LAW AND POLICE:

New Zealand Herald, Volume XXVIII, Issue 8682, 26 September 1891, Page 3

LAW AND POLICE:

SUPREME COURT.—In Chambers. * ■ ; Friday. " Probate.—Probate was granted to the executors named in the wills of John Trethowen, Terence Kennedy, James Pollard, Thomas • Scott, Henry , Hellyer, Julia Clarke, " Margaret Breen, and Benjamin Porter. ' • i Administration. —Letters of administration were' granted in the estates of John Hart, Frank Villiers Dawson, Annie Findlay, and Benjamin Porter. Re Moses Ciiambkrs.— Thorne moved for leave to sell certain real estate, late the property of Moses Chambers (deceased). The consent ,of all the beneficiaries had been obtained, and the order was granted. Trustee Act.Re Trustee Act, 1885, and a sum of money deposited in Auckland Savings Bank in tho name of John Benjamin Russell and Ernest Valentine Cox's account, Mr. Brock moved by petition for payment to petitioner of the sum so deposited. In this case a doubt had been raised as to identity, but that was now cleared up, and an order was made for payment of the money by tho Colonial Treasurer, costs of the application to be taxed and paid out of tho moneys received. Re James Carlaw.—Mr. Gribbin moved for leave to sell certain real estate. His Honor. said that in. this case there were sundry -beneficiaries who. were all under age, and whoso consent had not been obtained. Ho thought they ought .to be represented, and there were others interested. Air. Gribbiu said that two of the parents had signed the papers, and the other had notice of this application. His Honor said a power of lease might bo granted, but he was doubtful whether he should grant the power to sell. He granted power to lease for 21 years,' but • without a purchasing clause. , .

Trust Money.Mr. Dunne moved by petition re the Trustee Act and the will of Thomas Hyde, to pay certain money to petitioner. In this case, .all but three of tho beneficiaries, had received their proportions, and tho'petition wa3 that a third of the balance be paid to , tho applicant, Jane Oliver. There was a doubt as to the existence of the other two, as they were not definitely described in the will. The order was granted in terms of prayer of the petition, that petitioner receive the onethird share of the trust fund now remaining in hand, the costs to be taxed and paid out of tho money received.

Administration Act.—Re the estate of John Nolan, Mr. Cotter moved for direction as to selling or mortgaging the settled estate. This was allowed to stand over. '

Lunatics Act.— Hugh Robert Sympson, a lunatic, Mr. S. Hesketh moved on •summons for the removal of Hugh Robert Simpson from the colony. The application was made under section 165 of the Lunatics Act. Mr. Hesketh said he had the consent of the Public Trustee and of the Asylum authorities. It was provided in the superintendent's consent that £100 should be paid for, past maintenance and £10 for costs, making a total of £110, but the Public Trustee dissented from this. lie (Mr. Hesketli)was, however, willing to take the order without that provision. The order was granted. , Crawford's Special G.M. Co. (in liquidation). —Mr. Alexander moved for an order empowering the official liquidator to exercise tho powers mentioned in section 15S of the Companies Act, 18S2, also that the debts and claims be adjudicated upon. There was an affidavit attached setting out the debts and claims, all of which were allowed. These were confirmed, and the power asked for under section 15$ was granted. Humphreys v. Donnelly. — Mr. Beale moved on summons to Pierce Lanigan to show cause why he should not pay certain moneys to plaintiff. No order was made, and there was no appearance of the parties. Steele v. Ramxose.-Mr. Buddie moved on summons to review taxation of costs, and Mr. Lusk made a similar motion.- The application was allowed to stand over. Steele v. Christiansen'.—This was a similar application, and was also allowed to stand over. ' / &M. COURT.—Friday. r'afj :[Before Dr. Giles, U.M.I Judgment Summons Cases.—ln the following judgment summons cases orders -were made as stated :—Harris and Jones v. Alfred Ceorgo Howard, £7 23 8(1, monthly instalments of' 10s ; James Rao v. Alfred George' Howard, £2 ss, monthly instalments of 10s to commence after payment of above ; William B. Parsons v. W. J. Culver, £1 Us Gd, payment w&hin a week; Henry Walker v. Margaret Moran, £1 12s, payment within a week. Undefended Case.—Cook and Gray v. William Garrett, judgment by default for amount claimed, £7 ISs and costs 9s. Percy Porter; v. Lewis Moses.Claim £34 Is fo" alterations made by. plaintiff to defendant's house. Mr. Mahony for the plaintiff and Mr. Burton for the defendant. The hearing of this case, adjourned from the previous day, was resumed, the dispute between the . parties - being as to whether certain work done by the plaintiff was included in a contract he had taken from the defendant, or whether he was entitled to charge for it as extra. After the defendant's evidence had been taken, the further hearing of the case was adjourned till Thursday next. POLICE COURT.—Friday. [Before Messrs. Jr. Rees George, .T. Gilmour, anil 13. 1«\ 'lizard, J.iV.s.J Drunkenness. — One man and one woman, both first offenders, were each fined 5s anil costs, or, in default, twenty-four hours' hard labour. Assault.—William Brett was charged with having, on the 2-ltli September, unlawfully assaulted and beaten Thomas Henry Blister, by striking him on the face with his clenched fist. Mr. Brassey appeared for the defendant, and asked for an adjournment, until . Monday next. Mr. Edward Cooper, who appeared for the complainant, opposed this application. The adjournment' was, however, granted. Bail was allowed—accused' himself in £20, and QjBC surety of £10. v Provoking Language.—Francis Houlihan was charged with having used provoking language towards his wife on the 22nd of September. Defendant pleaded guilty. Mr. Tylden appeared for the defendant, and stated that defendant was under the influence of drink at the time when tho ! language' 'was said' to have been made use of. The defendant's.own opinion was that a short period of incarceration might have the effect of ! breaking him off from the drink. His wife did not wish to press the charge. She was prepared to state that when her husband was sober, his behaviour was all that could be desired. Defendant was ordered to find two sureties of £25 each that he' would - keep the peace for one month. Smuggling.:-—William Firman , and Herbert Cornforth, alias Cornford, were charged with having, on the 24th September, committed a breach of the Custom Laws Consolidation Act, 1882, by knowingly removing goods liable to duty, namely, 14lb of tobacco, valued at £2 ss, from the steamship Tekoa, with the intent te defraud Her Majesty of the duty thereon. Both defendants pleaded guilty. Mr. Thomas Hill, Collector of Customs, appeared for the prosecution. He said ho would sue for three times the value of the goods smuggled by. the defendants. James Lockie deposed that on the day in question ho noticed the defendants coming on to the wharf 1 from the steamer Tekoa. They looked suspiciously bulky, and he therefore stopped them. On examination, he found the tobacco produced upon them. They said they had received the tobacco from their mates, and were going to sell it. Captain Stewart, of the steamer Tekoa, stated that this was the first offence for both of the men. They were exceptionally . pood men, and .were most reliable. Tho Bench, taking into consideration the previous good character of the men, imposed a fino of £2 12s 6d each, and ordered the tobacco to bo forfeited.