SUPREME COURT.

Star (Christchurch), Issue 5211, 19 March 1895, Page 3

SUPREME COURT.

IN CHAMBERS. Tuesday, Mabch 19. (Before his Honor Mr Justice Dermiaton.) m'hale and anothee t. m'hale. Oa tho aj plication of Mr Izard an order was made herein for the removal of sheep, conditionally on certain money being paid into Court. Mr Joynt, for the other tide, consented. BOWKON V. BAXTER. Mr Kippenberger applied for an order approving and adopting the Registrar's report herein. His Honor mado the order as prayed. . ALGKB V. CABLETON." Mr Joynt, for defendant, applied for a redaction of plaintiff's costs. The Registrar had, ho said, allowed plaintifi'a counsel £\o 15s as fee for the second day. The fee fixed by the cde for a first day was £? Is. . ' : Mr Russell uppearedon tho other side. After a brief diacuasion hia Honor 3aid that had h:3 attention been drawn to it when he certified for a second dayj he '■ would have cerlified for £5 5s fee, and ho would nllow that sum. BE TBU&TEK ACT AND BE PETITION OP ; M. A. HOBAN. " ; On tho application of Mr Rosa 7 bia ; Honor graatpd an order confirming the ; report of the Registrar hereiu. . BE B. BUTTON, DECEASED. ' Mr Joynt obtained an j>rder for paynenb of commission of a\ C. Hall, aB ( ixecutor herein. .....-,.. ' BE T. O. HAT, DECEA6ED. In reference to thia matter, a motion in lonnection with the consideration cf the ; legistrat'd report, ■ His Honor said that he did sot see bis * yay to make any order, os he had no power 1 o deal with the property cf the beneficiaries i n the way proposed, by mortgaging it in > rder to pay off certain liabilities incurred I ly the executrix, f Mr E.ippen*uergep asked Hia Honor to < lirect an inquiry into the proceedings, and i o cause it to be stated what would be a < air amount to be applied to the mainte- " lanca of the executrix. 1 His Honor said that if Mr Kippenberger < /ould give him a memorandum of the { irder required, he. .would consider the natter. , ... . . ] BE i. B. GtBESBOJK_-—^ '." ~Ou tUo api/Uimtuir-oT 'Mr W. P. Cowli- I haw, his Honor made an order confirming - he Registrar'a report herein. ' probates, &c. ,■ Hia Honor granted probate of the wills i if Mary Chapman (Mr Bishop), David ' d'Lenahan (Mr Izard) aud Mary Lenrick (Mr Hall). i Letters of administration were granted . »E the estates of Patrick O'Brien (Mr '■ rpyce)jand Christina Arkle (Mr Kippen- < lerger. ' : BE T. ELLIS, DECEASED. - Hia Honor, on the application cf Mr 3 rVilding, granted an order confirming the - Segistrar's report herein. : IN BANKRUPTCY. BE JOBEPH MOFFATT. I Mr Slater applied for the bankrupt's ( lißoharge. The Official Assignee stated that a proof , )l debt had been just put in by Messrs . Scott Bros,, who opposed the discharge, m the ground of alleged misrepresentation. Mr J. L. Scott attended, and explained , ;hat the proof had net been lodged within ihe prescribed time owing to a misunder- ; itanding arising through his absence from jhriatchurch. ; After a Bhort discussion, Hia Honor Baid le would adjourn the matter till next i bankruptcy sitting. ■ . ; BE G. P. MUTIT. Mr Joynt, for the bankrupt, informed the ; sourfc that he had looked into the question : >f whether the rents of certain Native relerves on the West Coast, now in the lands of the Public Trustee, passed to the )£Scial Assignee, and he had come to the tonclusion that the Public Trustee had jeon mistaken in his view of the law, an d hat the money in question did paas. He lad given notice to the Public Trußteo, md would ask that the matter should stand >ver sine die. His Honor agreed to thia course. EE Q. W. ELL. Mr G. W. Ell rose to move for his Elonor'a decision in re the Bankruptcy Act, 1892, and re himaelf and Leonard Harper. Be asked his Honor to overlook an omission in the documents relating to the application. Hia Honor eaid that the first thing Mr Ell had to establish was that this was a proper application to make in the bankruptcy court. : Mr Ell Baid that he trusted it was> 1 His Honor said thab it was not. He could not advise Mr Ell, for several reasons — because it was not his businees to do so, and also because his advice might happen to be wrong, as judges were not infallible. Mr Ell said that ho had made an effort to comply with his Honor's views in reference to getting legal aseistanc9 but had been unable to do so. : His Honor said that if Mr Ell had anything to urge why his application should be heard in the Bankruptcy Court, he (his Honor), would hear it. Mr Ell was doing quite right in bringing these matters in reference to the disputed accounts before the Court, but he seemed to have blundered in his manner of doing so. These matters related to actions which were still pending, for the bankruptcy of Mr Ell and the Harpers had not put an end to them, though steps might have to be taken to revive them. If they were revived and proper steps were taken, it was quite possible that it would be open to Mr Ell to bring these disputed matters before the Court, not in bankruptcy, but in connection with the actions. Mr Ell ' could surely find a solicitor who could, at ' all events, put him in the right way of bringing these disputed items befose the Court. i Mr Ell said that he could not. | His Honor said that tjhen the profession must lia7o altered very much since he knew i it. It was impossible for him to givs a decision on conflicting accounts on an etc pnvte application like this and in the absence of the other parties. Mr Ell asked if his Hoaor. could take the application in Banco. His Honor said that he could not. Banco and bankruptcy were not mere meaningless terms to be "bandied about. The proceedings were altogether wrong aad irregular,