LAW AND POLICE.

New Zealand Herald, Volume XXVI, Issue 9322, 27 March 1889, Page 3

LAW AND POLICE.

SUPREME COURT.—Judge's Chambers.

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

Probate.—Probate was granted in the wills of John Parkinson, Thomas Henry Fletcher, and Alexander Stevenson. An application for probate in the will of John Philp Kidd was deferred for a further affidavit.

Administration*.—Letters of administration were granted in the estate of James Simms and Mary Jamieson. Sale of Real Estate.—Mr. Brookfield moved for an order authorising the sale of real estate of Joseph Parker, deceased. The application was under the 18th section of the Administration Act, 1888. The order was granted. Maori Rkal Estate Management Act.— In the matter of the Maori Real Estate Management Act, 1888, and the lease of the block of land called Paeroa, Mr. James Russell moved for endorsement upon the lease. His Honor ordered that notice be served on the trustees and all parties interested.

Compensation Claim.—G. S. Smith v. Minister of Public Works. Mr. Williamson moved that the time and place for the sitting of the compensation court be fixed. Mr. Button appeared for the defendant. The claim was for £800. It was decided that His Honor and the assessors should visit Helensville on the 11th April, to inspect the land in respect of which the claim was made, and another day is to be fixed for taking evidence. Fen'tox v. Horne and Wilson.—Mr. Stone moved that the defendants, as executors in the estate of Robert Graham, deceased, be directed to execute conveyance to Frederick Jackson of certain land at Te Puru. Mr. Earl appeared for the defendants, and consented to the order being made.

Waikato Coal and Shipping Company. —Mr. Theo. Cooper moved that; a time be fixed for creditors to come in and prove their claims against this company. Mr. Button appeared for the company, and agreed to the order being made, fixing the time for proving claims at on or before the 31st of May, and the date for adjudicating on them was fixed at the 14th of June, and in the meantime the liquidators work the mine until the further order of the Court to dispose of the property. It transpired that there was a mortgage of £18,000 on the property held as security by the debenture holders. There was £33,000 of uncalled capital, and if that could be obtained the liquidator could pay off the mortgage, but some of the principal shareholders denied their liability. This latter clause was allowed to stand over until Friday. Moanataiari Extended G.M.C.—Mr. Button moved for directions as to settlement of list of contributories. It was ordered that a list of the contributories be deposited on Tuesday next. Mount Wellington Road Board v. John Vare and Henry Bell.—This was an inter-pleader summons on behalf of the Sheriff in which the Board were plaintiffs, Vare defendant, and Bell claimant. Mr. Theo. Cooper appeared for the execution creditor, and Mr. Cave for the Sheriff, and Mr. Johnson for the plaintiff. It was ordered that the issues be tried before His Honor without a jury at the next civil sittings of the Court, and with leave to apply to settle issues if necessary. Moore v. Tierney.—Mr. Cooper moved on summons for an order, directing Philip Hendry to appear and be examined as to his claim. It appeared a judgment was obtained against the defendant, and steps taken to take his land in execution ; but Mr. Philip Hendry had a claim on a second mortgage ; and what was asked was that Mr. Hendry should appear in support of his claim. Mr. Mahony appeared for Mr. Hendry, and did not object to the order being made. It was ordered that Mr. Hendry attend on Friday next, the 29th instant. There was a second summons in the same case, that the defendant also appear on Friday, to be examined on oath in respect of the mortgage, and the order was made accordingly* Kent v. Baker.—Mr. Baume moved on summons to show cause why the statement of claim should not be amended by striking out par. 11. Mr. Buckland appeared for the plaintiff, and Mr. Baume for the defendant. Mr. Baume contended that the clause was irrelevant, and should be struck out. His Honor thought Mr. Baume was too late with his objection, having already answered it in his statement of defence. The summons was dismissed, but no cost! were allowed, as the paragraph was irrelevant, and had application been made in time it would have been struck out.

Union Sash and Door Co.—Mr. Button moved that a day be fixed for creditors to send in particulars of their claims, etc. It was ordered that particulars of claims be sent in on or before the 14th of April. Notices to be published once a week in the Herald. { Wiiaxgarei Coal Company. — Mr. Mahony moved for an order restraining the proceedings of the Queen against the company. The company (which was in liquidation) was, he admitted, indebted to the Crown, but a plea of arrangement was set up. Mr. Button, who appeared for the Crown, argued that the proceedings to recover on an alienated mortgage, although good against the company and the liquidator, were bad as against the Crown, and the summons was dismissed.

POLICE COURT.—Tuesday. [Before Messrs. Duncan and George, J.P.'s.J Drunkenness.—Three persons were punished for first offences. Alleged False Declaration.—Robert Frederick Roth was charged, on remand, with having made and subscribed a certain declaration in form No. 50, in the first schedule of the Justices of the Peace Act, before Mr. D. B. McDonald, J.P., well knowing the declaration to be false and untrue, in many particular!. * This case was further remanded until the 3rd April. Charges of Assault.—A charge of assaulting Wilhelmina McKenna, preferred against Fanny Madden, was withdrawn. John Brew, for having assaulted his wife, was ordered to find sureties to keep the peace for six months. Breaches of By-laws.— E. Lawgon and A. Corbett, for breaches of sanitary laws, were each fined Is and costs.