LAW AND POLICE.

New Zealand Herald, Volume XXVII, Issue 8375, 1 October 1890, Page 3

LAW AND POLICE.

SUPREME COURT.— Judge's Chambers. Tuesday. [Before His Honor Mr. Justice Conolly.] Probate. —Probate was granted to the executors in the will of James Williamson Fedart. Administration.—Letters of administration werg granted in the estates of Euaily Weaver and Annie Hendereon.

John Herbert Burns (deceased). —Mr. Hesketh moved for leave to sell certain real estate left by the deceased. The application was in compliance with the provisions of the Act of 1888, and was granted. Administration Act, 1879. —In the estate of Michael Dinnan, deceased, Mr. Tole moved for leave to mortgage part of the real estate. The application was for the purpose of transferring a mortgage, the assets of the estate not being sufficient to pay it off. The order was granted, costs to be paid out of the estate. McDonald v. Gillies.—Re Thomas a-d John McDonald, infants, and an intended action against Frederick Gillies. Mr. James Russell moved that Thomas McDonald be appointed to act as guardian ad litem for the purposes of the action. Mr. Tunks appeared in eupport of the application, and it was granted. Heather and Another v. Mitchell.— In re the Supreme Court Act, 1882, and re an intended action between Arthur Heather and John Chambers against Wm. La Granada Mitchell, Mr. Tole moved for leave to proceed without service under rule 480. The action was on a promissory note on which two persons were jointly and severally liable. Mr. Tole said that one of them had become bankrupt, and as Mitchell had an interest in a mill, the plaintiffs wished to proceed against him. The application was granted, the platntiffto enter into a bond for costs as provided for in rule 53. Joseph v. Creaoil—Mr. Earl moved that charging order herein be made absolute. The order had been served on the chief surveyor and Surveyor General. Judgment had been entered up, and no opposition had been entered. Order granted. Ratinu Act.—Re the estate of Isaac Rhodes Cooper, deceased, and re the Rating Act, 1882, and allotment 11, Parish of Waikotniti, and allotment 63, Parish of Waiwera, Mr. C. F. Buddie moved for an order to the Public Trustee to pay to Thomas Buddie, for the administrator, all sums of money standing to tho credit of the said Isaac Rhodes Cooper, deceased, in the Public Trust Office. Letters of administration had been taken out in New South Wales, and were re-sealed yesterday in this Court. Application granted, the Public Trustee having sent in a written consent. Appointment of Executok.—Mr. Hesketh moved that Daniel Arkell be appointed executor for the infant children of John Arkell, deceased, in lieu of Thomas Duncan, and that the said Daniel Arkell be appointed guardian. Two trustees had been appointed, one of whom renounced, and one died, and Daniel Arkell was appointed trustee in place of him who died, and it was now sought to have hip- appointed executor and guardian 8 ell. The children were living wit! iel Arkell. His Honor thought it was .leeessary that there should be a consont on behalf of the children, one of whom was 15 year*of age, and the order was granted as prayed, subject to the consent of such of the children as were over 12 years of age. Thomas Barr (deceased). —Ro the will of Thomas Barr, deceased, and probate granted to F. G. Clayton, Mr. E. Cooper moved on summons to show cause why the accounts filed by the said F. G. Clayton should not be taken before the Registrar. Mr. Theo. Cooper appeared for the relatives of deceased in support of the application, and Mr. Hesketh for Mr. Clayton. He said Mr. Clayton had every I desire to facilitate the application and to have accounts taken, but the only question was whether this was the proper course to pursue. Mr. Cooper proceeded to show that this was the proper course, and that His Honor had power to refer the accounts to the Registrar and an accountant, and quoted a number of authorities to show that the Court had power to make the order. As the estate was a small one he would, with the consent of his friend, Mr. Hesketh, ask His Honor if he made the order to refer the accounts to the Registrar alone, and not to the Registrar and an accountant. Mr. Hesketh asked whether a short statement of claim might not be framed with whioh Mr. Clayton would at once fall in, as he wae anxious to facilitate the matter. He suggested that this application be withdrawn, and an action entered under rules 420 and 421, and Mr. Clayton would probably consent to judgment. His Honor said he would either have to do that or refer the matter to the Judges, for he would not of himself do what was equivalent to making a new rule. Mr. Cooper said as a matter of practice, and in the interest of the profession, ho would ask His Honor to refer the matter to the Judges, so as to establish a practice. Mr. Hesketh consented to this course, and the summons was allowed to stand over until the first chamber sittings after the Court of Appeal. Rating Act.—Re the Rating Act, 1882, and re allotment 37 of the parish of Hotea. Mr. Mahoney moved on summons to the Public Trustee, to show cause why an order should not be made for payment out of the Public Trust Office to John May, of the sum of £8 13s, with interest at 4 per cent. The Public Trustee did not appear, and no consent had been received, and his Honor ordered that the application should stand over until Monday. Mary Josephine Quoi V. Thomas Quoi. —In the petition of Mary J. Quoi, for judicial separation, Dr. Laishley moved, on summons to the petitioner, to show cause why respondent should not have leave to amend his answer. Mr. Theo. Cooper appeared for the petitioner, and did nob oppose the motion, which he said appeared to be in order. Dr. Laishley said the respondent had already tiled an answer, but he now asked leave to add a plea of adultery on the part of the petitioner, the facts of which only came to the respondent's knowledge after the answer had been filed. Mr. Cooper applied for costs. His Honor granted application for leave to amend, and allowed costs, £2 2s, to be petitioner's costs in the cause.

POLICE COURT.— Tuesday. [Before Dr. Giles, R.M.] Drunkenness. —Alexander Mcßae was fined 10s and costs, or 48 hours' hard labour. Begging.—lsaac Keighley was charged with begging alms in Wellesley-street on the 29th September. Prisoner pleaded guilty, and was sentenced to seven days' imprisonment with hard labour.

Disobedient Seamen.—John McGinley was charged with having; disobeyed orders while acting as seaman on board the ship Rangitikei, on the Ist August. Prisoner pleaded guilty. Captain Middleton gave evidence as to the nature of the offence, and the Bench inflicted a sentence of seven days with hard labour. James Legge and Charles Stewart were charged with disobeying the lawful commands of Captain Leeuian, master of the ship Waitangi, •onr which they were engaged as seamen. Mr. Devoro, who appeared for the prosecution, applied for a remand until Saturday next, in order to enable the police to serve the accused with summonses. Remanded accordingly.

Larcen'V.—Michael Ryan was charged with having stolen a quantity of drapery and wearing apparel to the value of £4 13s 4d, the property of R. W. Brown, on the 23rd September last, Mr. O'Meagher appeared for the defendant, and pleaded not guilty. Detective Chrystal deposed that from information received as to the theft of the goods, he made enquiries which led to the arrest of the accused on the 24th September. Charlotte Brown deposed that she was the wife of complainant, who was licensee of the Bricklayers' Arms, Chapel-street. She identified the goods produced as her property. When she last saw them they had just been put together to go to the wash. Accused was on the premises at the time. Selina Halpin deposed that she was a servant in the employ of Mr. Brown. She saw prisoner at the hotel on the day in question in the back yard, where she was washing, and she missed the clothes the following morning. Joseph Ball, a second-hand dealer, living in Greystreet, deposed that the prisoner came to hie shop and sold him several articles, which witness afterwards handed over to the police. He believed the articles in Court were the same. He had known the piisoner for some fifteen years, and had always considered him very respectable. Mr. O'Meagher, in addressing the Court, said that he could not refrain from com mentiog qijl the action of Mr, Ball, in X .. ' ".,'■ :■■■:■ ■*■•'■

receiving from a young man like the prisoner a quantity of clothing, which he must have known to have been in all probability stolen. Dr. Giles said that to a great extent) he agreed with the remarks of Mr. O'Meagher. One would hare expected that Ball would have inquired into tho manner in which the accused came by the clothing. He would reserve sentence, pending the report of the Probation Officer, until Saturday next. Obscene Language.— Richard Morrowwas charged with having used obsceno language in Brown-street, Ponsonby, on the 25th September. Mr. O'Meagher appeared for the uefendant, and pleaded guilty. Dr. Giles remarked on the disgusting language used, and said the public must be protected from such people. He would sentence tho prisoner to seven days, with hard labour.