LAW AND POLICE.

New Zealand Herald, Volume XXV, Issue 9166, 22 September 1888, Page 3

LAW AND POLICE.

SUPREME COURT. Judge's Chambers.

Friday. [Before His Honor Mr. Justice Gillies.]

Probate.—On the motion of Mr. Stone probate was granted to the executrix in the will of Samuel Alford.

Copy of Will.—Mr. Stone moved for leave to register probate copy of the will of Paul McDonald in lieu of the original, which cannot be produced. Application granted. Prescott v. McDonald.Dr. McArthur moved for the appointment of guardians ad litem. In this case the defendant to the action had been adjudged a lunatic. His Honour said the appointment of a guardian ad litem should by the rules be appointed on a petition signed by him, but in this case notice should be served on the Lunatics Committee. The application was allowed to stand over until notice was served on the guardians. Settled Land Act, 18S6.—In the matter of the Settled Land Act, 1886, and in the matter of a certain deed dated Bth September, 1576, made between John Arnold and James Fally and Robert Kirkwood, Mr. Hesketh moved for an order authorising the sale of a certain piece of land, being part of allotment No. 8, of the parish of Hautapu. In this case it was the tenant for life who applied for leave to sell a portion of the estate. The estate had been conveyed by John Arnold to his wife, and Messrs. Fally and Kirkwood were trustees. The application was allowed to stand over, in order that notice might be served on the husband, as he had still a life interest in the estate.

R. G. Fenwick (a Lunatic).- Mr. Macrae moved to traverse the Judge's finding, and asked that the application might be allowed to stand over until Tuesday. The postponement was granted.

R.M. COURT.— [Before Dr. Giles, R.M.)

Judgment Summonses.—The following judgment summonses were disposed of : — E. J. Thomas v. A. J. Knight : Claim, £3 4s 4d. His Worship ordered that the claim be paid by instalments of 2s 6d per week. G. McCaul v. J. Richardson : Claim, £19 7s fid. By consent an order was made by the Court for the payment of 2s fid per week. J. Rae v. J. J. Dignan : Claim, £11 19s. The Bench ordered that the debt be paid within one month. Dr. Moore v. H. Wilson.— £4 4s fid. Mr. Burton appeared for the plaintiff, and Mr. Brassey for the defendant. Mr. Brassey applied that an order of the Court, made in October last year for the payment of this claim, be reversed. The defendant was then absent from the colony, unci he was not now in a position to pay the claim. Evidence was given by the defendant, and His Worship suspended the order for a month.

Vailf. and Douglas v. E. Jones.— Claim, £10 4s Tel. In this case, plaintiffs accepted a nonsuit, with costs, £1 17s. R. Reeves v. J. R. Burnett.—Claim, £'2 ISs 3d. Mr. Humphreys appeared for the plaintiff, and Mr. Johnston for the defendant. This action arose out of a pre vious one between the parties when the plaintiff had been nonsuited. A fence had been erected by the plaintiff, and the point in the present case was whether an agreement. had been made that the defendant should pay half-cost. Evidence was heard, and His Worship gave judgment for the defendant, with cost?, 10s 6d.

G. Bailey v. Miss Arnold.—Claim, £1. Mr. W. F. Buck land appeared for the plaintiff, and Mr. O'Meagher for the defondant. Mr. Buckland stated that this was an action to recover the cost of goods supplied to the Occidental Hotel. The sum of £2 4s had been owing, and a receipt was given for the full amount, but only £1 4s was paid. Mr. Buekland called Mr. A. Cook, elerk to the plaintiff, when Mi - . O'Meagher stated that Mr. Bailey, the plaintiff, who was seriously ill, was an important witness in the case, and he. applied for an adjournment to enable him to appear. It was urged by Mr. Buekland that the adjournment was unnecessary, but eventually Mr O'Meagher's application was granted. J. Close v. .Madame Pooley.—Claim, £.3 S.-. Mr. Burton appeared for the plaintiff, and Mr. Pooley was present to represent his wife. Mr. Pooley said he did not know why this action was taken against his wife, as the claim was for goods supplied to himself for the benefit of his family. Madame Pooley had previously confessed judgment in order to avoid publicity, but since had found that she could not- settle the account, and now ho (Mr. Pooley) had been compelled to tile his schedule, as he had been pressed by creditors. Dr. Giles asked Mr. Burton what was the use of applying for an order against Madame Pooley, who could not be imprisoned under the Act. The plaintiff would hav- to levy upon her estate, and it had been distinctly hold that a woman could not be imprisoned under a judgment summons. Mr. Pooley said that his wifo had no estate. His Worship remarked that at Dunedin a married woman was arrested on a judgment summons, but the Resident Magistrate dismissed the case without any inquiry into any questions of estate or property. Mr. Burton consented to withdraw the summons in the present case. ,T. Buchanan v. J. McAnulty.—Claim. £23 12s 2d. amount of promissory note. Mr. H. Campbell appeared for the plaintiff and Mr. \Y. F. Buekland for the defendant. Judgment was given for the plaintiff. G. Lantonv. B.C. Roberts. - Claim,£slos. Mr. O'Meagher appeared for the defendant. There was no appearance of the plaintiff, and judgment was accordingly given fo: the defendant by default, with costs, £2 4?. Mr. Humphreys subsequently appeared, and said that this case, in which he had been retained for the plaintiff, had been decided in his absence, and he asked that it bo reinstated. He understood when he left the Court that there were several other defended cases higher on the list, and that the present action would not come on until the afternoon. Mr. O'Meagher pointed out that he and his witnesses had had to stay at the Court all the morning, waiting for this case to come on, and he certainly thought it was the duty of the plaintiff to have%een there. It would be impossible for the defendant- to go on with the case now. as a material witness had gone ; and he did not think the defendant ought to be brought to the Court again to suit the convenience of the plaintiff. He would be the last one to endeavour to snap a judgment ; he had never done so, and he had not snapped it in this case. It was I,he duty of the Bar to wait upon the Bench, and the Bench could not be expected to wait upon the Bar. Mr. Humphreys said it seemed to him to be a most unprofessional thing. His friend might have asked that the case should stand at the end of the list. Mr. O'Meagher : At the end or the list! Why, it was at the end of the list. Dr. Giles : Wait a minute ; don't let us have this altercation. I will be happy to do what I can in the matter ; but I should like to know what I can do. One of in-' defendant's witnesses has gone. Mr. Humphreys: In the interests of justice I would ask that the case be reinstated. My client in this case is a miner, seeking to recover the sum of £5 10s. Dr. Giles : J. am not dwelling at present on the merits of the case. If a material witness has gone, 'now can liedefendant be called upon to answer the ; ease at this time ? Mr. O'Meagher pointed out that the case was the last mentioned on the list supplied to the Bar. Dr. Giles said that if two parties without counsel were interested in a case, and the plaintif! did not appear, it would not be for him (Dr. Giles) to put the case lower down on the list, on the probability that the plaintiff would appear presently. Mr. Humphreys asked that, not for his sake, but for the sake of his client, the case should be reinstated. His client was a poor, unfortunate miner, and the case was a most disgraceful one—he thought he had a right to say this. Mr. O'Meagher: Well, that is mere abuse of the other side ; there is nothing of the kind. The man is being instigated by somebody eke to bring the case here. Dr. Giles : I don't think that any reference should be made on either side to the merits of the case : 1 cannot pay the slightest attention to it. The case was reinstated, and adjourned till Thursday next, the costs previously enteredbeingreducedto£l 10sGd. The plaintiff subsequently addressed the Bench, and said he had been in Auckland ten days, and had been waiting all day. His Worship said ho was very sorry that it had happened, but he could not help it. If the plaintiff had appeared and stated that his solicitor was unavoidably absent he would have put aff the case.

Throwing a Potato.—James Edmonds, i a lad of 15, pleaded guilty to a charge of throwing a potato, on Kyber Pass Road, on the 7th September, to the danger of John Butler, and also to breaking a pane of glass, value 3s 6d, in the omnibus of Andrew Guy. Sergeant-Major Pratt said that at about seven o'clock on the evening of the 7tli instant, an omnibus belonging to Mr. Guy was opposite Hooper's shop in Karangahape Road, when the defendant threw a potato at the 'bus. It broke one of the windows, and struck a passenger, whose face was also cut by the broken glass. A fine of 10s and costs was imposed for each offence, and defendant was ordered to pay the damage. The lad could not meet the fine, and their Worships then ordered an alternative of 48 hours' imprisonment on each charge, the sentences to run concurrently. Breaches of By-laws.William Farrell was lined Is, and costs 9s, for allowing a horse to stray in Edwin-street. E. G. Sandall, for depasturing a horse on unfenced land in Upper Queen-street, was fined ss, and costs 9s. Ling Jo pleaded guilty to having left a horse and cart unattended, and was fined 5.3, and costs 12s. Threatening Language.—An adjourned charge of using threatening language to E. G. Sandall, preferred against Joseph Lee, was withdrawn.