LAW AND POLICE.

New Zealand Herald, Volume XXXI, Issue 9487, 17 April 1894, Page 3

LAW AND POLICE.

SUPREME COURT.— Chambers. Monday. [Before His Honor Mr. Justice Conolly.] Probate.Probate was granted to the executors in the wills of Edmund Gill, Hugh Bell, Francis Noble, Frederick Ireland, Alice Lilian Frances Gilbert, Thomas Raymond, Joseph Strong, William Corbett, Neil Peter Snrendsen, Thomas George Hunt, and Robert Howie (order renewed) Administration'.— of administration were granted in the estate of Charles Stuart Conelly, Thomas Naylor, William O'Beirne, Robert Garrett, Susan Lain", Esther Grattan. .Sureties were dispensed with in the cases of Mr. Conelly, Mr. Naylor, and Mr. Robert Garrett, Admissions to the Bar.—On the motion of Mr, George, Mr. Albert Gold water was admitted to practice as a solicitor of the Court. Mr. Noel Leslie Holmes Biss was also admitted as a solicitor on the motion of Mr. George, and Mr. Peter Gilchrist was admitted on the motion of Mr. Tole. Trustee Act, 1883.—1n the matter of this Act and of Hendry Somervell, deceased, Mr. Heskoth moved on petition for directions. First he asked as to the sale of Bank of New Zealand shares notwithstanding the language of the will as they were not bringing in the revenue anticipated. The petitioners were in doubt whether they were compelled to retain the shares. Mr. Heskoth said he had been unable to find any direct authorities on the subject. Then again there were 300 shares in the Loan and Mercantile, and they were requested to take up shares in the re-formed company and consent to the scheme of formation. They were asked to pay £22 10s each and rid themselves of liability, or £5 103 a share within two years, and take new shares. The trustees were prohibited from taking "shares in a new company, but he (Mr. Hesketh) submitted this was not a new company, it was a continuation of the old one. Then as to the gas shares, they were doubtful whether they should continue to hold them or to sell them. If the grandchildren survived the children the whole estate went to them and the trust ceased. His Honor said he considered with Mr. Justice Williams that the whole of the parties should be before him, for with regard to the bank shares it was certainly a question of law as to the construction of the will. With regard to the Loan and Mercantile Company, he was inclined to hold it was not a new company. Mr. Hesketh said he would, with regard to the Bank shares, withdraw the question. With regard to the Loan and Mercantile re-construction, and as to whether the trustees should consent to such re-construction, His Honor said he did not like to deal with it on petition. It would be better to form a special case on which the parties should be represented, but under the circumstances he should direct that the trustees assent to the new scheme. As to the

Gas shares, he was certainly of opinion that they should hold them. In Wellington the Gas Company had not suffered by the introduction of the electric light. He therefore directed accordingly ; costs to be paid out of the estate. - Waikato Coal and Shipping Company in Liquidation.—Mr. Cooper moved to fix the remuneration of the Liquidator. He also moved for an order ratifiyinjj the sale of Bradley's mortgage. Mr. Buddie appeared for the principal creditors, and consented to an order for £200 a year during liquidation. The sale of the mortgage was authorised. Re John Cunningham (deceased).—Mr. McGregor moved for an order for leave to sell the interest of the deceased in a certain piece of uncultivated land. The beneficiares all consented, and the order was granted, costs to be paid out of the proceeds of the sale. Appointment of Guardians. — In the matter of Wm. Arthur Grosse, Helen Mary Grosse, and Emily Jane Grosse (infants), Mr. Brookfield moved that a guardian be appointed. These children were at present under Mr. Brookfield's charge. The claim of the children was admitted, but they could not get it until some person was appointed to receive it. He asked that Mr. Ashton and himself might be appointed, and the order was made as prayed. Commission.— Wm. Findlay (deceased), Mr. Buddie moved that accounts of the executors be passed, and that they be allowed commission. The accounts were referred to the Registrar for examination. Rating Act.—ln the matter of the Rating Act, 1882, and of the seuth-east part of lot 26 and north-west part of lot 27, parish of Arapolme. Mr. Baume moved, on summons, to the Public Trustee to pay over £66 6s to John Costello. This was a balance accruing from the sale of the property lor non-pay-ment of rates over and above the rates due. The Public Trustee did not oppose, and the order was granted, Mr. Baume being appointed to receive the money on behalf of tae applicant. Summons for Commission (McNicol v. Wi Pere). —This was a renewal of an application, on summons, for a commission to take evidence in Gisborue. Mr. Baume appeared in support of the application. His Honor said that he would consent to the application standing over until the question of setting aside the Judge's order was decided. Mr. Cotter said that he would consent to the whole matter going to the Court of Appeal. His Honor said there was nothing to go to the Court of Appeal. The matter must stand over. Mr. Cotter applied for costs or he should ask that the summons be dismissed with costs, but His Honor said that would be prejudging the case. He would simply order that the matter stand over until the first chamber sittings, after the Banco sitting. McAktuck aND Others v. Sheik Bros. Mr. Campbell moved tohavethecliargingorder nisi herein made absolute. There was no appearance for the defendants. Notice had been served on Mr. Napier, the solicitor on the record, and on the parties. The order was made absolute, as against the Post Office Savings Bank, the Auckland Savings Bank, and Inspector Hickson with costs. South Pacific Trading Co., In Liquidation. —Mr. Cooper moved to settle the list of contributories. He said the necessary notices had been served in Rarotonga and elsewhere on the native shareholders, as well as on the European shareholders in Auckland and the Islands. Mrs. Mills appeared and said she was not in a position to pay calls. His Honor said the only question now was whether she held five shares and this she admitted. Captain Best raised the question of a set off, as he was a creditor as well as a shareholder. His Honor said that would come on afterwards, when it was ascertained what amount would be required. It was only a question of accounts. > His Honor granted the order settling the list of contributories contained in the list furnished by the liquidator, Mr. Osborne. J. M. Alexander's Estate.Mr. Cave moved for an order allowing the administrator (the Official Assignee) commission, also that the costs of the administrator's solicitor be referred to the Registrar for taxation. The commission asked for was five per cent, on the amount collected, less £120 paid for clerical assistance. His Honor said a commission of five per cent, could not be allowed as a great proportion of the money was easily obtained, as for instance, £2000 received from Hesketh and Richmond. He should refer it to the Registrar to report on the matter generally. The solicitors' costs were referred to the Registrar for taxation. Re James Bodell (deceased).—Mr. Johnston moved for an order to sell certain land. The order was granted. Kelly v. Waters and others.—Mr. W hi taker moved that certificate of registrar herein be approved and adopted. Mr. Brookfield appeared for Mr. Paton, and Mr. Parr for Mary Waters. The latter consented on behalf of his client. The certificate was approved and adopted as prayed. Divorce. —Orlando Inman Kempthorne, petitioner, Jessie Sarah Kempthorne, respondent, and Rogers and James Hawk co-re-spondents. Mr. J. A. Beale moved on summons for further time for the respondent to file answer. Mr. Campbell said that His Honor had already dismissed the summons on the ground that it was too late. Mr. Beale said au important element in dismissing the summons was that no affidavits had been filed, but affidavits were now filed. His Honor asked why the petitioner was so anxious to exclude the evidence of his wife. Mr. Campbell said the rules of the Court had to be adhered to. If His Honor would order that no application for the wife's costs against the husband be made, he would consent to the order going. His Honor said he had no power to make such an order, and Mr. Campbell said he should then oppose the summons. Mr. Beale submitted that the petitioner could not be prejudiced, and it certainly was bad form on his part to exclude his wife's evidence. His Honor said if this opposition was continued he should put the petitioner to strict proof, and Mr. Campbell said after His Honor's expression, of opinion, he should withdraw his opposition to the summons. The order was granted. Mr. Campbell thought he was entitled to costs, as this was the third summons which had been issued. £1 Is costs were allowed. In Bankruptcy. Close of Bankruptcy.—On the motion of Mr. McAlister, who appeared for the Official Assignee, the bankruptcy of Wm. Field Porter was declared closed. Re Alex. Heany (a bankrupt).—Mr. Jas. Russell moved for an order declaring that the affairs of the bankrupt had been sufficiently investigated, and that his examination is finished. Mr. Russell said the examination of the bankrupt took place before the Court in December, and in February he made a similar application to the preseut. Since then the bankrupt had been prosecuted for perjury, and for two offences under the Bankruptcy Act, but all these charges were dismissed by the Stipendiary Magistrate. Mr. Campbell said the reason the Official Assignee asked for the adjournment was, to search for an alleged brother of the bankrupt, who proved to be a myth, but the property had been vested in the son, who transferred it to the Official Assignee, and there being no further investigation necessary, he consented to this order lading made. The order was made accordingly. Mr. Russell then applied for an order of discharge for the bankrupt. Mr. Campbell opposed the motion, and Mr. McAlister appeared for the Official Assignee. The repert of the Acting-Official Assignee, Mr. Hould, was read by His Honor. Mr. Campbell asked that the matter be adjourned until the return of the Official Assignee, in order that he might report fully. The debtor could not be prejudiced by the application for his discharge being deferred till next bankruktcy sitting. Mr. Russell resisted the application for an adjournment. It was, he said, like persecution, to ask the bankrupt to wait now until the return of the Official Assignee. He had been ready at all times during the last four months to give all information in his power, and he had not been called on by the Official Assignee. His Honor said the case had been a most unsatisfactory one from the first, owing to the evasive manner in which the debtor had dealt with his creditors. If he granted a discharge, it would not take immediate effect, and he could not be prejudiced, therefore, by the adjournment. Adjourned till next bankruptcy sitting. Orders of Discharge.—Mr. Armstrong applied that an order of discharge be granted to Joseph Graham Percy, a bankrupt. The bankruptcy was on the 4th of October, 1892, and there was no opposition. The order was granted. Mr. Parr was to have applied for an order of discharge for George James Smith, but as his instructions were withdrawn he had no status in Court, and the motion was not moved. Mr. Cooper moved for an order of discharge in their joint and separate estates for John Fry, Thomas Fry, and Daniel Fry, trading as Fry Bros. Mr. Cooper asked that the matter stand over till next bankruptcy sitting, and the adjournment was granted. Mr. Campbell applied for an order of discharge tor Donald Kempt. Mr. McAlister said the Official Assignee did not oppose. The order was granted. Mr. Clayton, instructed by Mr. Calder, moved for a similar order for Joseph Clark, and there being no opposition the order was granted. Mr. Stewart applied for an order of discharge for William Chappell. Mr. Clayton appeared in support of the application. No opposition; order granted. Mr. Cooper made an application for an order of discharge for John Guest Ralph. No opposition ; order granted. Mr. Clayton moved for a similar order for Mary Ryan. He said it was a case of a person falling into the hands of the moneylenders. She borrowed, a certain sum, paid more than double the amouut and owed treble the amount. His Honor said it was a scandalous case of gross extortion, and it really appeared to him that they

in ii i ii ■——i ii 4 must revert to the old nsury lawn, but, unfortunately, although it was a hard case, it was not one in which the Court could interfere. The order was granted. Mr. Gribbin appeared in support of an order of discharge for Win. Kid Elder. There was no opposition, and the order was made. MAGISTRATE'S COURT.-Monday. [Before Mr. H. W. Northcroft, S.M.J L. D. Nathan and Co. v. McNicol's Executors.— £50. This was a case heard some time since, when the evidence of the plaintiffs was taken. It was an action to recover moneys paid by the plaintiffs for forfeits on two horses purchased by the late John McNicol at the Wellington Park sale, and which horses were entered for the Challenge Stakes, Christchurch. Mr. C. E. Button, with Mr. James Russell, appeared for the plaintiffs, and Mr. Theo. Cooper for defendants. Mr. Cooper now moved for a nonsuit on the grounds that the Challenge engagements were not entered in the printed particulars of sale, and also that the plaintiffs were under no legal obligation to pay the forfeits. Mr. Button replied. The arguments were somewhat lengthy, and numerous authorities were cited. His Worship reserved judgment until the 14th May.