SUPREME COURT.

Star (Christchurch), Issue 4818, 5 December 1893, Page 3

SUPREME COURT.

B ' "• i In Chambers. THIS DAT. • . (Before his Honor Mr Justice Denniston.) . ! PROBATE. 3' t t ~ ono * g»ted probate of the will of t &t Q ,! ODj deceas ed, on the application of _ MrNalder. 1 divorce. I .~ r J °y° t a PPeared in the divorce matter of Kennedy and applied for a • summons requiring the huaband to further ' t*V et c P etltion f <> r alimony. The wife J ? I a l aid> reaaou to fa el'eve that the , Husband had a larger income than he had t set forth m his answer. An order was now sought to compel the latter to make further and true answer. [ : Mr Stringer appeared contra. , His Honor said the husband could be m cross-examined. The man was a farmer, j and it was hardly possible for a farmer to I c exact details of his income. He t (his Honor) held the answer to be guffiE went, considering that the man could be cross-examined. No order would be made, „ butcosts would be allowed. 1 Mr Joynt asked his Honor for directions ' regarding the trial of the case. ; His Honor agreed to take the trial before . himself alone, and fixed the hearing for | Dec. 18. I BE BIMPSON AND. WILLIAMS, LIMITED. ■ His Honor made an order cancelling i certain shares in, re the Companies Act, , and in re Simpson and Williams, Limited, on the application of Mr Fisher. In rei gard to another similar application, he said he would prefer to let the order stand over until Mr Fisher supplied him with the consent of the remaining shareholders.

| In Bankruptcy, BE THOMAS MILN. Mr Stringer applied for leave to put in a proof of debt in re Thomas Miin. '■ My Joynt appeared for the Official Assignee and oppoEed the order. His Honor, after hearing the nature of t the proof, dismissed the order. I Mr Joynt, for the Official Assignee, examined Thomas Miln, farmer at Southbridge, a bankrupt, for whom Mr Russell appeared. Thomas Miln deposed that in 1888 he had taken up a farm of 960 acres belonging to bia father at Soufchbridge. He had paid him .£345 half-yearly as rent, and £32 as interest on the stock, which was principally sheep. This arrangement continued for four yeara, at the end of which he gave it up, having then another farm of 200 acrea in his possession, which he had bought from his father during the four years at £15 per acre. Had paid this by mortgaging it to a Mr Hurat, who had been willing to advance the £3000 at 6 per cent interest. Fifteen pounds an acre was a fair price. He cropped the land, and his father found the labour. Worked for one . season only. His father had paid half the • interest on the mortgage. Lived on the 960 acres, and managed the farm for hie father, for which he got £80 a year. Was a widower with three small children, and his father provided the rations. Paid harvesters and fencers on the 200 acres, but kept no book. The receipts would show the amount. Kept a book for the 960 acres, but had not recorded his monetary transactions with his father. Grew on the 200 acres wheat and oats, 100 acres of each, and received £340 grOBB for them. Did not divide the profits of the two farms with his father. He wag j working the farm entirely for his own ! benefit after paying his father what he ! owed on the land. B&d seasons had driven him into the Bankruptcy Court. Did not , live a very fast life. Had had dealings . with Mr Victor Harris since sis. years ago. Had paid him 40 per cent; interest and altogether had paid him some £250. Had ; backed bills for David Gilmour, a eaddler j at Southbridge, a few months before his bankruptcy, and had divided the proceeds with Gilmour. They drew. bill& on one another for the pnrpose of making money. I Harris had discounted one of the bills at ,40 per cent, and Phillips another. Had ( backed bills for William Adams on the j same principle. Had been in Christchurch i a few days during last harvest, and a wind had blown the grain out of the crop.. To Mr Ruesell : Had filed a statement showing hiti losses during the last few years. Mr Joynt lodged the agreement between the bankrupt and his father. ' In answer to His Honor the bankrupt said that in 1891 he was in debt, when he bought the farm from his father.. Could not cay what he owed exactly.. He did not owe £500— at least he did not thick it was possible. His father at that time had paid all his debts and his working expenses. Did not know what he owed his father. Had repaid no part of. it back. Had bad a squaring up in 1802, and since then had paid nothing to his father.. At his Honor's request, the Official Assignee produced a statement showing all debts contracted by the bankrupt. Hie Honor remarked that the greater portion of the debts had been contracted during last year. As far as he could see from, the statements of accounts, the father had everything and the- creditors had only the debts. Miln had incurred debts after becoming a thoroughly ruined man.. It was an exceedingly unsatisfactory state of affairs. Hifl Honor then declared th&sxarnination closed. Mr Bussed asked that the application for discharge should stand over sine die.. This his Honor allowed. APPEAL OASSJS. Two appeal cases from Timaru in, re A. J. H. and J. O. Bower were allowed to Btand over till next bankruptcy day. IN KE B&BPBn AND CO, In re Harper and Co. a 'motion by Mr Berwick in re T;. W.. Maude, G*orge Harper and Leonard Harper to set aside a certain transfer waa ordered to stand till next sittings. * The Official Assignee moved for an order in re Leonard Harper for the payment of costs. His Honor said he would ascertain the practice on the point and make the order accordingly. ' ADJUDICATION. Mr Kipponberger moved that Sarah F. j

Brown be adjudiea-'od a bankrupt. The party did not appear. Evidence having been given as to her position His Honor ' made the order required. [Pee Press Association.] t «. „• WELLINGTON, Deo. 4. la the Divorce Court to-day, Jetsie Berg a domestic servant, Bought a dissolution o* marriage with her husband, Samuel Bess? a SS 0 •^? k ? r ' on the B round s of adultery with- Ethel . Buehley and otherß. The parties were married, in Wellington in 1887, and adultery and deßertlon havioit been clearly proved, Mr* Justice Richmond granted a decree nisi w5?« the m Su premo 'Court, in the case of William Thomas, oharged- with penury, the jury" are unable to agree and have been locked up for the night. WELLINGTON, Kec. 5. Ihe jury, in the perjury case against laomas, could not agree,, and were discharged and a new trial ordered. a.m. c DtWEDIN, Dec. 4. At the Supreme Court to-day, .the Grand! J * r £T??, fc . unie s true bilu in all but the case of William Boach, charged with housebreaking. Joseph Evans wbb found guilty of an aggravated assault on a woman named Euehton, and sentenced tobard labour for two months, Catherine Stevenson, for maliciously, wounding another woman, received two yeara. Annie Robertson pleaded "Guilty" to breaking and enteriDg, and received three years. Thomas White M'Lellan, eeventoen, for breaking- and entering, was admitted to iwelve months' probation. John Guillmofc,, for criminal assault on a girl under fourteen, was sentenced to live years, his Honor remarking tbat if the prisoner had inflicted any physical injury whatever on the child he would have added flogging. Percy Arthur Quinlan, breaking and entering, and ! William Eeid, maliciously wound jing, pleaded "Guilty," and sentenoe wa deterred.