LAW AND POLICE.

New Zealand Herald, Volume XXV, Issue 9064, 26 May 1888, Page 3

LAW AND POLICE.

R. M. COURT. —Friday. [Before Dr. Giles, R.M.] Judgments for Plaintiffs.—ln the following cases judgments were entered for the plaintiffs by default: —lreland Brothers v. James Shearer, £4 18s sd, costs 17s 6d; Moir and Co. v. S. Newcombe, £2 0s 2d, costs 16s 6d; George Bailey v. Edward Cook, 11s, costs 6s ; J. Townsend v. Emilia Cameron, 14s, costs 6s ; Jagger and Co. v. Mrs. Sloane, £21 ss, costs £2 12s ; William H. Jacobs and Son v. W. H. Allan, £20 Is sd, costs £1 10s ; T. and S. Morrin and Co. v. D. G. Campbell, £12 7s, costs £1 ; Mary Beddell y. E. Atkin, £517s 3d, costs £111s; trustees in the assigned estate of Hesketh and Aitkin v. Lindsay, £2, costs 26s ; F. G. Clayton v. Edmund Jackson, £4, costs 17s 6d ; S. Cohen v. C. W. Cave and Manning, £10 10s, costs £2 9s ; James Knight v. Riley, £17 8s 4d, costs £2 2s ; T. Cotter v. S. H. Webb, £13 9s, costs £1 ; Burton and Moore v. Geary, £2 14s ; J. H. Dalton v. John O'Brien, £4155, costs 19s 6d ; Geo. Bruce v. Geo. McQuade, £20 Is, costs £4155; Cotter and Co. v. James Mclroy, £2 6s 4d, costs 3s ; J. Perkins v. Joseph Treadwell, £24 8s 4d, costs £1 11s ; Hellaby Bros. v. H. Sylvester, £2 13s 7d, costs 17s Gd ; G. F. Hill v. J. Ormstein, £1 12s 6d, costs 16s 6d : H. Brett v. W. F. Jones, sen., £1 10s, costs 16s 6d ; H. Brett v. Edward L. Jones, £7 10s, costs £1 0s 6d; trustees in tho estate of Hesketh and Aitken v. Annie Zeiglor, £5 15s 3d, costs £1 11s ; Watson v. Davis, £1 8s 4d, costs 16s 6d.

Judgment Debtor Summons Cases. — Robert Mitchell v. James McLeod and others, £21 13s Bd, ordered by consent to pay £5 per week ; H. H. Hayr and Co. v. Schussler, £2 3s, ordered to pay on or before next day (26th instant), or in default fourteen days' imprisonment; S. H. Worth v. F. Peltzer, £3 5s sd, adjourned for a week ; Henry Edward Partridge v. J. Smith £8 se, ordered to pay in fourteen days, or in default twenty-one days' imprisonment; E. W. Morrison v. F. Peltzer, £5 14s 6d, adjourned for a week'

Knight v. Morrison.—This was an interpleader summons case, which was heard on Wednesday last. The plaintiff had recovered judgment for £60, and put in execution, and the interpleader summons was to show that the property seized was the property of others ; Miss Morrison claiming a piano as having been given to her by her father in 1881, and Mrs. Irvine claimed the furniture, having purchased it for £30, and removed a portion of it. Mr. Clendon appeared for the execution creditor, and Air. S.Heskethfortheinter-claimants. Counsel addressed the Court on the legal aspects of the case. His Worship said he saw nothing to invalidate the gift of tho piano to Miss Morrison, although such gifts might be open to abuse. It appeared to him where the gift was a bona fide one there were no grounds to suggest fraud. He must therefore consider that tho claimant had made her case good. With regard to Mrs. Irvine's claim, he did not understand that he was misunderstood. There was an equity of redemption remaining, and could a person who had a lien be in a better position than an absolute purchase! , ? He had to come to the, same conclusion, that the execution creditor was entitled to these goods. He did not suggest any fraud, but he must rule that Mrs. and Miss Morrison had established their claim, and that Mrs. Irvine's case must be dismissed as against the execution creditor. Mr. Clendon claimed costs, and Mr. Hesketh opposed the application, as they had succeeded in the main questions. He was preparedtonllowthatthe costs in this case should be allowed to go against the costs in the first case. His Worship said there were three cases, and the best plan would be to allocate the costs. He went into a calculation of the costs, and allowed costs £1 Is to the execution creditor as against £3 8s to the interpleader claimants, being virtually costs £2 7s to the claimant.

Mopnt Wellington Road Board v. Clara Smith Benallick. — This was an action to recover .the sum of 10s 6d, amount due for rates. Mr. Clendon appeared for the plaintiff, and Mr. Keetley for the defence. Mr. Keetley took objection that the plaintiff was never served with the summons. Mr. Clondon, however, undertook to show that although the wrong name had been in the summons, Clara Smith Benal-

lick had been served. The rate collector proved the indebtedness for two years' rates. The name on the roll for 1886 was Elizabeth Mary Benalliek. The rate for 1886 was 6s 3d, and for 1887 4s 3d. S. S. Brooking, property-tax valuator, gave evidence as to valuing the property. Mf. Keetley contended that the plaintiff must be nonsuited, as authority to eua had not been shown by the collector as required by the Rating Act, 1882, nor had there been any proof of a demand on the defendant, nor had the striking of the rate been proved. His Worship overruled the objections. He would not nonsuit the cane on the ground that authority to sue had nob been shown, but would grant an adjournment, in order that it might be proved. Mr. Keetley decided to produce evidence. The defendant Clara Smith Benalliek, a married woman, deposed that the summons was not served on her. She was a married woman, and her husband told her he had received it, and read it to her. She knew Elizabeth" Mary Benalliek, before Bhe was married. She was witness' sister-in-law, and her name was now Mrs. Mudford, and she owned the property in 1886 and 1887, up to the 18th of May, when it was sold by the mortgagee. Neither witness nor her husband ever owned the property. Mr. Clendon accepted a nonsuit, being satisfied that the wrong person was sued. Costs, 15s 6d were allowed.

POLICE COURT.—Friday. [Before Mr. James Baber, J.P.] Inebriates.—Daniel Gallagher, and Kate Patterson, alias Kennedy, were each fined 5s and costs, or twenty-four hours' imprisonment. Dismissed.—Mabel Grey was charged with being drunk at Newmarket. Owing to the appearance of the prisoner, and it being her first otfence, the magistrate dismissed the case. Vagrants.—William Burns and Alexander Gordon were both up, charged with having no lawful visible means of support. Both pleaded guilty, and were sent to Mount Eden for three months each.