SUPREME COURT.-IN BANCO.

Otago Daily Times, Issue 2489, 27 January 1870, Page 2

SUPREME COURT.-IN BANCO.

Wednesday, 26th January. (Before His Honour Mr Justice Ward.) He Vjxcent Ptke.— Mr James Smith moved, upon the affidavit of Mr A. Brough, for a rule nisi^ calling upon Mr Vincent Tyke, Geldfields Warden, to shew cause why a j mandamus should not issue compelling him 1 to register a certain deed. The ground which had been taken was that the deed ought to bear an ad valorem stamp, and from ■which exemption was vow claimed nnder the Stamp Dutie3 Act. A rula was granted j and made returnable fourteen days ■ after | servica. Hakeis v. Shanley.—Mr James Smith moved for a final order to wind up the suit, and intimated that Mr Howorth consented. Order granted. Eegisa v, Whetter.—This was a rule nisi calling upon William Henry Whetter to shew cause why an information in the nature of a quo warranto should not be exhibited agaiusthiin, to shew by what authority he claimed to hold office as Mayor of the town of Cromwell. Mr Barton, with Mr Howorth, appeared to move the rule absolute, and Mr Jamea Smith to shew cause. * It appeared, from affidavits read, that on the 21st July, 1800, an election of Mayor for the town of Orourweli was held, when oeorge Wei ington Goodger waß elected in the room of Whetter. On the 2nd August, however, Goodger forwarded a letter to the Town Oterk, resigning his office as Mayor, and on the 9th August he transmitted, another letter withdrawing his resignation. Tne grounds upon which Whetter was called upon to show cause are as follows :.— —1. That his year of office as. Mayor of the incorporated town of Cromwell being the time during which ha.legal>y might hold and exercise the office of Mayor of the said incorporated town expired on the Ist August, 18(59. ■ 2 That the above-named George Wellington Goodger was, on the 21st July, ! 18(59, duly elected M yor of the said incorporated town of Cromwell for the year end- ! ing the Ist August, 1870. 3. That there has been no extraordinary vacancy in the office of Mayor of the said incorporated town siuoe the said Ist August, 1869, and the election on the 9fch September, 1869, was therefore irregular. 4. That the said election on the i 9th September, 1869, was also irregular, in-' asmuch as such election was held on a day ! later than fourteen days from the time when an extraordinary vacancy in the office of Mayor of the said incorporated town was declared to have occurred, and contrary to the provisions of the Otago Municipal Corporations Ordinance,. 1865. . Mr Smith having addressed himself to various questions involved, His Honour intimated that an important point for consideration was "whether or not Goodger had power to waive hia resignation before the election of another Mayor." Authorities upon this point were referred to, and ultimately, .His Honour, decided to make the rule absolute on the dictum of Chief Justice Holt. In accordance with such dictum "Goodger had a right to waive hia resignation piior to the election of a successor, and such resignation was waived. 0 After Mr Barton had addressed himself to the question of costs, it was decided that the relator should enter into a recognisance at Cromwell. : IN BANKRUPTCY. Philip Flynn.—On the application of Mr M'iLeay, Fiynn was adjudicated a bankrupt on his own petition, and a meeting of creditors was fixed for the 4th February. Philip M-Lean.—Mr Barton, on behalf of Mr M'Keay, obtained an order for a meeting of creditors, to be held at Lawrence, instead of at Dunedin.

James Steshouse.—On the appKcation of Mr Stewart, instructed by Mr Stamper, an order for adjudication was granted, also to release the bankrupt from custody. The Court adjourned until next; day.