SUPREME COURT.

Otago Witness, Issue 2955, 2 November 1910, Page 53

SUPREME COURT.

IX CHAMBERS. Friday, October 28. His Honor Mr Justice Williams granted probate in the estates of the following deceased persons:—Thomas Cameron, Wm. Chas, Richards, Alice Kirkpatrick, Wm. Flint, Wm. Handy n, George Washington M'Caw, Robert Wilson, Thomas George Pearce. George. Fowell, Alex. Barclay, Andrew King, William M'Lean, Jane M'Kinlay, Emma Millar, and Mary Ann Russell. Letters of administration were granted in the estates of Jas. Steel Smith (deceased), and Hannah Dyke (deceased). Public Trustee v. Jamieson.—Order inado giving directions for service. Cummings and Others v. Gallaway and Executors (Mr Callan).—Order made appointing guardian ad litem; order giving directions for service. Bolton v. Public Trustee (Mr Wilkinson). Order made giving directions for service. PRISONERS SENTENCED. WELLINGTON, October 29.

Justice sentenced the following prisoners : Harry Neil, charged with theft of a dog, was convicted and ordered to come up for sentence when; called upon ; Te Rare. Tokaiwa, breaking, entering, and theft, six months' imprisonment. In the case against Robert Ernest Powell and Raymond Saunders, who had pleaded "Guilty" to forgery and uttering a Poet Office Savings Bank withdrawal receipt, Powell was sentenced to twelve months in Invercargill Gaol and Saunders was admitted to probation for 12 months. His Honor Mr Justice Cooper, <n behalf of Mr Justice Chapman and himself, delivered a reserved judgment yesterday on a preliminary point raised in the appeal of Frederick Pirani, of Feilding, against the judgment of Mr Haselden, S.M., on a claim for maintenance by Mrs Pirani when she was granted, '£9l 10s. The issue before the court was whether on the evidence and correspondents put in. a valid agreement for payment had been established. After exhaustively reviewing the correspondence, his Honor said: " We are unable to deduce from the correspondence a sufficient agreement to pay £2 15s per week so long as the parties lived apart. We cannot sufficiently determine what the agreement, was, and' we propose to take further oral evidence." His Honor suggested that a <s-ettlement would be desirable in the interests of the children. "It iis unfortunate." he said, <: that two married people should have their matrimonial circumstances ventilated in a court of law and in a public inquiry. It would not take much evidence to satisfy us that a binding agreement was made, but that evidence may not be forthcoming."

Mr Blair: There Ims never been any refusal on Mr Pirani's part. He always agreed to make an allowance. Mr Gray: Mrs Pirani was always prepared to come to some reasonable

Mr Blair: I don't think there will be any difficulties if the question is simply one- of allowance, but there will be difficulties if a binding agreement is suggested. Mr Pirani says his wife deserted him. Mr Gray: We say the boot is on the other foot. His Honor: If possible some settlement should be made. The case was therefore adjourned until Fridav.