LAW AND POLICE.

New Zealand Herald, Volume XXV, Issue 9031, 18 April 1888, Page 3

LAW AND POLICE.

SUPREME COURT,— Jfdgr'b Chambers.

Tuesday, [Before His Honor Mr. Justice Gillies.]

Thames [District Hospital Board v. Piako County Council. —In this case Mr. Alexander moved that the charging order nisi granted on the 16th of December, 1887, be made absofate,. There wae no appearance on behalf of defendants, and the rule absolute was granted. tlumjbs and cdromandel united chaw' table Aid Board v. Piako County Council.— Mγ. Alexander made a similar application in this case, and the rule nisi was made absolute.

Campbell and Others v. Cpmiskby and. Another.—Mr. Button moved for leave to serve the writ on the attorneys or agents of the defendant*, the latter being in England!, and beyond the jurisdiction of the Coqrfc. He explained that the object was to close a partnership account, and he asked leave to serve Mr. Rose, the agent of Mr, Comiskey, and Mr. Hesketh, the agent of the other partner. Leave was granted, and by arrangement four months was fixed as the, time, within which to file a defence. Administration. — Letters of adminis-

tration were granted in the estates of Chas. Grainger and Paniel McLeod, deceased. Civil Service Supply Association.— Under the provisions of the Companies Act, Mr. Mahony moved that the share register of this Association be rectified, and the names of James Morell Metcalfe and George Oswald Metcalfe removed therefrom. The motion was made under section 45 of the Companies Act, and the grounds of the application were set out in the affidavit. The managing director of the company had written to Mr. Mahony, forwarding consent to the application, and the order was therefore granted by consent. Perry v. Adams.—Mr. Coleman moved for a summons to show cause why the minutes of decree herein should not ba settled. Mr. Theo. Cooper appeared for the defendant, and explained that practically what was asked was a dissolution of partnership, and that the partnership properties, consisting of toitalisators, etc., should be sold, and the money paid into Court. The deed of partnership provided for dissolution of partnership on several grounds, but in the event of neither partner being in a position to buy out the other's interest, it was provided, that Mr. Wm, Walters should sell the properties. He now applied that the proceeds should be paid to Mr. Walters instead of into Court. Of course, accounts would have to be taken, but as these were properties, the values of which the Registrar could have no knowledge of, he asked that Mr. Walters should act, of course under the direction of the Court. His Honor said he could not grant the application. The money must be paid into Court. Mr. Cooper then consented to the order being granted as prayed, with leave to apply for directions. The order was granted accordingly. Appointment of TRusTSE.-r-In the matter of the Trustees Act, 1883, and of the will of Margaret Leary, Mr. Mahony moved that James Leary be appointed trustee in lieu of Joseph Boulter, deceased. The consent of the parties interested was filed, and the prayer of the petition was granted. POBUC Trustee v. Warmoll.—This was an application by Mr. Theo. Cooper that a charging order be set aside. Mr. Button appeared for the Public Trustee. The application was in regard to certain lands held by the defendant, Mrs. Warmoll, and a number of affidavits were filed and considerable argument took place. His Honor gave judgment in favour of the plaintiff, without deciding the title to the land or the validity of the deed of trust.

POLICE COURT.— [Before Pr. Giles, E.M.] Assault.Griffith Fleming, alias James George Fleming, was charged with unlawfully and maliciously wounding Constable James Addison, by stabbing him with a pair of scissors. Inspector. Broham applied that the case be dismissed, as the accused was insane through the effects of drink at the time he committed the offence. The Bench accordingly dismissed the charge. Obscene Language.—Emmanuel James Lovett was charged with using obscene language on the platform of a tram-car travelling from Ponsonby to the city. ,Pefendant did not appear, but the case was proceeded with in his absence, and his Worship imposed a sentence of fourteen days' hard labour, a warrant to be issued for Lovett's apprehension. Breaches of the By-laws. — Gavin Wallace, charged with obstructing the footpath in Karangahape Road, by placing goods thereon, was fined 5s and costs. Arthur E. Duke was charged with plying for hire with a cart for which a license was not in force for the year. Mr. George Goldie was not in attendance, and the case was dismissed. Failing to Support. —John McLelland was charged with failing to comply with an order to contribute to the support of his three children, there being now arrears to the extent of £7 17s 6d. Defendant was ordered to pay half the sum owing by that day fortnight, and the remainder in one month. Lunacy.—Charley Bush, a native, was charged with being of unsound mind, but the case was remanded till the 21st inst. Alleged Larceny. Arthur Collinge was charged with stealing a piano, value £24, the property of Mary Jane Luhning. Defendant (for whom Mr. O'Meagher appeared) pleaded not guilty. Mary Jane Luhning, music teacher, and the prosecutrix in the action, deposed that she resided in Domainstreet with her son. She had recently let rooms, and the accused came to her house as a lodger in December last. On the . 29th of February accused promised to pay a debt of £10 for board ' and lodging, part of this sum being owed by a man named , Hubbard ; and the accused then gave her a promissory note for £10, and witness gave a receipt for the note. She had told Coflinge that he owed about £10 to witness, and one day when he came back to her house, having been away about three weeks, he asked her to go out with him, and he would pay her £3 of this money. Witness and Collinge went into Queen-street, and witness waited at the Victoria Arcade whilst prisoner went away, pre sumably to attend to some business. Shortly afterward he returned and said he could not fet any money. In the afternoon she went ack to her house, and found that the window, which she had left open, was now closed. Witness, on entering the house, discovered that her piano was gone, and made enquiries of her neighbours and 'of the expressmen in the city, without avail. She subsequently found that the piano was at the premises of Mr. who had since returned it. The piano (an instrument by Weber), had been hired by her at £1 per month. Witness, in crossexamination by Mr. O'Meagher, admitted that the signature to a document produced and which read as follows, was hers :— '' Domain street, Auckland, 29th February, 1888.—I have this day sold to Arthur Collinge all my household furniture and effects in the house situated in Domainstreet, Auckland, for the sum of £10, the receipt of which is hereby acknowledged. — Mary Jane Luhning." Witness said she did not read this document before signing it, and notwithstanding this receipt, she had not sold the piano or any of the furniture to Collinge. Some time ago a bill of sale was given over her furniture to a Mr. Mosely, but the piano was 1 not included in th» bill ,of > sale. Henry Augustus Hoffmann, dealer in musical instruments, deposed to having lent a piano on hire to Mrs. Luhning, whilst James Rae, pawnbroker, gave evidence to the effect that defendant came to his shop one day last February and offered to sell some furniture. Witness went with accused to a house off Symonds-street and proceeded to take an inventory of the furnitureonly witness and accused being in the house. Whilst thus engaged, he said he would like to consult the owner of the goods, and accused then showed him the receipt proving 'that the furniture had been sold to him. Witness afterwards, purchased the ()iano for £5, but on the evening of the folowing day Mrs. Luhning came to the shop, and the piano was subsequently returned to her. His Worship , dismissed the case,, there not being any evidence to show that the receipt produced was not genuine- .