SUPREME COURT.

New Zealand Mail, Issue 1213, 31 May 1895, Page 36

SUPREME COURT.

The Chief Justice sat in bauoo on the 23>:d, and heard argument in a friendly action brought by the execufcric.es of Sfei 2s,tes Waiter Black, of K'aiti, near Gisbome, against the Government Insurance Commissioner and the widow and infant ebildx'en of the deceased, to bate the question determined how the policy moneys should toe applied. It appeared that the deceased in November 188 i apportioned the policy moneys by endorsement on the policy, giving his wife one shilling and his children the remainder in equal portions. By an apportionment also endorsed upon the policy in June, 18S7, he sought to revoke ■fche former apportionment, and give the bulk of his property to his son Walter. Then by his will made in May, 1891, he attempted to revoke both these apportionments,and to divide his policy moneys equally among his wife and children. Dr Findlay, for the plaintiffs, contended that the apportionment provided for by the will should prevail. Mr Chapman appeared for the beneficiaries under the first apportionanent, Mr Paterson for Walter Black (his son) aud the second apportionment, and Mr Treadwell i'or the Government Insurance Commissioner. His Honor reserved judgment. The point involved is of general interest, as if judgment is given against ]Dr Findlay once a person endorses on his jpolicy an apportionment of the insurance moneys it is irrevocable, unless he expressly reserves to himself the right of revocation.

The Chief Justice was engaged on Monday in hearing argument in an action to determine the validity of a will made by the late James Brisk, of Wanganui. Mr Treadwell appeared for the Public Trustee and Mz Barnicoat for the defendant, Jane Prisk. The argument was not finished when the Court adjourned. An application was made to Mr Justice jßichmond in Chambers on Tuesday on behalf of Mr Flockton for a charging order' upon .£2OO which the Government have been prepared for some two years past to pay over to Mr G. W. Ell upon his signing a receipt in satisfaction of all demands. Mr Gray appeared in support of the motion, Mr Knight for Mr Ell and Mr Ernest Bell for the Treasury. His Honor dismissed the motion. A matter of some interest to the medical profession came before Mr Justice Richmond in Chambers on Tuesday. It took the form of a motion for an order directing the .Registrar - General to register William Todd as a medical practitioner under the Medical Practitioners Act, ISO 9. It upappeared that in 1892 Mr Todd went from Auckland to pursue his medical studies in the United States. He first of all spent six months at the College of Physicians and Surgeons at Chicago, and passed the examinations qualifying- him as a first yeai-'s student. In 1893, through failing health, he was ordered to California, where ha joined the Cooper College at San Francisco, and began his second year's course in June and completed it on the 30th November following. His third year (also at Cooper College) began in February, 1894, and, with an interval of a month, continued till December following. The full time occupied by his coarse of studies from the date of his entering the University at Chicago until he obtained his diploma at San Francisco was a little over two years and two months. He then returned to New Zealand, and in January applied for registration as a medical practitioner. A further application was made in March, and the Registrar-General, after taking time to consider, refused the application, on the ground that Dr Todd had nob gone through a course of medical study of " not less than three years' duration," as prescribed by the Act. The present action is the consequence. Br Findlay, who appeared in support of the motion, contended that the years mentioned in the Act Avere academical years, and that these had been fully completed by his client. Mr Chapman, who offered opixosition on behalf of the Registrar-General and the Medical Association, maintained, first, that the three years mentioned in the Act were civil years and not academical years, and, second, that if academical years Dr Todd had notcompleted them, inasmuch as by removing to the Cooper College he had escaped several months of the necessary vacation. Judgment was reserved. In the Supreme Court on Tuesday the Chief Justice gave judgment in the action brought to determine the validity of a will made by the late James Prisk, of Feilding, in which the testator deprived wife of all benefit in his estate. The sum involved was about „Ciooo. Under the testator's first will the wife was a beneficiary. Subsequently he displayed symptoms of brain disease, and under the idea that his wife was poisoning him, because she desired to have him placed in an asylum, the testator made a second will revoking the first. His Honor held that it was beyond ail question that the testator was suffering from a delusion at the time he made this second will. He, therefore, must pronounce against it and uphold the original will. The question of costs Avas reserved. Mr Treadwell appeared for the Public Trustee, and Mr Barnicoat for the widow.

The Chief Justice wasengaged on Tuesday in hearing argument in the case of Walter Henry Chuiton v. Geo. Walker and Alex. McGregor, the question involved being as to the rights to certain road. 1 ; <>.- streets in the township of Easlown, situated on tlu left bank of the Wangamu River, near th > town cf Wanganui." It appeared that rather moro than ten years ago the father

ef. the plaintiff lo.id out the township of Eastown on property belonging to himself, and sold several sections. After his death in iSS's his estate was administered by the Court, and the legal estate in the roads in question was, by order of the Court, given to the son, Walter Henry Churton, as legatee under the will. The plaintiff now claims the right to close the roads, and the defendants claim to have rights-of-way over all roads shoAvn on the plan of the township. Mr Treadwell appeared for the plaintiff, and Mr Barnicoat, of Wanganui, for the defendants. His Honor rcserA r ed judgment. Chkistchueck, May 27. At the Supreme Court, James Whitehead pleaded guilty to three indictments of having - stolen sums of money amounting in the aggregate to J 2170, the funds of the Kaiapoi Working Men's Club, and Avas sentenced to three months' imprisonment on each charge, the sentences to run concurrently. John Turner Heard, lately city rate collector, was sentenced to two years' imprisonment, having stolen sums amounting to <£lo3. The Grand Jury found no bill in the case of Alexander Letion, charged with stabbing. Christchurcii, May 28. At the Supreme Court to-day, Jas. Alfred Selfe, charged with inflicting grie\'ous bodily harm on Sylvanus Jas. Partridge, was found guilty under strongprovocation, and Avas sentenced to two months' imprisonment. John Richmond Jones, found guilty of doing bodily harm to his wife, received a sentence of six months' imprisonment. Charles Henry Mitchell, for defrauding Oscar Laughton of d£B by the confidence trick, was sent to gaol for nine months. Geo. Laing, Avho Avas charged Avith assault and robbery, was acquitted.