LAW AND POLICE.

New Zealand Herald, Volume XXIX, Issue 8976, 6 September 1892, Page 3

LAW AND POLICE.

SUPREME COURT.—Civil Sittings. Monday. [Before Hid Honor Mr. Justice Conolly.]

Wm. Taylor and Another v. Ann Taylor and Others.—ln this case the matter brought up for the decision of the Court was the construction of a will. Mr. VV. Thome appeared on behalf of the plain tiff*; and Messrs. Theo. Cooper, T. Cotter, J. Blades, and Armstrong for the defendants, fourteen in number. A number of amendments in the will were agreed to upon the application of Mr. Thome. Af the questions involved were purely questions of law, Mr. Thorne asked the per mission of the Court to hear the action in Banco at the first Banco sittings. This was agreed to.

A. V. March v. J. R. Heckley.—Mr. E. W. Burton appeared for the plaintiff, and Mr. F. E. Bauine for the defendant. This case was adjourned until Thursday, the 22nd instant, as certain evidence which had to be taken in Sydney had not yei arrived. The case will be heard before a jury. Both parties agreed to inform the Court if any settlement should be arrived at in the meantime.

Mpseum of Art.—David Limond Murdoch and others, represented by Mr. C. E. Button, applied to the Court to approve of a scheme to give effect to the intention of the late J. T. McKelvie in connection with the Museum of Art, Mr. T. Cotter represented the Attorney-General, and the Mayor and corporation of the city of Auckland, who are the defendants. Mr. Button stated that the defendants were prepared to abide by the decision of the Court. The matter was one of great public interest, and he proposed to open the case at some convenient time. If His Honor saw his way to grant the prayer of the plaintiffthe actual details of the scheme might be settled in chambers. His Honor agreed that oho case should not be heard before Wednesday next. Mary Gibbons v. Joseph Bowmar. — this case Mary Gibbons, a widow, residing in Auckland, claimed the amount of £50 as damages against the defendant, Joseph Bowmar, a farmer, of the parish of Kaiwaka, for having wrongfully placed a fence on her land, the northwestern portion of allotment 61, parish of Kaiwaka, and thereby having taken certain iand without her authority, and used the same for his own purposes. Tho plaintiff also applied to have the fence removed at the defendant's expense, and asked for an injunction restraining the defendant from taking any such similar action in tho future. The defendant denied the plaintiffs ownership of the land in question. Mr. Mahony appeared for the plaintiff, and Mr. Theo. Cooper, instructed by Mr. VV. Thorne, for the defendant. Mr. Cooper said the only question to be argued was as to which was the proper lino. The defendant contended that he was on the true lino—on the lino that had been originally pegged out thirty-five years ago. John Lambert Tole, an authorised surveyor, deposed that in October, 1891, he was instructed by Mrs. Gibbons to redefine her boundaries as shown in the Grown grant, and he did so. He then found evidence of the old line he had dofined in 1859. He prepared the plan produced. According to his plan the extreme encroachment was 85 links, dwindling away to 63 links. The average encroachment was 74 links, extending over a length of about a quarter of a mile. Witness reported the result of his survey to the Commissioner of Crown Lands. By Mr. Cooper : He did not originally survey the block line, but re-defined it some years afterwards. The amount in dispute was about £3 or £4. Henri Patrick Gibbons, son of the plaintiff, deposed that he had seen the original survey when first cut. Bowmnr's fence encroached upon the plaintiff's land. Mr. Thompson had been sent down from the Survey Office, and he confirmed Mr. Tolo's survey. Bowmar refused to come to a settlement of the dispute. At this stage the Court adjourned until next day at ten o'clock in tho morning-

POLICE COURT.-Monday. [Before Captain Harris, and Mr, W. Mnnison, J.P's.]

Drunkenness. —One first offender, who did nob appear in answer to the charge, forfeited his bail of £1. Joseph William Dfiwber, for a second offence, was fined 10s and costs, with an alternative of 48 hours' imprisonment. Brkach of the Peace. —John Mathison was charged with using insulting behaviour towards Constable Bretherton, on September 3, to wit, fighting, whereby a breach of the peace was occasioned. Accused pleaded guilty to the charge, and was fined 40s, or in default seven days' imprisonment. Alleged Assault on a Detective. — Michael Ryan was charged that, on September 3, ho did unlawfully assault one Edward Hughes, a peace officer, whilst in the execution of his duty, thereby causing grievous bodily harm to the said Edward Hughes. On the application of Sergeant Gamble, the case was adjourned till next day. Sergeant Gamble stated that Detective Hughes had received a severe handling, and that the blood which was on the front of the accused's shirt came from Detective Hughes. Stray Horses. — William Quinn was charged with allowing his horses to graze in Victoria Quadrant. Defendant pleaded guilty to the charge, and was fined 6s and costs 14s. Michael Briggs, for allowing a horse to wander at large in Stanley-street, Devonport, was fined 5s and costs 7s. Foul Chimney. —James Pulcher Brown, for permitting a chimney of his house in Upper Queen-street to be on fire on August 31st, was fined Is and costs. Driving without Lights. — William Gavin and Cornelius Lynch were fined Is and costs each, for driving carts without lights on the evening of August 26.