THE COURTS.

New Zealand Mail, Issue 937, 14 February 1890, Page 11

THE COURTS.

SUPREME COURT.

CIVIL SITTINGS. Monday, February 10. (Before his Honor the Chief Justice.) MAUDE V. ARCHER. In this case the plaintiff, Mrs Emma IT. Maule, alleged that the defendant, William Archer, as executor under the will of Mary Ann Hayes, had been guilty of a breach of trust, and she prayed that an account might be taken of the real and personal estate of the testatrix, and that the estate should be administered under the decree of the Court. The plaintiff alleged that the will provided that the real and personal property of the testatrix should be converted into money, and qhe proceeds distributed equally amongst her children, and, further, that the defendant had been guilty of default by distributing the household furniture of testatrix amongst her children, to the exclusion of the plaintiff, instead of converting it into money ; also, that he had broken trust by selling two houses in Nairn-street. Mr Jellicoe appeared for the plaintiff, and Mr Brandon for the defendant. His Honor granted a decree of administration, directing that the realty be sold by Messrs Macdonald and Co., with liberty to the beneficiares to bid, plaintiff to have coses out of the estate, but the defendant to have no costs of or prior to the hearing, other questions as to costs being reserved for further consideration. The Court then adjourned until Thursday. BANKRUPTCY COURT. Thursday, February 6. (Before his Honor the Chief Justice.) APPLICATIONS FOR DISCHARGE. A. W. Stephenson, grocer, did not appear to apply for his discharge, and Mr Gully, who appeared for the opposing creditors, stated that the debtor had left the Colony. An application for the discharge of Christina Walker, milliner, was made by Mr Gully, who stated that she had gone to Melbourne, as it was not considered necessary that she should be present. His Honor thought the debtor should have remained in Wellington until the application had been disposed of. Eventually his Honor adjourned the hearing of the application until the next sitting of the Court. Mr Travers drew the attention of his Honor to the case of S. P. Nash, flaxdresser, of Pitone, who had filed a petition in bankruptcy shortly after coming down from Foxton. His Honor declined to deal with the petition, ruling that the debtor ought to have filed in tlie Palmerston North district. CLOSED BANKRUPTCIES. The bankruptcies of Peter Hutson, contractor, and Byron Brown, draper, were declared closed, and the debtors ordered to come up for their discharge at the next sitting of the Court. TAXATION. An order was made, on the application of Mr Travers, for the taxation of the bill of costs rendered by Messrs Brown, Skerrett and Dean in the estate of A. W. Stephenson. ARGUMENT. A case in which the Bank of New Zealand sought to join the Official Assignee in dealing with some freehold land mortgaged to them by J. VY. Rickman, a bankrupt, was argued at some length, his Honor eventually reserving bis decision. Mr Treadwell represented the Bank, and Mr Travers the Official Assignee,

The next sitting of the Bankruptcy Court will be held on the 13tli March. DIVORCE COURT. Wednesday, February 12 ; (Before his Honor the Chief Justice.) MALCOLM V. MALCOLM. This was a petition by Algeiei Malcolm for a decree nisi on the ground of her husband’s desertion, coupled with cruelty and adultery. Mr Brown appeared f@r the petitioner. The respondent did not appear, and was not represented|by counsel. The petitioner stated that she was married to Andrew Malcolm, carpenter, at Nelson, 1871. They resided at Nelson for about a year, and then removed to the Upper Hutfc. They had five children. In 1881 petitioner went back to Nelson as she was in delicate health. The home was sold at the Hutt, and her husband went away without making any provision for her and the children. She did not hear of him again for about 18 months, and during this time she supported herself and family by dressmaking. Subsequently they again lived together at Blenheim, but as her husband was frequently intoxicated and ill-used her, she had him locked up, and after this they again separated. Petitioner again lived with her husband at Woodville, but after she had been with him about a week she learned that he had been living with another woman, who had passed as his wife. The petitioner stated that on several occasions her husband had ill-nsed her. His Honor granted a decree nisi. DECREE ABSOLUTE. Decrees absolute were granted in the following ca-ses : —Seeker v. Seeker and another ; Mudford v. Mudford and another ; Longhursb v. Longhurst ; Carlson V. Carlson. The Court then adjourned until 30 o’clock next morning.