LAW AND POLICE.

New Zealand Herald, Volume XXIX, Issue 8886, 24 May 1892, Page 3

LAW AND POLICE.

SUPREME COURT.—In Bankruptcy. Monday. [Before Mr. H. C. Brewer, Registrar.] Solicitous' Costs. — Mr. J. P. Campbell moved, in the bankruptcy of Ebenezer Cartney Earle, that the costsof the creditors'solicitors herein be fixed, and that an increase be ordered. Mr. Campbell said he had seen the Official Assignee, who stated that it was a matter entirely for the Court, and he did not wish to interfere. In this case there was a public examination of the debtor, in which he (Mr. Campbell) appeared with Mr. O'Meagher, and there were also two very long examinations. The debtor filed his own petition, but he had been disposing of his furniture in regard to which there had been a dispute between himself uid his wife, bub that was decided by an act : on prior to the filing in favour of the estate. The Registrar said the bankruptcy had not been closed, and there was nothing to show what was in the estate. Mr. Campbell said he understood it realisod over £100. The debtor, ho understood, had left for New South Wales. The total claim for costs, including disbursements, was £29 Is 2d. The Official Assignee was communicated with by telephone, and intimated that £117 had been realised. The Registrar intimated that he did nob think any costs could be allowed to the creditors for any proceedings prior to the filing, and ho asked Mr. Campbell if he could produce any authority. Mr. Campbell said he had no doubt lie could do so if the application was allowed to stand over. The method they adopted at the request of the body of creditors was the least expensive course. They book proceedings in the Resident Magistrate's Court in order to have him adjudicated a bankrupt, but in consequence of these proceedings the debtor filed. The Registrar said he would nob establish a precedent for allowing preliminary costs—more especially as the matter had already been decided by Mr. Justice Gillies—without some authority. The case was subsequently taken up in the afternoon, when Mr. Campbell quoted some English authorities in support of his contention that preliminary costs in a case like the present ought to be allowed. The Registrar, however, declined to allow them, and fixed the costs at £20 and disbursements. Mr. Campbell gave notico of appeal.

POLICE COURT.—Monday. [Before Captain Harris and Mr. J. Gordon, J.P.'s.] Drunkenness.—Four first offenders were each fined 5s and costs, or in default twenty-four hours' hard labour. ■ Mary Williams and Charles Edward MeCarrick were each lined 10s and costs, or forty-eight hours' imprisonment. John Murphy was fined 10-< and costs, with tho option of forty-eight hours' hard labour, for being drunk and disorderly.

Breaking Glass.—Helena Wright was charged with having broken two panes of "lass, valued at ss, the property of Kate Munro. Mr. Bauino appeared for the defendant, and pleaded guilty. Ho stated that she was drunk at the time, and not responsible for her actions. Inspector Broham pointed out that the defendant and another woman had got along the streets, and broken windows in other houses. Defendant was fined 20s, and ordered to pay for the damage done, or in default one month's imprisonment. A charge of having broken a window belonging to Margaret Moran was allowed to bo withdrawn. .

Trespassing.—Thomas Lamb wascharged with having trespassed upon the premises of Daniel Arkell, Newton, on the 21st inst., and with having refused to leave when ordered to do so. Defendant pleaded not guilty. Daniel Arkell deposed that he had discharged the defendant from his employment after duo notice. lie, however, refused bo leave, and had to bo removed by tho police, lie came back, however, about eiirht o'clock at night, and abused tlio complainant. The latter, from what ho had heard, had reason to believe that defendant meant to do him harm, and so carried a revolver. When accused came in the evening witness tired off the revolver to frighten him, but took care not to aim at bin. Ho did not tiro in accused's face. Co.'stable Haslett deposed that he had to remove defendant from Mr. Arkell's premises on Saturday night. He was using very abusive language at the time. The defendant stated that complainant had abused him, because he had come homo late from his work. Defendant was fined l()s and costs, or 21 hours' imprisonment, lie promised not to return to Mr. Arkell's promises. Education* Act. — Patrick Carr was charged with having failed to send his two children, both of school age, to school. The defendant's wife appeared, and stated that the children had been attending the Nuns' school at the Surrey HilK The case was adjourned for a week to enable the woman to obtain evidence. Orders wore made against the following, with cost-* i)s : — Richard Mills, Catherine Stevens, Win. rtonshaw, Thomas Garnaud, Joseph Baker, W. R. Ellison, Richard Warner, and Joseph Charles Bates. Eliza O'Neill was charged with having failed to comply with an order of the Court to send her children to school. A line of 10s was imposed, with the option of 4S hours' imprisonment.