LAW AND POLICE.

New Zealand Herald, Volume XXV, Issue 9030, 17 April 1888, Page 3

LAW AND POLICE.

SUPREME COURT.—Bankjujptoy. Monday. [Before His Honor Mr. Justice Gillies.]

Order op Discharge.—Mr. Brassey moved that an order of discharge be granted to James Porter Gerrard, a bankrupt. There was no opposition, and the order of discharge was granted. Close op Bankruptcy. —On the motion of Mr. Cave the bankruptcies of John Leith and Henry White were declared closed. Samuel Jackson, Junr. 's, Bankruptcy. — Mr. Cave moved for an order declaring the Official Assignee entitled to £42 14s, proceeds of an execution in a case, Brown, Campbell and Co. v. Jackson. The arguments of counsel had been heard at the last sitting of the Court. Mr. Theo. Cooper appeared in support of the application, and Mr. Button for Brown, Campbell and Co. His Honor delivered judgment as follows : —" I have very little doubt on the subject of this application. The adjudication of the 17th of January last, founded upon an act of bankruptcy committed on the sth day of December last, did by virtue of the provisions of the Bankruptcy Act 1883, instantly transfer to the Official Assignee, and vest in him all the property of which the bankrupt was possessed on the sth December. The respondents herein, by virtue of an execution issued out of the R.M. Court against the property of the bankrupt on the 6th, seized and sold property of the Assignee. The Assignee is clearly entitled to recover the proceeds. The argument of Mr. Button on behalf of the respondent, that the bailiff of an R.M. Court is not, like a sheriff, in execution of Supreme Court process, an agent of the execution creditor, is ingenious, but I scarcely think sound. He who puts the law in motion for hie own benefit, and profits by the result, cannot, I think, receive the profits of the transaction and shift responsibility on the impersonality of the Court. Order as prayed. Costs, £5 ss, and costs out of pocket. Raymond v. Jackson. — There was a similar application in respect of £30 16s, proceeds of an action Raymond v. Jackson, which were claimed by the Official Assignee. The case was governed by the previous judgment, and the order was made accordingly. Costs £2 2s, and costs out of pocket were allowed. POLICE COURT.—Monday. [Before Mr. Baddeley, B.M.] Drunkenness.—Two persons were fined for drunkenness. A Nuisance.—The case against Samuel Green, of depositing nightsoil at premises situated in Upper Union-street, and occupied by Robert Gordon, was further remanded till Thursday. Insulting Language.—Hannah Hubbard was charged with using insulting language to Mary Southwell on the 12th inst. Mr. O'Meagher appeared for the plaintiff, and Mr. Madden for the defendant. Evidence having been given at great length, the parties to the action were ordered to find two sureties of £25 each to keep the peace for twelve months.