LAW AND POLICE.

New Zealand Herald, Volume XXXVIII, Issue 11650, 11 May 1901, Page 3

LAW AND POLICE.

SUPREME COURT.— Chambers. (Before His lienor Mr. Justice Conoily.) At a chamber sitting held by His Honor yesterday morning, probate of the wills of the following persons deceased was granted : —Laughiin O'Brien, J. .'. Hevber, F. T. W. Batsort, J. R. Grey, B. T." Dudley, J. Russell, E. M. Porter, 'and R. rickmere.

MAGISTRATE'S COL" —Friday. (Before Mr. £1. W. Brabant. S.M.) No orders were made on the judgment summonses dealt with, and several " were j either adjourned or struck out. I DEFENDED CASE. New Zealand Accident Insurance Company v. Industrial Provident and Permanent Building Society: Cliim, £95 16s Sd. ! Mr. ('. F. Buddie appeared for plaintiffs j and Mr. Bmnre for defendants. This was I a case in which the pteintrffs, as surety for | one John Bancroft, formerly a manager in i the employ of the defendants, claimed to ! recover from the defendants a part of the dividends received In- the defendants out of i Bancroft's estate. Mr. Buddie, in opening the case, said that Bancroft w;us at one ' time manager of the defendan. company. ! The defendant company and Bancroft ap- i plied to the plaintiffs to guarantee Bancroft's honesty to the ex-lent of £1000. Ban- j croft subsequently became a defaulter to ' the extent of shout £1800 in respect of his employers' money;--, and the Building .So- I cient called upon the Accident Company to ! pay the £1000, which was paid. Bancroft became a bankrupt, and the plaintiffs proved upon his estate for tho £1000 paid by tho I plaintiffs as his surety. By arrangement, th.is proof was withdrawn so as to allow the Building Society to receive the whole of the dividend upon £1800, of which the Building Society Mas to account to the Accident Company for the proportion as upon £1000 if locally liable to do so. The question for the opinion of the Court was whether the Accident Company was entitled to this proportion of the dividend as against the Building Society, or whether the Building Society, having accepted £1000 from the Accident Company under its guarantee, could also retain the whole of the dividends received as upon £1300, the amount of Bancroft's defalcations. For plaintiffs. Mr. Buddie contended that upon (ho wording' of the policy the plaintiffs had guaranteed a part only ol Bancroft's liability, air.ountinc to £1000, and having paid that amount the contract was at an end and the Accident Company was entitled to prove upon his estate for that amount in tho same way as any oilier creditor. Tie argued that the ordinary principal as to the relative positions of surety and principal creditor applied to this case, and that there was nothing in the contract to show that the Accident Company had contracted itself out of its right to prove and claim dividends upon £1000. Mr. Baumo contended for the defendants that the guarantee was for tho whole of Bancroft's liability, alt hough the plaintiffs' liability thereunder miaht be limited to £1000. and that being so, that the plaintiffs could not claim dividends unon £1000 as against the defendants. Several cases were quoted by counsel on both sides. His Worship reserved judgment.

POLICE COURT NEWS, Mr. T. Hutchison, S.M., presided at the Police Court yesterday. Drunkenness: A first offender was convicted and discharged. Adjourned: John Coombes, an old ago pensioner, 74 years of ago, plea/led guilty to a charge of being found by night without lawful excuse on the premises of IWkland and Sons, viz., the Kemuora Kaleyards. SubInspector Mitchell said the Costley Homo authorities were willing to receive the man into the home. Accused had been sleeping in a closet at Ellerslie, and wandered about the roads. In answer to His Worship, accused said he did not want to go to the Costley Home, because he would lose his pension. His Worship said ho would adjourn the case till Monday next, to enable the accused to avail himself of the opportunity offered him. Remanded: Two young women named Annie MoGuire and Harriett Baker (18) pleaded not guilty to a charge of vagrancy. Constable Finnerty said the women frequented low places of resort, and slept on yachts, and kept company with circus men. Detective Herbert also gave evidence. The Sub-Inspector: "I think that if the women are remanded for a week, it would tend to purify them. I would ask for a remand, sir." His Worship: " I will be most happy to give it to them.' To the prisoners: "You are remanded for a week, in the hope that it may benefit you in the way of cleansing and otherwise."

Juvenile Offenders: Five boys named Arthur Ruddle [TS), Cyril Martin '(14). Chas. Sinclair (15), and Albert Hannken (13), pleaded guilty to stealing from the Queenstreet Wharf prunes to the value of 6d, the property of the Auckland Harbour Board. Mr. Battley appeared for Martin and Hannken. Sub-Inspector Mitchell said that Martin had broken open a case of fruit lying on the wharf, and the other boys had, helped themselves to the contents. Complaints had been frequent with regard to the pilfering carried on around the wharves, which was largely attributed to boys. Ho would ask the Bench to assist tho police in checking the pilfering that was carried on daily on the wharves. Mr. Battley, on behalf of Martin and Hannken, said this was the first charge against them, and their parents were willing to send them out of town. His Worship said from tho statement of the SubInspector they were all of good character, and he would alloy/ them to withdraw their plea of guilty. His Worship pointed out the seriousness of the charge to the boys, and discharged them with a caution. Seven small boys named James Cur, Arthur Golsher, Chas. SpinJey, Lewis Cheal, Arthur King, Frederick Thomas, and Joseph Thomas, were charged with throwing stones to the damage of property belonging to Ann Levi. All pleaded guilty but Carr. Constable Thompson gave evidence, and said the boys had not effected any actual damage. Mrs. Levi said a large number of school children came to her house in Richmond Road and showered stones on the building. The accused wore a small proportion of a crowd, and the police found that they attended the Richmond Road school. When she opened the door they threw stones into the hall. She could not identify the boys, as the whole school appeared to be there. She appealed to the Court for protection. The children also wrote offensive words on the side of tile house. The parents of the accused were in Court, and His Worship pointed out that if any of tho boys came before him on a charge of writing obscene words on public walls, he would send them to gaol. His Worship cautioned the boys strongly, and they were convicted and discharged. Cycling on the Footpath: Frank Augustus Mens was fined 40s, and costs 7s, for cycling on the footpath in Manuka Road. Epsom, and Win. Henning, 5s and costs 7s, for a like offence at Ellerslie.

Stray Horse: For allowing a horse to wander in Pitt-street, J. Whiteman was fined 1?, and costs 7s.

Breach of By-laws: Martha Lindsay pleaded guilty to a charge of exposing for sale several articles outside her shop window. Constable Montgomery deposed that the accused had a quantity of furniture on the footpath, which occupied a lot of space. Accused was convicted and discharged, on promising not to offend again.

Adjourned: Four lads, named William Preston, James Vincent, William Harvey, : and Walter Preston, pleaded not guilty to a charge of playing a game of football in Mark's Avenue, off Grey and Vincent Streets. Evidence was given by a, witness named Good, who said the Avenue was not a public road, but led to some tenements owned by Mr. J. 11. Lennox. Annoyance was constantly caused to neighbours by men and youths playing cards and football on Sundays in the lane. His Worship adjourned the case for a week to enable evidence to be called for the defence, remarking that there was undoubtedly a nuisance, and he sympathised with Mr. Good. Theft: Two young, men named Percy Smith and David Sullivan were charged with stealing a rifle valued at 13s 6d, the property of William D. Peake. No evidence was offered against Smith, and he was discharged. Sullivan pleaded guilty, and said ho was drunk at the time, and had no intention of stealing the weapon. A fine of 40s, and costs 6s, was imposed, in default a fortnight's imprisonment.