LAW AND POLICE.

New Zealand Herald, Volume XXV, Issue 9026, 12 April 1888, Page 3

LAW AND POLICE.

SUPREME COURT. Banco. Wednesday. [Before His Honor Mr. Justice Gillies.]

Certificate of Title.—ln regard to an application by F. H. Heighway for a certificate of title under the Land Transfer Act and ft caveat against the same lodged by Louis Ehrenfried, Mr. Button moved for an order in terms of the notice filed herein, with the affidavit of M. Aldis, or for such other relief as the Court may think just. He wished that the order made ex parte in Chambers be set aside ; and he submitted that His Honor, in making that order, had been under a misapprehension of the clause under which the application had been made. They claimed under section No. 145, which dealt with any caveat in the form K., but His Honor appeared to have ruled under section No. 146. The latter clause gave only 14 days, whilst section No. 145 allowed three months in which proceedings might be taken, and there was no provision for extending a caveat such as their's. Mr. Baume, who appeared to oppose the the application, replied, and His Honor then ruled that the order must be sot aside ; it was made hurriedly, and his attention was not called to any special section of the Act. He took it for granted that it was a matter of form. There was no power in the Court to extend the time for the caveat, and the application should not have been made ex parte, for had the other side appeared, it would have been refused. The order was therefore set aside, with costs. Rhodes v. Kerr. —On the application of Mr. Hesketh, His Honor fixed Thursday, the 19th inst., as the date for the hearing of an application for a new trial in the case Rhodes v. Kerr.

New Zealand Native Lands Settlement Company.—Mr. Hesketh (instructed by Messrs. Jackson and Russell) moved for an order to rectify the register of shareholders of this company by removing therefrom the name of William Jackson on ground set forth in affidavit filed by Wra. Jackson. The affidavit set out that the New Zealand Native Lands Settlement Company was first incorporated under the name of the East Coast Native Land Settlement Company, and was subsequently brought under the Aot of 1882. The purpose of the company was the acquisition. of native land on the East Coast, but an agreement was made with the Auckland Native Land Colonisation Company (which was not restricted to the acquisition of land on the East Coast only), and the two companies amalgamated under an agreement which was ultra vires. Difficulties arose, and the end was that an action was brought in the Supreme Court—a compromise being, howevei, effected. When the amalgamation was effect* d Mr. F. Scherff, secretary of the Auckland Colonisation Company, forwarded a note to M".,jor Jackson, and enclosed in the same enve»>pe was an application for shares in the New Zealand Native Lands Settlement Company, which was signed and returned by Major' Jackson, whose name was entered on the register as the holder of about 136 shares in that company. Some time afterwards Major Jackson, whilst searching for certain Capers, discovered that the defence which had been set up to the action referred to, wad that the defence was ultra vires, and that a Bocond agreement on the compromise had been made ; his solicitor thereupon wrote a letter repudiating all liability in consequence of this defence, and declining to hold himself liable as a shareholder. The affidavits of Mr. FrAnz Scherff, Major Jackson, and Dr. Pollen were read by Mr. Hesketh, who contended that the agreement between the companies being ultra vires was wholly void, whilst it illegally bound the shareholders to take shares within a period of three months ; and an ultra vires agreement could not be the subject of a compromise. Mr. Hesketh quoted several authorities ; and when the Court resumed, after the luncheon hour, Mr. Button, the opposing counsel, replied, and submitted—firstly, that a compromise arising out of a claim upon a previous ultra vires transaction was not on that account itself invalid; and, secondly, that there was nothing in the contract or compromise between the companies which was ultra vires, for the company had a right to settle the claim by issuingshares or by compromise for anything short of cash, and one company in proposing this setlement, and another in accepting it, had not done that which was ultra vires His Honor reserved his decision. "

POLICE COURT.—Wednesday. [Before Mr. Baddeley, R.M.] Alleged Breaking and Entering.— Wm. McDonald, on remand, who was charged with breaking and entering the premises of Margaret Sullivan, Nelsonstreet, was discharged. Inspector Broham said he had looked into the case, and found there was no evidence of felonious intent, and withdrew the charge. Assault ; Cross Actions.—Mrs. Davis, wife of " Professor" Davis, a pugilist, was charged with assaulting Mrs. C&mier. A cross action by Mrs. Davis charged Mrs. Camier with assault. Mr. Madden appeared for Mrs. Davis, and Mr. Napier for Mrs. Camier. Seven witnesses were examined. His Worship fined Mrs. Davis £5, and costs £4, and ordered her to find two sureties of £25 each, to keep the peace for twelve months. Mrs. Camier, in turn, had likewise to find similar sureties, and pay 9s Court fees. A Wade Squabble.—Thos. Lees was charged with assaulting 'Enos Bond, at Auckland, by hitting him on the ' head, and biting him on the cheek. Mr. Cott6r appeared for the plaintiff, and Mr. Napier for the defendant. The ease appeared to be a scuffle between two rival storekeepers, over the threatened lease of a public reserve at the Wade. The evidence of the plaintiff and a clerk named Maunsell was taken for the prosecution, and of the defendant and ■ Mr. Bruce, Chairman of the Waitemata County Council, for the defence.

Defendant was fined, ordered to , pay the costs, arid bound over to keep the peace. OHEHUNGA R.M. COURT. Wednesday. [Before Captain Jackson, R.M.] Alleged Assault.—William Morton, a f-ocer, was charged on the information of nnie Vesey, that he did on the 3rd day of April unlawfully assault her by catching her by the breast, and pushing her round the shop. Sir W. Wasteneys appeared on behalf of the defendant. Annie Vesey deposed that on the 3rd instant she heard some person in her shop, and on going to the shop aocused seized her by the breast, and said, "Pay Mr. Parkes his money, or I'll wring your guts out." He then put his clenched fist under her chin, pushed her against the wall, and said, " Give me out your son's money, or I'll tell all Onehunga that you've been in gaol." Witness, in reply to his demand, said, " Oh, don't disgrace me, and I'll give you all my takings; give me a receipt for Parkes' money and I will pay you.' Defendant then called her most filthy names. She then called for assistance from Mr. Parkes, and the defendant left the shop and went into the street, saying, "I'll fix you yet, you ." She seized a ginger-beer bottle and threatened to throw it at him. Parkes came to the rescue, and shut the door in Morton's face. At this stage, by consent of both parties, the further hearing of the case was adjourned till next court-day. James Gibbons v. James Shorland.— In this case, which was heard at Waiuku on the Bth ult., where the plaintiff sued for the sum of £6 13s lOd, the Bench ruled that the case was a nullity. The plaintiff's solicitor applied for costs, arguing in supSort of this application but the Bench decided to consider whether he had power to grant costs, the answer to be given next court-day. Morton v. Budge.—This was an adjourned case, where the plaintiff sought to recover the sum of £5 13s. 9d for goods supplied. The defendant deposed that he was working on a farm leased by his son. He received no wages, and therefore could make no offer of payment. He was not aware his son was worth £5000. On being cross-examined by Mr. Morton, he admitted having the goods for the use of his family, but at that time he was in in a position to pay for them. Now he had no means. At this stage the plaintiff asked leave to withdraw the case, intimating that he would sue the father, mother, and son conjointly. ______________