LAW AND POLICE.

New Zealand Herald, Volume XXV, Issue 9142, 25 August 1888, Page 3

LAW AND POLICE.

SUPREME COURT.— Judge's Chambers.

Friday. [Be/ore His Honor Mr. Justice Gillies.]

i Probate.—Renewal of probate was granted to the executors in the will of Daniel Poole, and probate was granted to the executors in the wills of Thomas Barr and George Wyatfc. Nimmo v. Kaihu Valley Railway Company.—Mr. Button informed His Honor in regard to the Compensation Court thab arrangements had been made that the Court would leave for inspection by the train leaving Auckland at seven o'clock on Monday morning. His Honor concurred in the arrangement. Connolly v. Knight.—-Mr. Theo. Cooper moved for summons to show cause why charging order nisi herein should not be set aside. The application was allowed by consent to stand over till next Chamber sitting. Grice v. Ashworth. — Mr. Mahony moved for summons to show cause why a commission should not issue for the examination of the defendant as a witness outside the jurisdiction of the Court. The defendant was resident in England. Mr. Hesketh, who appeared for plaintiff, objected that the summons was not in order, and it was not a case in which a commission should issue, as no sufficient reason was shown why it should be granted. The defendant, a man of wealth, had come to New Zealand with a letter of introduction to plaintiffs father, and it was arranged that plaintiff should purchase certain native lands for the defendant, but the defendant alleged that he did not employ plaintiff, but a Mr. Grace, although plaintiff having expended certain money, drew on the defendant. He quoted authorities, and said the defendant having made the contract here, there was no reason why he should not come here to be examined. His Honor thought it would be a monstrous injustice if a defendant should either come to New Zealand, or that his evidence could not be taken. Mr. Mahony said the examination could take place, and be ready for the September session. No delay had taken place. His Honor said that, locking at the nature of the action and the nature of the defence, a commission should issue as a matter of course. The order was made accordingly, commission to be made returnable on the 31st December, and that the trial be postponed until the return of the commission.

Trustee Act, 1883.—Re the Trustee Act, 1883, and re lot No. 1, subdivision of allotment 5 of section 21, city of Auckland. Mr. Mahony moved that the prayer of the petitioner herein be granted. The matter arose out of a case of rectification of a trust, and Mrs. Lee, the present trustee, desired to be relieved of her position. The present application was for the appointment of Patrick Gibbons in lieu of Mrs. Lee. The application was granted, but His Honor allowed the question of costs to stand over.

The Lunatics Act and Eknwick's Cask. —In the matter of the Lunatics Act, 1862, and of Ralph Green Fenwick, a person of unsound mind, Mr. Macrae moved that the Registrar make inquiries. Mr. Macrae said that His Honor having found that Fenwick was of unsound mind, he moved that the Registrar make inquiries. His Honor said he had not been found a lunatic within the meaning oi the Act, but Mr. Macrae contended that being of unsound mind he was de facto incapable of managing himself or his affairs. His Honor said the man was in the Asylum on false imprisonment, as he was not a lunatic within the meaning of the Act. Mr. Macrae submitted that, tinder the general law, this man, being found to be of unsound mind, was incapable of entering into a contract, and the finding that be was of unsound mind was sufficient ground for bringing forward this motion. His Honor said that the application was made under the Lunatics Act, and he was not a lunatic within the meaning of the Act, the finding being that he was of unsound mind, but not incapable of managing himself or his affairs, and he held that he was illegally detained in the Asylum. Mr, Macrae submitted that the definition of unsound mind was the definition fully recognised by law as equivalent to idiocy or lunacy ; and he quoted authorities on that point, and argued that it was not inconsistent with the Lunatics Act. He quoted from Pollock 011 contracts, showing that a lunatic was incapable of entering into any contract, or doing any, act required by law, and under these circumstances he urged that the inquiries should be made in order to find what was best to be done for him. His Honor said it was utterly impossible, as he had no jurisdiction. The finding that he was of unsound mind, but not incapable of managing his own affairs, took him out of the Act, and he Was not satisfied that he was incapable of entering into a contract except on the one subject, as lie was found to be capable of managing his own affairs, and if the parties interested fully realised the meaning of the findiftg he did not think Fenwick would now be in the Asylum, as in his (the Judge's) opinion the man was illegally imprisoned. The order was refused. Adjudication in Bankruptcy. — Mr. Alexander moved on creditor's petition that William Stephenson be adjudicated a bankrupt. Mr. Hesketh appealed in support of the motion. The act of bankruptcy was that an execution had been issued, and returned nulla bona. Mr. Stephenson was present, and did not oppose the application, and the order of adjudication was accordingly made.

11.M. COURT.FRIDAY

[Before Messrs. H. Wilding and J. P. Kim, J.lV&.j*

Judgment Summonses.—The following I'udgment summonses were disposed of:— ). McNab v. H. Ellis, claim £3 Bs. There was no appearance of defendant, and the Bench ordered that the debt be paid within fourteeu days. W. Garratt v. H. Elliott, claim £11 9s 9d. An order was made that the defendant, who did not appear, pay the sum claimed within one month. R. F. Luks v. T. G. Sandes, claim £17 17s. By consent the debtor was ordered to pay the claim by instalments of 30s per month. W. Monagnan v. W. H. Irwin, claim £4 Is. Evidence was given by defendant, and the Bench ordered that he pay by instalments of 10s per week. Glanneld v. M. Rafferty, claim £7 8s 3d. Defendant gave evidence as to his means, and the Bench did not make an order. Clark and Co. v. W. Addison, claim £1 4s. The Bench having heard the evidence of defendant did not make an order. Bond Bros. v. T. Hemmings, claim £3 9s lOd. Defendant was examined, and an order was nob made. G. Thomas v. T. Reed, claim £20 12s. Evidence having been given by defendant the Bench ordered that the debt be paid by instalments of 5s per week. >• POLICE COURT.—Friday. [Before Messrs. W. Crowther and S. Y. Collins, J.P.'s] Drunkenness. — Two persons were punished for this offence. Breach of Railway Regulations.— Anthony Brockliss was charged with getting off a train at Waikomiti whilst it was in motion. The defendant pleaded not guilty. Mr. Clendon appeared for the Railway Department. Horace Rowland Bell, stationmaster at Avondale, deposed that the defendant was on the Kaipara evening train on the 10th of August, and witness saw him at Waikomiti station 'quit the train whilst it was in motion. Defendant fell on to the platform, and rolled over, and witness thought that the man's legs were under the carriage wheels. Witness jumped off and seized defendant by the shoulder, and then he saw that he was all right. Evidence was given by Mr. Bell as to an altercation between the guard and Brockliss respecting the- latter's fare. The defendant did nob have a tiokefe. but he paid his fare. James Bennett (ganger), and John Lowe (guard of the train) were also examined. Defendant pleaded that the train was running past , the station, and he wished to alight. He was standing on the footboard when the train suddenly stopped, and the concussion threw him off on to the platform. The Bench inflicted a fine of 6s, and costs 7s. Mr. Clendon pressed the question of professional fees, but the Bench declined to order a fee. Alleged Arson. —Ann Mahoney, a woman in middle life, was charged with setting fire to a dwelling-house at Clydestreet, Parnell, the property of James Mahoney. Inspector Broham asked that a remand be granted for ' one week, in order to enable tne police to gather evidence. The prisoner applied for bail, and said that she would be dead in a. week if she were not let out of custody.' 'Inspector Broham offered no objection, and bail was granted —accused in £100, and two sureties of £50 each.