occurred within six months of the filing the petition. It was not sufficient that this should be stated inferentially. As to the objection that this was brought for the purpose of stopping, he was not at all sure that the statement of the debtor was sufficient without further evidence, although it looked very suspicious; and if it ere proved that it was for the purpose of stopping off this action, it would be sufficient to stop the adjudication. He did not put it on this ground, but he considered the petition defective in not stating that the act of bankruptcy was committed within six months of filing the petition, and on that ground he dismissed the petition. Mr. Rigby applied for costs, as the debtor had been put to great expense in coming from Whangarei. Ilia Honor said it was not dismissed on the merits, and he should not allow costs. John James.—Mr. Hesketh moved for disallowance by the Official Assignee of proof of debt of A. J. Young and others. Mr. Cave asked to have the case allowed to stand over, and the adjournment was granted. William Vailk and Robert" Lowery Bradley.—Mr. Cave moved, under section 149 of Amendment Bankruptcy Act, ISB3, that a day be appointed for the examination of the bankrupt. Next Thursday week, the 10th June, was appointed for the examination of the debtors. Close ok Bankruptcy.—Mr. Cave moved, under section 150, for close of bankruptcy in the cases of the following debtors :— Harriette Corston, Wm. George Dyer, and John James. The orders were granted. R.M. COURT.— I Thursday. [Before Mr. H. G. feeth Smith, K.M.I The weekly sitting of the R.M. Court, tor the hearing of small debt cases was held yesterday, when the following were dealt with :— Judgments for Plaintiffs.—Judgments were given for the plaintiffs in the following cases Fanners' Co-operative Co. v. VV. N. Clark, £27 12s 10:1, costs £5 13s; Charles Mason v. James Patterson, £3 3< 2d, costs £L 3s 2d ; F. H. Pilcher v. J. Lindsay, £2 IGs, costs 213 6(1 ; McLachlan v. Nelly, £7 12s, costs lot; R. Reid v. J. Burton, £1 13s 81. costs 21s 6d ; G. T. Chapman v. C. E. White, £1 12s 3d, costs 21s 61 ; F. H. Pilcher v. Ann Robertson, £3 Os 6d, costs 228 61 ; City Council v. T. H. Brister, £20 10s (rent), costs 30s ; J A- Berggrew v. O. Holmstet, £3, costs 21s 6d ; Peel and Co. v. Mrs. Thompson, £1 14s 6d, costs lis, G. Campbell v. A. McDonald, £3 ISs, costs 21s 6d ; L. Moses v. Mrs. Friend, £2 15s, costs PJs ; Hart and Co. v. J. Moffatt, £12 10s, costs 2lis. Judgment Summons Cases.—L. Moses v. Turner, olaim £215 a Gd. The defendant did not appear, and was ordered to pay £2 15s Gd within a fortnight, or seven days' imprisonment. W. Motion v. R. Ritchie.—Claim, £5, for damages to a buggy when returning from the Ellerslio races on New Year's Day. This case, which had been before the Court on two previous days, was resumed by completing the evidence for the defendant. The following witnesses were called : — William W. Robinson, Joseph Hanna, Abraham Bowden, and Henry Schumaker. Counsel replied on the evidence. His Worship gave judgment for the defendant, with costs £4 1 Is. John Pilkington v. Geo. Walworth.— Claim, £17 10s, for rent and occupation of land at West Tamaki. Mr. O. .Nicholson for plaintiff, and Mr. F. W. Brooktield for defendant. The plaintiff, a farmer at West Tamaki, set out that he leased a farm of 100 acres, more or less, to the defendant, and produced lease. A se-toff of the amount of the rent of the land was put in by defendant, who resides at Tauwhare, Waikato, and held that the lease was invalid, and further, that the area of the land was sixty seven acres according to his survey. His Worship declined to nonsuit the plaintiff, on the ground that the lease was invalid. He considered it a question as to the amount of rent due, as there had been occupation. The defendant consented to a judgment for plaintiff for £11 ISs, and costs £2 16s. An application to stay execution for a week w&b granted. John Keir v. B. Small.—Claim, £3, for rent of a house in Abercrombie-street. The parties appeared in person, and conducted their own case. Judgment for plaintiff for amount claimed, with costs lis.. POLICE COURT.—Thursday. [Before Messrs. C. D. Whltcombe and F. L. Prime, J. P.-a.] Drunkenness.— man was fined in the customary penalty, and another old offender, named Patterson, for a third offence during the preceding six months, was fined £5 and costs, or 14 days in default of payment. Passing Valueless Cheques. — Arthur Wood (alias Haywood) and George White (alias George White Walkinshaw) were charged with unlawfully and knowingly obtaining by means of false pretence, to wit, a valueless cheque, the sum of £4 17s lOd, and a leg of mutton, valued at 2s, of a total value of £4 19s lOd, from William Palmer, with intent to defraud, on May 11. The amount of the cheque being £5, and the value having been given at £5 Os lOd, it was deoided to reduce it to £5, and make it a case which the Bench could deal with summarily, if a prima facie case were made out. The evidence of William Palmer, butcher, Pitt-street, who received the cheque in payment for a leg of mutton; and John Groom Webster, assistant

ledger-keeper, National Bank of New Zealand, who returned the document marked *' no account," was taken. Francis Dudley Leigh, one of the unemployed, identified the signature on the cheque as the same handwriting as he saw Wood sign " Wellesley Taldmarsh" in the visitors' book (produced) at the Free Library. Florence Widdows, boardinghouse-keeper, Grey-street, remembered Haywood returning on Saturday night with a leg of mutton, which he said he had won in a raffle. Be gave it to her. Walkinshaw arrived two hours later. Detective Walker arrested Wood upon leaving the Court the previous day. He made no reply to the charge. In reply to the Bench, White said he had nothing to say, while Wood, the younger of the accused, stated that he had received no money under false pretence* Sentenced to six months' hard labour each. Wood was then brought up on the charge of uttering a valueless cheque for £5. The accused pleaded guilty. Sergeant Pratt explained that it arose out of the case heard the previous day, when Wood was discharged, as the case was not sustained against White and the accused conjointly. Sentenced to three months' hard labour, the same to run concurrently with the sentence upon White. Illtreating a House.—William Gordon was charged with illtreating his horse by beating it with a whip. Mr. Brasaey appeared for the Society for Prevention of Cruelty to Animals. Mr, W. Shillington, public librarian, deposed to having seen defendant lashing his horses in Queen-street in a most cruel manner. Witness called the attention of the police to the case. One of the horses was quite exhausted and trembling very much. Mr. G. Moldy corroborated the last witness's evidence. Defendant flogged his horses from the foot of Wellesley-street to Upper Queen-street. Constable Kearney said Mr. Shillington reported the case to him, and shortly after he spoke to the defendant, who said he had to whip one of the horses, as it was stubborn. It was very much exhausted, and sweating. This closed the case for the prosecution. John Gardner said the horse was " collar proud," and wae not whipped more than was necessary. Defendant said the horse was a rank "jib," and he was just trying to master him. Fined 20a and costs. Breaches of City Council By-laws.— George Worrall was charged with allowing impure water to flow from hi» premises. Remanded to Saturday, the 29th, on the application of Mr. Goldie.—.Richard J. Carbines was charged with keeping swine on premises in Queen-street. Adjourned till Saturday, the 29th. —Joseph Craig, Frank Pilcher, and William Winstone wefe charged with leaving a oart in Queen-street. Defendant pleaded guilty, and said they did not know they were infringing any by-law when they did so. Fined 5s and costs each. Larceny.—Robert Carr was charged with stealing a gold watch and chain. Remanded on application of Sergeant Pratt.