THE COURTS.

New Zealand Mail, Issue 771, 10 December 1886, Page 9

THE COURTS.

SUPREME COURT.

Blackburn v Carlile and McLean.

(Judgment of the Court, 16th October.)

This was a motion by the plaintiff.for a npw trial. The strongest ground taken in support of the motion was that the action against the Northern Insurance Company had been commenced too late, and without informing the plaintiff of the consequence of the delay* : The fire was on the 28 th December, 1881, and the writ, it is said, was not Issued until more than three months after the rejection of the claim made for loss. Now, in the first place there is c'nsidorabb difficulty in saying' at what time the claim had been definitely rejeicted ; but, passing by this point, we are of opinion that it was open to the jury to find that the plaintiff bad suffered no actual damage by the date and commencement of the suit, or by the omission—if omission there were—to inform him of the effect of the condition of tbe policy. The plaintiff was aware that there were other absolute defences to the writ, and the jury were justified in concluding that even if the effect of tbe delay had been made known to him—supposing him not to have been already aware of it—it would not have affected his determination to bring tbe action, and run the risk of the objection as to time being taken.

As to the delay in giving particulars of cLim, there was conflicting evidence, and the jury chose rather to believe Mr McLean than the p’aintiff. The imputation of perjary to Baillie and Taylor is unsupported by any testimony beyond wliat was before the jury at the trial. The jury are the judges of credibility. They either beliered or disbelieved these witnesses. If the jury disbelieved them the verdict was not influenced by their testimony. If the jury believed them, this Court, bavins nothing before it which was not before tbe jury, can. not interfere with the conclusion of the jury. As to the existence of a loft, these men may have been mistaken, but the error would be immaterial In regard to the value of the stock, the testimony of these witnesses, that it had been grossly exaggerated,seems to be born out by the verdict of the.coroner’s jury. The motion is refused with £LO 10s costs.

(united press association.) Invercargill, December 7. The criminal sessions of the Supreme Court began this morning, under Mr Justice Williams, whose charge was confined to a sketch of the cases. Thomas Shelton, for forging cheques for small amounts, received nine months. Frederick H. Dale, mail carrier, pleaded guilty to four charges of stealing post letters. Sentence was deferred. Edward Jackson, a Tuturau farmer, was found guilty of perjury in the Resident Magistrate's Court at Gore, in the hearing of an action against him for the service of a stallion. Accused swore that the mare did not prove in foal, and resisted payment on that ground alone. To-day evidence was brought to prove that the mare foaled, that it was drowned, and that accused said he was sorry, as it was served by a good horse named Architect. The defence strove to prove that the foal was produced by another'mare. In passing sentence, his Honor said the offence of which the prisoner was found guilty was exceedingly common in the Colony, and, unfortunately, it was very rarely indeed that a conviction was obtained. The crime was one of a serious character, as it poisoned and corrupted the fountain of justice, and caused wrong to be done instead of right. Jackson was sentenced to two years’ hard labor, or half the maximum penalty. George Hi Howers, charged with stealing a cow, was acquitted, it being shown that there was no concealment. The animal was shot in wild cattle country, and at dusk.

Napier, December 7. The Chief Justice’s charge to the Grand Jury was of great length. His Honor Baid the charges were more numerous than on any previous occasion, due probably to the increase of population. He referred to three charges against boys, 15 years of age, as indicating an evil influence at work calling for legislative interference. Such cases occurring in an extremely well-to-do district —in tact, the most prosperous in New Zealand - and allowing for the extremely liberal provision made for education, were very deplorable. Their crime was probably due to the comparatively high wages earned by boys. He thought provision should be made for licensing out boys of tender years con-

victed of offences without showing criminal tendencies; he thought neither industrial schools nor reformatories had fulfilled their mission. He said one boy served five years in a reformatory, and had probably come out worse than he went in. The Probationers’ Act could only apply to grown men,' and even in their case was almost unvVorkable. The licensing oat of boys should be under Government control. v

Norman Gresham Hall, late schoolmaster at Kumeroa, was sentenced to eighteen months’ hard labor for the forgery of a small cheque. An application was made to havehim dealt]with under the First Offenders Probation Act, but it was stated that he had tampered with school children, embezzled the funds of the Kumeroa Road Board, and was continually drunk. George Broad, in* dieted for the rape of a child at Hastings was convicted of the lesser offence—of indecent assault, and sentenced., to three years’ hard labor. Two boys pleaded guilty to house-breaking. One, who reoeived a good character, was released on recognizances -to ■ come:; up for sentence when called upon. The other, who has been Jan inmate of St. Mary’s Reformatory at Nelson, was remanded pending an application to Government. A third bay pleaded guilty to the forgery of a cheque for £l2, and - wa3 remanded peuding inquiries - into his character.

Napier, December 8. Fred Hill, Post Office clerk, pleaded guilty yesterday to seven charges of stealing letters, and was brought up for .sentence today. The Chief Justice treated the first; indictment as a first offence under the Probation Act, and the prisoner will be under surveillance for two years. On the other six charges the prisoner is to find security of £IOO to come up for judgment when called. Robert Mitchell, for forging two orders for payment of 10s, was sentenced to 18 months’ imprisonment. Invercargill, December 8.

Afc the Supreme Coiirt this morning, F. U. Dale, who yesterday pleaded guilty to four charges of stealing post letters, was brought up for sentence. Counsel asked if the application under the Probation Act would be entertained, but Judge Williams said it was out of the question, and would never do if the public gave a mau license to sin once, and that,- because of his. previous goocLcharacter, with comparative impunity. Evidence ' as' to previous good character’ was given by the Chief -Postmaster and, others. Dale was sentenced to two years’ hard labor on. each.charge, the sentences' to take effect concurrently. Gregg and William Lloyd Johnson were tried for shooting a bullock and stealing the carcase at Venlaw Station. Both were acquitted.

IN BANCO. Monday, December 8. (Before his Honor Mr Justice Richmond.) 1 BELL V. STUART. In this case his Honor delivered judgment for the defendant, with costs on the lowest scale. MITGHELL V. SCOTT. This question involved the question as to whether a policy of life assurance on the life of the late Mr Scott was protected against debts due by his estate. Mr Jellicoe for the plaintiff, Mr Edwards and Mr Skerrett for the defendant. After argument judgment was reserved. VALENTINE V. ALLAN ET UXOR. This case, which was heard some time back, came up for argument, the question being whether the separate estate of the female defendant was liable for the plaintiff’s claim. Mr Edwards for-the plaintiff, Mr Jellicoe for the defendant. Judgment was reserved.

BANKRUPTCY COURT. Monday, December 6. (Before Mr Justice Richmond.) APPLICATIONS FOR DISCHARGE.

In re Mary Ann Woodley.—Mr Jellicoe appeared on behalf of the applicant. There was no opposition to the application. In reply to his Honor, the debtor stated that the Official Assignee’s report to the effect that she had spent about £9O more than she took while in business was correct. She accounted for this by stating that she had some money of her own before she occupied the hotel. The application was granted.

In re James Barr.—Mr Shaw appeared for the debtor, who stated that he had hept no books while in business at Porirua as publican. He attributed his bankruptcy to being sued for the payment of a bill of exchange on the Union Bank which he had previously paid to Charles Cheymol privately, the bank in which the bill was at the time placed for collection being closed. He also stated that he had not banked his takings. The Official Assignee stated that there was no bank at Porirua, and if there had been the debtor’s receipts were so small that they would not have been worth banking. His Honor granted the application. In re Charles A. Richards.—The Assignee stated that the bankrupt had an appointment as schoolmaster up-country, and that? the creditors were unanimous in.recommend- • ing his discharge. Application granted.; In re Charles O’Malley.—Mr W. FitzGerald, instructed by Mr Gresson, of Christchurch, applied. for a discharge on behalf of the debtor, who is at present ill in Christchurch. The application was struck out. An application by Mr B. Blower, an opposing creditor, for expenses for the day, was refused, his Honor stating that there were no assets, and it would be useless to grant an order for costs.

In re Wm. Hooke.—On the application of Mr Jellicoe, who represented the bankrupt, the application for a discharge was postponed till next sitting of the Court. In re S. Lezza.—Mr Jellicoe, for the applicant, asked the Court to fix a day upon which the debtor might apply for,his die charge. Mr Fitz Gerald, who represented several creditors in the estate, stated that the bankruptcy had not been declared closed. It was intended that at the next sitting of the Court the debtor should come up for examination, and until then it would be premature to fix a date for the application of the discharge of the bankrupt. Tbe Official Assignee stated that the Act allowed him two months after filing in which to decide whether it would be necessary to hold a public examination, and that period had not yet elapsed. Mr Jellicoe withdrew his application. In re Robert Scott. —The Official Assignee

stated that he intended to make an application that the public examination of the debtor and the bankruptcy might be closed. Both applications granted. An application by Mr Jellicoe, who appeared for the debtor, that the debtor might apply for his discharge, was also granted. CLOSED BANKRUPTCIES.

. On the application of the Official Assignee the bankruptcies of Martha C. Oakley and 1), Chisholm were declared closed. The ..bankrupts were granted leave to apply at the next sitting of the Court for their discharges. An application by the Official Assignee, to 'sell the book debts in the estate of D. Chisholm, was also granted. 015DEES POP. RELEASE.

Application by the Official Assignee for an order releasing him from his office in the following estates was granted: —Ridler, Thomas Watson, Lawry, King, Henry Dodd, France, Amesbury, Blandford, Haughton, Poppens, ftuskforth, Hutchens, Clark, Glew, Hirscliberg, and Nicholson. TAXED BILL OF COSTS,

An application by the Official Assignee that Mr Travers’ bill of costs, £32 9s Bd, in the estate of Robert Scott, should be taxed, was granted. The Court then adjourned till 10.30 a.m. on Monday, the 10th January, 1886.