LAW AND POLICE.

New Zealand Herald, Volume XXXIV, Issue 10629, 18 December 1897, Page 3

LAW AND POLICE.

SUPREME COURT.-Is Bankruptcy. Friday. (Before His Honor Mr Justice Conolly.) , ADJUDICATION. Re John Middleton, of Tikinui, a debtor. Summons for order of adjudication. Dr. Laishley appeared in support, instructed by Messrs. Dignan and Armstrong. There was no appearance of the debtor, and the order was made as prayed. ORDERS OF DISCHARGE. Applications for orders of discharge were made by Robert M. Ryburn, Archibald Henry Bell, Alfred Aldred (Mr. Cooper), Isabella Banks Aldred (Mr. Cooper), Henry Lipscombe (Mr. Cooper). In the case of Ryburn His Honor suspended the order for six months. Bell did not appear, the matter was ordered to stand over. Mr. McAlister said the Official Assignee had warned the bankrupt twice to come up for his discharge, but he had tailed to do so. If he did not come up next sitting counsel would have to ask for a warrant. His Honor suspended the discharge of Lipscombe for six months. Orders of discharge were granted to Aldred and his wife. His Honor also granted an order of discharge to James Hogau, for whom Mr. Lundpn appeared. Mr. McAlister appeared for the Official Assiguee in the above. In Chambers, probate. His Honor granted probate of the wills of the following persons deceased Frances Fletcher (Mr. Brookfield), Eliza Mary Darroch (Mr. Buddie), Mary Worsley (Mr. Hammond), Finlay McLiver (Mr. Stewart), Rachel Campbell (Mr. Buddie), Ann Catherine Davies (Mr. Dnnninghatn, for Mr. Armstrong). executors' accounts. Re W. C. Suarland v. L. J. Sharund and Others.—Summons for order compelling executors to furnish an account of their dealings (Mr. Brookfield in support). Mr. Coleman appeared for Mrs. Sharland and Mr. Davis, and Mr. Cotter for Mr. Phillips. An order was made as to accounts by consent. arbitration. Re the Arbitration Act, 1893, and a certain submission to arbitration between M. Ward and others v. J, 6. Ward: Mr. Parr moved for an order to appoint an arbitrator in lieu of one resigned. Mr. Cooper appeared for J. G. Ward. As the parties were likely to agree as to a person to be appointed, the matter was adjourned. taxation OF cost? Re the Law Practitioners Act, 1832, and re Adam Brock: Motion to tax costs. An order was made as prayed. INVESTMENT OF trust FUNDS. Re P. J. Hannan v. W. J. Robertson and George Raynes: Summons to compel executors to comply with provisions of will. Mr. Cooper (instructed by Mr. Mahony) appeared in support, and Mr. Buttou (instructed by Mr. Thome) for the trustees. The point at issue was whether the trustees hud power to place the portion of one of the beneficiaries under a will on fixed deposit in bank at the rate of 3J per cent, or whether they were not compelled under the will to place it on first mortgage, and produce a higher rate of interest. His Honor heard argument, and reserved his decision.

APPOINTMENT OF LIQUIDATOR, He the Mining Act, 1894, and the Katie Gold Mining Company (Limited), motion for order confirming the appointment of Official Assignee as liquidator. Mr. Cooper appeared in support. His Honor granted the order. registrar's certificate. Re W. A. Martin and another v. J. J. Paterson and another: Summons to show cause why Registrar's report should not bo confirmed and adopted. Mr. Bruce appeared in support, and Mr. McAlister to show cause. At the request of the latter an adjournment was granted. In the same matter Mr. Bruce appeared in support of a summons to show cause why a writ of injunction issued herein should not be dis solved, and this summons was also adjournedKBW EXECUTOR AND TRUSTEE. Re the Trustee Act, 1883, and re James Shepherd (deceased): Mr. Stewart petitioned for order to appoint a new executor and trustee. An order was made as prayed. LEAVE TO SELL REAL ESTATE. Re Cornelius Hill (deceased); Petition for leave to sell real estate. Mr. Oribbin appeared in support and was granted an order as prayed, subject to consent of children being filed. Mr. Parr's similar petition, in respect to the estate of Adam McKibbin (deceased), was granted. WRIT OF INJUNCTION. Re Preece v. Smythe and others. Summons that order of injunction be set aside, Mr. Campbell appeared in support, aud Dr, Laishley to show cause. Mr. Campbell sought to set the writ aside on the ground that an affidavit on which it was founded was filed before the statement of claim, Dr. Laishley, in support of his case, quoted a case, Prior v. Green, in Weekly Notes, 1886. His Honor said he must order the writ to be set aside. At the time the order was made it was just as if there had been nothing before him. If he had at the time noticed that the affidavit had been sworn prior to the filing of the statement of claim, he might have acted on Prior and Green,

MAGISTRATE'S COURT.-Friday. [Before Mr. H. W. Brabant, S.M.] JUDGMENT SUMMONSES. Orders were made in favour oi plaintiffs in the following instances :— Cruickshank, Millar and Co. v. T. Bennett, £3 7d; Tyree and Co. v. F. McGrath, £41 19s 3d ; Assets Realisation Board v. W. P. Watson, £36175. FOR SERVICES RENDERED. Francis P. Cahill v. T. E. Fitzgerald and Andrew McLeod, claim for the recovery of £19 16s 6d from defendants for services rendered in connection with Alley's mining freehold, and money paid on account of defendants. Mr. J. R. Reed appeared for plaintiff, and Mr. Jackson Palmer for defendant, Fitzgerald.' His Worship, in giving judgment, said that the partnership accounts were being settled in the warden's Court. The defendant, McLeod, had confessed judgment, and was sow a witness against the remaining defendant. The main defence was that under Section 265 of the Mining Act the Court had no jurisdiction in the matter. The claim was a peculiar one on account of one defendant confessing judgment. His Worship held that supposing the services were rendered, which appeared doubtful, they were useless to Fitzgerald in any case. He was not satisfied that they were rendered to the defendants as partners, and plaintiff would be non-suited as regarded Fitzgerald, each party to pay his own costs. In the other case (McLeod's) judgment was given on confession for the amount claimed with costs.

POLICE COURT NEWS. DRUNKENNESS. Mr. T. Hutchison was the presiding magistrate at the Police Court, yesterday. A woman who had not been before the Court for some time was convicted and discharged for drunkenness. Walter Harkins was convicted on a charge of being drunk and disorderly, and fined 10s, with the alternative of 43 hours' imprisonment. THE " HAT TRICK." Walter Moselen, a young man, was charged with assaulting Selina Maria Wilson, and with damaging her hat. Accused admitted the latter part of the charge, but denied the assault. From the appearance of the complainant, it was evident that her face had met with the same treatment as her hat. The constable who arrested the accused said that he was on duty about two o'clock yesterday morning, when he heard screams, and a woman came up to him and claimed his protection, alleging that she had been assaulted by a man. From the evidence, which disclosed a shocking state of immorality, it appeared that the accused had been living by the woman's prostitution. Accused denied the assault, and stated that earlier in the evening, the woman had torn his hat to pieces, and he thought he was justified in doing the same. He was convicted, and sentenced to one month's imprisonment, and bound over to keep the peace for three months. ATXEGED THEFT, A young Maori, rejoicing in the euphonic name of ftgohengohe, was charged with having broken into the store of George Maunder, at Kihikiki, on December 9, and stolen 12 bottles of whisky, four bottles of brandy, six bottles of wine, and three flasks of brandy, of the total value of £6 9s. The charge was translated by Mr. Brown, native interpreter. On account of the difficulty in getting witnesses from the back country, Sergeant Clarke asked for a remand of eight days to Te Awamutu, which was granted, MAINTENANCE CASES. Frank Stanley and Marion Bowden were each ordered to pay 2$ per week, towards the support of their mother. -