LAW AND POLICE.

New Zealand Herald, Volume XXV, Issue 9012, 27 March 1888, Page 3

LAW AND POLICE.

SUPREME COURT.—Bankruptcy. Monday.

[Before His Honor Mr. Justice Gillies.) Release of the Assignee. — Mr. Cave moved for the release of. the Official Assignee in the following bankruptcies : Edwin Latimer Clark, Frank Marriott Morley, James Breadon, and William Lockwood. Close of Bankruptcy.—On the motion of Mr. Cave, who appeared for the Official Assignee, the following bankruptcies were declared closed : William Bennett, Robert Noil (for whom Mr. S. Hesketh appeared), Win. Nicholl, Henry C. Richmond. Public Examination.—-Mr. Cave moved that a day be fixed for the public examination of Edwin Barrington, a bankrupt. His Honor fixed this day fortnight, April the 9th, as the date for the public examination. The same date was fixed for the examination of John Palmer Lennard. Orders of Discharge.—Mr. Calder appeared in support of a motion for granting an order for the discharge of Edward Lewis. Mr. S. Hesketh, who appeared for the principal creditors, asked that the matter might be allowed to stand over until after the arrival of the English mail in April, by which they would receive full instructions and authority. Mr. Calder consented to this course, and the adjournment was granted. Mr. Thorne appeared in support of the motion for the discharge of the following bankrupts Partington Bros., Francis A. Twiname, Wm. John Hobson, Matthew Hooper, and Wm. Robert Robinson and William Bennett. The application in regard to Partington Brothers, as there were unsatisfied claims for wages, was adjourned for a fortnight. The application in regard to William John Hobson, in which there was also a claim for wages, was also adjourned. The other applications were granted. Mr. Coleman appeared in support of a motion for the discharge of Joseph Robinson Smith. He asked for an adjournment for a fortnight. _ Mr. Hesketh, who appeared for the creditors, consented to the application, and it was granted. Proof of Debt.— Coleman moved in the bankruptcy of George Sargent Jakins, and George Vosper Jakins, that the Official Assignee be instructed to admit the proof of debt. This application, with the consent of Mr. Cave, who appeared for the Official Assignee,.was adjourned fo- a fortnight. Charles C. Brown.—Mr. Calder, appearing for Messrs. Hughes and George, moved for a judge's summons to show cause why certain money, lodged by the wife of the bankrupt in the bank, should not be handed to the Official Assignee for the benefit of the creditors in the estate. Mr. S. Hesketh appeared for the National Bank of New Zealand, and Dr. Laishley appeared for Mrs. Brown. Dr. Laishley said he had only received instructions by telegraph from a solicitor in Wellington, who informed him that a letter had been posted with the affidavit, And this he had not yet received, and he had therefore to ask for an adjournment. Mr. Calder opposed the adjournment, and Mr. Hesketh said he had no objection. He was prepared to admit that there was £125 10s lodged in the National Bank at Wellington, to the credit of Mrs. Brown, and to obey any order the Court might make in the matter. In reply to His Honor, Mr. Calder said he made the application under the 7Gt,h section of the Act, it being a payment to the wife of money belonging to the creditors. His Honor pointed out that this was not a settlement, and Mr. Calder said that under section 9 the Court had full power to deal with any property in the hands of a third party for the benefit of creditors. His Honor said he did not see his way to deal summarily with a eontested matter. It will be recollected that

in December last the bankrupt, a furniture dealer, disposed of a largo amount of furniture by auction, for which he obtained £550, and ho bolted out of the colony, leaving debts due amounting to £400. Brown proceeded to Wellington with his wife, and immediately on their arrival, this money was deposited to the credit of Mrs. Brown. In an affidavit by tho latter she stated that her husband had gone to England by the Doric, and that she had to give him £25 to pay his passage. She claimed that Ihe money she had was that given her by her father, and the proceeds of her own business as a mantuamaker. Under those circumstances, and

tho inconsistencies of Mrs. Brown s statements, Mr. Calder urged that the money was the property of the creditors, and should be handed over to the Official Assignee. His Honor said he was considering whether the better course would be to have tho question as to whether this money was tho property of Mrs. Brown tried by a jury, or whether it would be better to allow the interpleader at Wellington to go on. In either case evidence would have to be taken by commission. He thought it would bo better to adopt tho latter course, as it would be tried quicker. It was finally decided to allow this application to stand over pending tho issue of the interpleader summons in Wellington. Samuel Jackson, Jun.—Mr. Cave moved for an order, declaring the Official Assignee entitled to the sum of £42 14s, the proceeds of an execution issued in the case, Brown Campbell and Co. against S. Jackson, Jun. Mr. Cave said Mr. Cooper was to appear for the Official Assignee, and Mr. Button for the respondent, and as it was desirable that the matter should be settled as soon as possible, he suggested it bo token after the chambers sitting to-morrow. He did not think it would take long. His Honor could not see his way to fix a day nearer than the 9th of April, and the application was accordingly adjourned until that date. John Hughes.—Mr, Buddie moved that the costs of tho solicitor of the Official Assignee and of the petitioning creditor be fixecL He said that although the bill of costs caino to a large sum, there was a "Teat deal of work attached to this bankruptcy, as a solicitor had to go to Hamilton to act as agent. The estate realised £50, although it was at first anticipated that it would pay 15s in the £. He applied that the sum of £15 15s, and costs out of pocket, £10 10s, bo allowed to the petitioning creditors' solicitor. His Honor made the order accordingly. Judge's Chambers.

Tanton v. Mutual Like Association of Australasia.— Mr. Buddie appeared on behalf of tho defendant company in this action, and moved for a special jury. Mr. Coleman appeared for the plaintiff, and opposed the motion. The action was brought by Mr. T. G. Tanton to recover the sum of £750, for damage done to his buildings during the erection of the defendant company's building in Queen-street. After bearing arguments of counsel, His Honor granted the application for a special jury to try tiro case.

DISTRICT COURT. —Monday. [Before His Honor Judge Smith.] J. Fisiiek. v. H. Williamson.—Claim £:]0 fis Oct, duo on a promissory note. Mr. Griffiths appeared for the plaintiff, but defendant, did not appear. Mr. Fisher was examined, and Hi? Honor gave judgment for tho plaintiff, with costs £4 lis. T. H. Oakland v. John Eakle and Co —Claim .£OO, for commission and breach of aorecmont. Mr. Theo. Cooper appeared for the plaintiff, and Mr. Cotter for the defendant. Plaintiff was a canvasser in the employ of tho defendants— firm of tea merchants trading in Auckland—and on being engaged by them, having formerly been at Christ-church, represented that he had an accurate and intimate knowledge of tho tea trade. Plaintiff, whilst canvassing in the interests of the defendants, introduced other articles — baking powder, custard powder, and fruit saline—belonging to himself, and sold them with the tea, without the knowledge of the defendants. Plaintiff claimed that he had done his best in the interests of the firm, and he now sued for commission and breach of agreement. For the defence?, it was contended that plaintiff did not devote his whole attention to tho tea business, and that the introduction by plain of tho baking powder and the other articles named prejudiced tho tea trade, which it had taken the defendants years to raise, whilst Mr. Garland had made blunders in canvassing. T. H. Garland, the plaintiff, gave evidence. Previous to being engaged by defendants ! lie travelled for Collins and Co., Christchurch. He claimed that he had been wrongfully dismissed by defendants. Witness had sold about SOOlbs of tea per month, and he had about 100 houses to call at every day. Witness also sold baking powder and fruit saline ; but this assisted Mr. Earle's business rather than otherwise. John Earle, the defendant in the action, deposed to engaging the plaintiff, who did nob mention to him that he intended to

devote his attention to the sale of any article other than the tea. Witness had found two or three instances of Mr. Garland having blundered in ordering tea which was not required ; but he (Mr. Earle) was quite satisfied of Mr. Garland's honesty, and would have been willing to have renewed his engagement upon a different basis. Evidence was given by G. Hardy (at present canvassing in the employ of Earle and Co.), Mrs. Ni oils, and Joseph P. Cowan, and His Honor reserved judgment.

POLICE COURT.—Monday. [Before H. C. Baddeley, Esq., R.M.I Drunkenness.Jane Murtagh was fined 5s and costs for this offence, and Andrew Williamson 20s and costs, or 48 hours' imprisonment. Vagrancy.—William Odams, alias Addams, was charged with this offence. The case was adjourned on the application of Mr. Baume for a week, in order to enable prisoner to clear out of the city. Subsequently the magistrate agreed to discharge the man, with the consent of the police, on condition that he went away before Wednesday, otherwise he would be again arrested. Mr. Baume said accused would leave the town that day. Desertion. —Walter Isley acknowledged that he was a deserter from H.M.s. Nelson, and was remanded, as a warship was expected here in a few days. City By-laws : Unregistered Bicycle. Moncrieff McCallum was charged with neglecting to register his bicycle. Mr. Cooper appeared for defendant and applied for a remand, so that he might look into the case. Remanded till Wednesday. Insulting Language.—Mary Ann Watson was charged with using insulting language to Kate Milden on the 25th ultimo. Mr. Humphries appeared for plaintiff, and Mr. O'Meagher for defendant. The ease was of the ordinary character. After hearing the evidence, and counsel having addressed the Bench, the Bench considered the case fully proved, and defendant was bound over to keep the peaoe for six months, in the surety of her husband for £20. Costs, £2.