LAW AND POLICE.

New Zealand Herald, Volume XXV, Issue 9187, 17 October 1888, Page 6

LAW AND POLICE.

SUPREME COURT.— Judge's Chambers. Tuesday. [Be/ore His Honor Mr. Justice Gillies.l Administration.—On the motion of Mr. Calder, letters of administration were granted in the estate of Peter Conning (deceased). Probate.—On the motion of Mr. W. Dignan, probate was granted to the executors in the will of Theophilus Pratt (deceased). MOANATAIARI EXTENDED GOLD MINING Company v. P. Comiskky.—Mr. Buddie moved for leave to serve writ on defendant's attorney. The application was made under rule 47. Leave *vas granted. Four months were allowed for filing a defence, the defendant being in England. Mackechnie and Chambkrlin v. Waitemata County Council and Others.— Mr. Mackechnie moved to settle decree herein. This, it will be recollected, was a case arising out of the sale of certain lands for rates due to the County Council by a third person, and by a mistake it was the property of the late Henry Chainberlin that was sold by the Registrar of the Supreme Court to Mrs. McCormick. Judgment was given that the sale was invalid, and in a subsequent action ft decree was granted that the deed of conveyance be given up and cancelled. It was to settle the terms of this decree that the motion was now brought. Mr. Theo. Cooper appeared for the plaintiff, Mr. Campbell for the County Council, Mr. Hesketh for the Registrar, and Mr. Brookfield for Mrs. McCormick, the purchaser of the land. The terms of the decree were submitted by counsel. Mr. Brookfield submitted that Mrs. McCormick had conveyed the land at the instance of the Waitemata County Council before the writ was issued, joining her as defendant. His Honor said she knew at the time there was a mistake. Mr. Brookfield said she had not the deeds, and Mr. Campbell explained that an offer was made to the plaintiffs to reconvey the land to them when the mistake was discovered, bub they made such a heavy claim for cost.s that the matter was allowed to proceed. The County Council paid Mrs. McCormick £60 for her interest, but they had not the deeds. He presumed Mrs. McCormick must refund the £60, or give up the deeds. His Honor said she had been served and entered no appearance, and if she chose to be guided by other parties still she must be made a defendant. Mr. Campbell said as matters now stood, in consequence of the new phase put on them by Mrs. McCormick's affidavits, it would be necessary for the Waitemata County Council to file affidavits setting forth the whole of the transactions with Mrs. McCormick, and he therefore asked that the matter might be allowed to stand over until January. Mr. Hesketh said that so far as the Registrar was concerned it was only a question of costs. It appeared to him that Mrs. McCeraiick was the only person againat whom costs should be granted, a* she had put the deed on the register. If not, then the County Council should pay the Registrar's costs, as it was their error" which led to the whole proceeding. Mr. Campbell said if there was an error it was a very slight one, namely the omission of the word Hobsonville and the name of the owner, Simmons, and area of the land was given, while the land sold did not correspond with these particulars, and if they made an error how much greater then that of the Registrar who had conveyed the land under such circumstance;?. But the chief fault was that of the purchaser in not examining the title. Mr. Brookfield contended that the error of the Council was not so slight a≤ Mr. Campbell made out. They first sued Simmons in respect of this property, then continued their error by wrongly instructing the Registrar. Mrs. McCormick attended the sale, and purchased the property, and was led into it by the mistakes ot the other parties, and she certainly ought not to be mulcted in costs, although it might be that her solicitor had not taken proper precautions to search the title before it was placed on the Register. She was quite innocent, and some persons representing the County Council came and purchased back the property from her. His Honor said he was quite clear on the subject of costs, bnt not so clear as to the nature of the decree. Mr. Cooper said he was content to take a decree against either, and if they did not comply with it they would be subject to attachment for disobeying the order of the Court. His Honor said these matters should not have been concealed from the Court up to the present. The action whs going on since July, and again came on in August. At tnat time the land had been conveyed back to the Council, and the Court was not informed of it until now. Mr. Campbell said that had Mrs. McCormick appeared, the whole matter would have come out. His Honor said that when application was made to join Mrs. McCormick in the defence, the Court should have been informed that the county council had repossessed themselves of the land, and a decree could have been at once made to give up the conveyance. Mr. Campbell said the Council made every effort to prevent litigation. They tendered back the deed and the Und, and when litigation was commenced they tried to stop it, and they were, therefore, least to blame of any of the parties. He again suggested that the whole matter should be postponed until January. His Honor postponed the case until Friday, the County Council and the Registrar to file affidavits in order that the whole matter mignt be before the Court. Mr. Hesketh asked whether the County Council would not now hand back the deed, and Mr. Cooper said that they held it as a leverage to compel Mrs. McCormick to pay back the £60. FENTON V. HORNE AND WILSON.—Mr. Earl moved for an order approving the sale of certain properties (part of the estate of the lute Robert Graham) ou the let of August. Mr. Stone appeared for the plaintiff in the action. The affidavits reported the sale of Lake House, Waiareka, etc., and the valuation of furniture and the amount of outgoings and expenses. The order he asked was that the amount, less those expenses, be paid into Court. Mr. Stone said the whole deposit was £100, and the expenses amounted to £61, and there were not proper vouchers as to the payments. Mr. Earl said he had not anticipated this objection, and asked that the matter might stand over till next Chamber day, in order that he might file affidavits that those amounts had been actually paid. Adjourned till Friday.

POLICE COURT—Tuesday. (Beiore H. G. Setu Smith, Esq., R.M.J Drunkenness. — Seven persons were punished for first offences of drunkenness. The charge against George White, who was remanded from the previous day for medical treatment, was withdrawn, as he waa still unwell, and had already been imprisoned for 24 hours. Injury to Property.—Martha McManus, who was lined 5s and costs for drunkenness, pleaded guilty to breaking six panes of glass, valuu tis, the property of Mary Ann Edwards. Prisoner was lined 10s and costs, or, in default, seven days,' imprisonment. Larceny. — Three hids, Henry Montgomery (13), Andrew Butler (13), and William Butler (15), pleaded guilty to stealing 36 bottles, the property of John Ruddy, at Elleislie Racecourse. The case was remanded until Saturday to permit the Probation Officer to report, and Montgomery wa& admitted to bail in the meantime. Wages Due.—William Briggs, owner of the steamship Ruby, charged with refusing to pay the sum nf £lb' 15s to William Slator, this money l/ning wages due to him as engineer of the vessel mentioned. Mr. Clendon appeared foi the complainant, and Mr. Baume for the deiendant; and by consent an order was made for the payment of the sum claimed with costs. Failing to Provide.—Charles Chester was charged on remand with having neglected to obey an order of the Court that, he should contribute to the support of his wife and children. William Shanaghan, clerk of the Otahuhu Court, gave formal evidence with regard to the order Captain Jackson, R.M., had refused to sign the orders which had been forwarded to him, and consequently fresh orders had been sent ; but these had probably not yet reached him. The csse was again adjourned till the 24th instant, the bail being enlarged. Assault.—Peter O'Dowd was charged with assaulting his wife, Ellen B. O'Dowd, by shaking a poker at her, and using threatening language to her. On the application of Sergeant-Major Pratt the case was remanded until Wednesday, to be heard at Onehunga.