SUPREME COURT.

Star (Christchurch), Issue 5332, 9 August 1895, Page 3

SUPREME COURT.

1 IN CHAMBERS. I Friday, Auoust 9. ; (Before his Honor Mr Justice Denniston.) His Honor sat in chambers at 11 a.m. mutt v. bishof. His Honor gave judgment in tbis case-t---an appUcation for an order prohibiting Mr H. W. Bifhop, Stipendiary Magistrate, from proceeding further in regard to the conviction of Samuel Nutt, hotelkeeper, lof Little Biver, for having supplied i liquor to persons in a state of intoxicat ion, and having permitted drunkenness jon bis licensed premises. The Magistrate ! had convicted the applicant, in opposition j to the opici >n of a Justice of the Peace who eat on tho Bench with him. It was ! contended that, in so doing, the Magistrate had exceeded his jurisdiction under Section 195 of the Licensing Aot,lßßl. His Honor held that the provisions of the seotion must be read aa providing that cases of off nc? a under the Act were to be heard by two Justices, or by a Stipendiary Magistrate either sitting alone' or with others. "Others," he thought, must mean other persons entitled to sit in a court of summary jurisdiction, which would include justices. Clumsily as the proviso waß worded, it seemed ; to him to be intended to' leave no doubt as ! to the powers of a Stipendiary Magistrate ! to adjudicate when sitting alone. Of course such a provision was unnecessary, but he could not see in the words sufficient indication of an intention j to create a court consisting of a Stipendiary .Magistrate or Magistrates entitled i to sit to the exclusion of other justices. S Throughout the Act the tribunal anthor- J ised to adjudicate on licensing oases was j spoken of aa the Court. By the interpre- | tation section " Court" was declared to mean a court of two or more justices of the peace sitting in the<r summary jurisdiction. ' ! The question was one which might, at the ! present moment, properly be brought before ' the proper authorities, so that the actual intention of the Legislature might be distinctly indicated. It could not be 'said that prohibition had been applied for too late. The question of jurisdiction had not arisen until the magistrate had given his decision, and the defendant was entitled to have a decision of the Court which would enable the steps irregularly taken to be retraced. His Honor did not think it was a case for OOStB. FLEXING v. fletcheb. Mr Stringer obtained an order for the ! appointment of a guardian* ad litem herein. j STUDHOLME AND OTHEBB V. LATTBE AND OTHERS. ! On the application of Mr W; B. Cowlishiw, an order was made adding and striking out certain parties therein. Mr Beswick, for the original defendants, consented. AYNBLHY AND ANOTHER V. THE UNION BANE. Mr Beswick appeared in support of a motion for the discovery of documents, which was granted. BB HUMPHBEY HANICEB, DECEASED. Mr Beswick obtained, an order for commission to executors, to be referred to the Begistrar. "WHMMB V. TATJJOB. Mr Casaidy obtained an order herein for the payment of money out of Court. BE HUGH WRIGHT. This was an application to fix the costs of recent proceedings herein, and was granted by consent. Messrs Bruges and Lane appeared for the parties. BE TRUSTEE ACT AND RE DEED OF BETTLE- - KENT, DENNY AND OTHKBS. Mr Hall obtained an order for the appointment of new trustees in the place of original trustees deceased. CANTERBURY SEED COMPANY . (N.Z.) V. PABKEB. Mr Bruges, for Mr Wilding, for the plaintiff, obtained leave to serve writ herein out of the colony.. One month after service waß allowed the defendants to file the defence, and the case was appointed to be heard at the first sitting of the Court after twenty-one . days from the filing of the statement. BBAY V. HUBBAY. Mr - Bates appeared in support of a motion by the plaintiff for leave to appeal in forma pauperis herein. It appeared that the name of Mr Donnelly had, by aunistake of the plaintiff, been appended to the application, though he had nothing to do with it. Mr Bates said that he had only been instructed on the previous day. He had seen Mr Donnelly, who had consented to allow his name to remain in order that the application might not be invalidated. Mr Flesher, for the defendant, took a preliminary objection that the application was irregular, being out of time. His Honor upheld. the objection, and dismissed the application on the ground that it should be made to the Court of Appeal. BB WAIMEA CREEK QOLD-MININO COMPANY. Mr Stringer obtained an order to pay a a dividend herein. HADLEY V. HCGG. On the application of Mr Weston, his Honor granted a special jury of fonr in this case, and fixed the hearing for August 26. BE B. m'eNIGHT. Mr Stringer, for Mr Wilding, obtained an order for executors' commission, to be referred to the Begistrar. BBAY V. M*GAVIN. On the application of Mr Casaidy, for defendant, his Honor granted a special jury of four, and fixed the hearing for August 27. PROBATES, &C. His Honor granted probate of the wills of Samuel Clarkson (Mr Weston), Peter Helmling (Mr Casßidy), Herbert Bonnington (Mr Flcaher). : Letters of administration were granted in the estates of Adelaide Mileß (Mr Lane) and Hugh Henry*(Mr Stringer.) BE COMPANIES AOT AND BE THE PABMBBB' UNION COMPANY. Mr Bruges appeared in support of a motion for the removal of the liquidator of the Farmers'. Union Grain, Prodnoe and Finance Company, Limited, and for the appointment of G. W. Hulme in his place. Mr Bruges stated that the liquidator had not yet filed his accounts. Mr Stringer appeared for the liquidator, Mr Kiver, and pointed out that an application had been set down by the liquidator for leave to pay a final dividend to the creditors. He submitted that it would only add to the expense to> remove the liquidator at the present stage. Mr Bruges submitted that the liquidator's remuneration,' £2 a week, had not been absolutely fixed. He would question the right of the liquidator to that remuneration, and to the company's solicitor's costs. Mr Stringer said that Mr Kiver had instructed him to Bay that whatever the strict legal interpretation of the order as to remuneration had been he would not contest that interpretation. He was quite willing for the matter to be referred to the Begistrar, and for Mr Bruges to attend the taxation of the costs and the settlement of the liquidator's remuneration. His Honor said that he recognised that the case had been one of considerable difficulty, as there had been a great deal of trouble in getting the shareholders to pay the calls. He did not see that any good would be done by removing the liquidator now. The question was whether the large expenditure had been justified. Mr Stringer said that final accounts would be filed within a week, Mr Bruges said that his' object was to prevent any further oall being made on the contributories. He applied for someone to be appointed to represent the contributories in the further proceedings in connection with the liquidation. After Borne conversation his Honor made an order for the payment of a final' dividend, and referred the matter to the Begistrar to tax cost a provisionally, without prejudice as to how they are to be paid, and to report aB to the liquidator's remuneration and generally. ■ '■■'" ' < < .