Supreme Court.

Star (Christchurch), Issue 342, 18 June 1869, Page 3

Supreme Court.

This Dat. (Before Mr Justice Gresson.) His Honor sat in the Court Chambers, at 1 1 o'clock, this morning. RE WILLIAM HENRT WHTTE, DECEASED. Mr Cottrell applied for letters of administration to the widow. His Honor said he was afraid that the application was rather premature ; barely four months had elapsed since the supposed death of Mr Whyte. The learned Counsel could consult the authorities, and could bring the matter forward again. No rule at present. RE JOHN BOWIE, DECEASED. Mr Cottrell applied for probate to the! executrix and executor. Order made as prayed. SB MICHAEL JOHN BURKE, DECEASED. An application was set down in Mr Hanmer's same for probate to E. C. Minchin, an executor. Mr Wynn Williams, on behalf of Mr Hanmer, asked his Honor to allow the application to stand over until Tuesday next, in order that another executor might -have an opportunity of proving. The matter was postponed accordingly. RE JOHN BLAKE, DECEASED. Mr Fereday, on behalf of Mr Travers, applied for letters of administration, with will annexed. His Honor said there was a difficulty in the matter, as over a twelvemonth had elapsed since Mr Blake's death, The rule was, that application should be made within two months subsequently. The matter was ordered to stand over. In Bankruftct. be jacob levein. Mr Garrick applied for an order fixing the date of last examination and discharge. His Honor fixed the last examination for the sth August. BE JOHN EDWARD DUFF. Mr Garrick made a similar application, which was granted, the sth August being fixed for the last examination of the bankrupt. BE HENRT HUHUNKE. Mr Joynt applied for an order of adjudication, and meeting of creditor!. His Honor made the order, fixing the meeting of creditors for Monday, the 28th June, at 11 o'clock. RB JAMES GRANT. Mr Joynt applied for an order of adjudication, and meeting of creditors. His Honor made the order, f xing the meeting of creditors for Monday, the 28th June, at 12 o'clock. In Banco, wilson t. oaton and axotheh. On the application of Mr Garrick, his Honor gave leave to file a supplementary declaration to bring Mr J. E. Graham, the assignee, before the Court. BEBWIOK V. THE MATOR, COUNCILLORS, AND BURGESSES OF KAIAPOI. This case was set down for further argument. Mr Wynn Williams said he understood that his learned friend had agreed to a special case to the Court of Appeal. He had communicated with Mr Porter, who was quite willing to go on special case to the Court of Appeal. He had not, therefore, come prepared to argue the case further. Mr Garrick said he didn't say he would agree to a special case. Mr Williams and the Registrar said the learned counsel had used the words on the previous Chamber day. Mr Garrick said that what he meant was, that the case should be re-argued, but that his Honor's judgment should be reserved. His Honor said the only point he was not quite satisfied about was the question of estoppel. Mr Garrick : I find the cases are overruled which Mr Travers relied on. His Honor said there were two questions of difficulty — first, whether the defendants were trustees in the sense laid down in the case of Mytton in 2 Term Reports ; and second, whether the same principle that applied in that cau would apply here.

Mr Williams said his great ground of contention was, that no such right as was j set up by the plaintiff was given under the agreement in question. I His Honor said he waa quite satisfied that the plaintiff was different from the rest of the public, under that agreement. If lawfully in possession under that agreement, he was ia a different position from the rest of the public. Mr Williams : I contend it does not give him the right he claims to navigate the river. He has a right t© do so generally with the rest of the public. His Honor : It does not give him an indefeasible title, but a possessory right. It was arranged by counsel that the further argument of the case should be postponed until Tuesday next. RE JOHK HBNET CATON. Mr Joynt saii that up to the last moment yesterday evening, it was found very likely to be impossible that Caton would be able to find bail. Mrs Caton called on Mr Duncan, with a view to a reduction of the sureties, but he said he would not consent to any reduction, but would leave the matter entirely to the Court. Hia Honor said that Mr Duncan was quite right, considering that there was a conviction. He did not think that Caton would suffer much from being imprisoned. If the judgment of the Court of Appeal should confirm his Honor's view, he would probably give him credit for the time during which he was incarcerated. He could do no more than that. Mr Joynt aßked if his Honor would, on any future day, be willing to listen to an application to justify bail. His Honor replied in the affirmative, if made within a reasonable time. The Court then rose.