SUPREME COURT.

Wanganui Herald, Volume XLIX, Issue 14219, 17 February 1914, Page 2

SUPREME COURT.

WANGANUI SESSIONS. (Before His Honour Judge Edwards.) TO-DAY’S SITTINGS. The Supreme Court session were resumed this morning at the Court House, Judge Edwajds presiding. BANKRUPTCY. DISCHARGE. On the motion of Mr L. Cohen, a discharge from bankruptcy vva.s granted to John Johnson, of Makikiri. RELIEF OF ADMINISTRATION. The D.0.A., Mr T. R. Saywell was granted’ relief from the administrations of the following estates in bankruptcy: George McGregor (Wanganui), Christopher Kennedy (Waiouru), Arthur Osborne Smith (Wanganui), Cecil Herbert Handson (Moumahaki), Robert Hardy (Eordell), George Smith (Wanganui), Coleman Weingott (Gonville), M. A. Clapham (Wanganui). CIVIL BUSINESS. A JUDGMENT SUMMONS CASE. The Case R. Connon v. Mawae Tauri which was a judgment summons case, and which was adjourned from last week to allow the defendant to supply the Court with particulars of the position as to finances, was called on again this morning. -vir N. G. Armstrong, who appeared for Tauri, stated that his client had not put in an appearance, but had wired that he was unwell, also that he would pay £2 a month off the debt. Mr Armstrong asked leave to withdraw from the case as he understood the amount offered would not be satisfactory to the other side. Mr C. G. Mackay, for the plaintiff, stated that under the circumstances he was prepared to accept the offer.

His Honour accordingly made an order tor the payment of M'Z'a month on the amount sued for, viz., iUCI, and interest at the rate of 5 per .cent, on the debt not paid off also that Tauri should pay £a court costs. A month's imprisonment was fixed as the default.

A WRIT OF MANDAMUS. David Fleming, a resident of Wavcrley, applied for a writ of mandamus against the Waverley Town Board on the ground that the Board had failed, as they were compelled to by the Town Board’s Act of 1908, to advertise, publish or post up for the public information during the month of May, or as soon after as convenient, a full statement of accounts of the Board's financial transactions during the year. Mr O. Hutchison appeared for the plaintiff and Mr W. J. Treadwell for the defendant Board .

Mr Treadwell contended that a mandamus could not be issued unless and until the. person seeking the mandamus bad maddß a demand or request to the proper authorities to linve the duty enforced. This, the plaintiff on his own show'll? had not done. Also there was the additional fact that a statement of account which had not been audited could not be published by the Board, and as in this case the Board had.received its statement back from the lid it Department it bad sufficient grounds on which to set ande the application' of the plaintiff as they had not been guilty of any breach of duty. Judgment was reserved.

PORRITT v. PORRITT. STRUCK OUT. On the case Porritt v. Porritt being called on, Mr W. J. Treadwell, for the defendant, asked that the case be struck out as a settlement satisfactory to both parties had been arrived 'at, without the necessity for calling in the assistance of the Court. Mr Cook, of Marton, for the plaintiff, concurred and the request was granted.

DIVORCE. JESSOP v. JESSOP. Rose Jessop (Mr Mackay) sued for a divorce from her husband, T. V. Jessop, farmer of Putiki, on the grounds of alleged misconduct. After hearing the evidence His Honour granted a decree nisi to be moved to be made absolute in three months, with costs against the respondent on the lowest scale.

AT AUCKLAND. (Per United Press Association.) , r . AUCKLAND, February 10. r \ j T Stlce 3r i ;i Bis charge to the Grand Jury at the Supreme Court referred ,o the comparatively peaceful conditions that prevailed .in Auckland during the industrial upheaval, aud to the wisdom of the Magistrates in closing the city and suburban hotels. The cases before the I onrt included only on? arising out of that regrettable period. He believed this was largely due to the action of the magistrates as well as to the restraint exorcised by the leaders on both sides invoked in the struggle. The fact that nquor was kept out of the trouble was a powerful factor in keeping quietness and preventing breaches of the law. Judge Cooper remarked that the number of eases be loro the w r as 29, and, oo nvh‘ riug the extent of the Northern Judicial district, the rapid increase of population, and the growth of the city, Auckland compared favourably with other centres in New Zealand in respect to serious crime.

AT WELLINGTON. ALLEGED MURDER. WELLINGTON, February 16, At the Supreme Court, the hearing was commenced of the murder charge against Ellen Margaret Sevmour, in respect of her illegitimate child Thelma May Daivs, whose body was found under a house at Rona Bay. The case is unfinished.