SUPREME COURT.

Dominion, Volume 1, Issue 45, 16 November 1907, Page 2

SUPREME COURT.

IN. CHAMBERS. Sitting in Chambers yesterday, His Honour, Mr. Justice Button, heard an application for an order for substituted service in a case for restitution of conjugal rights. Mr. P. Jackson explained that H. G. Livermoro and A. T. Livermore, two Wellington working men, whom he represented, had lost their wives—in fact, the wives had run away together, both on the same day. It wrs nllogcd in the petition and affidavit that the wii'i's hnd no intention of return Ins; io their In .'-I'r.iii:;-. Tlv; order was granted, His Honour io marking that the applicants wore only just in time, as in all probability the Bill Io arnond the Divorce Act now before Parliament would do away with the right (o cbtain a divorce on disobedience to an orbr lor cohabitation.

Probates ivero granted of tho wills of the late Christina Batlingall and the late A. J. Ordish. Mr. A. D. Thomson, S.M., was appointed President of (.he Court to deal with compensation claims filed by Nodine and Mitchell separately against tho Hbrowhenua County Council , . An order was made for a special iury of four in the case of Smith v. tho City Council.

IN BANCO. QUESTIONS UNDER A WILL. Mr. Justice Cooper gave judgment yesterday .in respect of a number of questions arising under the will of Eliza-Herbert Gaisford, late of Oringi, near Dannovirke. The deceased lady, who diod on November 5, 1906, had a power of appointment under the will of John Purvis Russell, deceased, over the major portion of his estate, tho value of such portion being £80,000. Sho also possessed personal property of the value of between £8000 and £9000. - His Honour, held that the handing over of a sum of £5000 by the testatrix durinp her lifetime and before the date on which* sho made her last will to G. O. Bayley (the osocutor and trustee under the will), with instructions to purchase therewith a property for her son,: Henry R. Gaisford, did not amount to an absolute gift to the ,said H. It. Gaisford. In tho opinion of' the Court, Bayley was holding tho money upon trust to purchase the property for her son, and to permit him to receive tho rents and profits thereof during his life. Although tho Court could find no authority for or against the proposition, still it thought it had jurisdiction to protect the fund, and to order a settlement. He would not at present makesueh an order,'but would reserve the question as to tho terms of the settlement for further argument and consideration. With • reference to the next' branch of the question, His Honour held that the proporty in-, the £5000 passed to Bayley as trustee for the purposes beforo stated, and the sum of £5000 was not a part of the estate of tho testatrix. The Court also, considered that- no precatory trust was created in favour of Miss Muriel H. M. Gaisford; that Bayley, as executor, ought not to pay to Henry Gaisford (husband of deceased), who is the guardian of the infants; John Basil Gaisford ami Edward Claude Gaisford, the whole or any proportion of the amount of the respective legacies bequeathed to the said infants; and that the power of appointment which Mrs. Gaisford had under Purvis Russell's will had been properly executed. Mr. Gray appeared for George Orme Bayloy, of Otamauri, near Hastings (the executor and trustee of the will): Mr. Myers for Henry Russell Gaisford, of Oringi, sheep farmer; Mr. Sharp for Muriel Mary Helen Gaisford and- Willia,m : . Herbert.,Gaisford, of Oringi, ,■ shepp farmer; and; Mr! Trip'p for John. Basil Gaisford and Edward Claude Gaisford .(infants).''and 'Henry:'.'.G'.N Gaisford (husband of tho .deceased).". ""

• TE ARO FORESHORE CASES'.' A number of, cases brought by the Crown for possession of strips of land included in the To Aro reclamation and for mesne profits wero then dealt with. •••-. ■'■''■. " •■■ Judgmeut for possession was entered against * the l Union Steamship Company, which, it was agreed, should pay £1000-as mesne profits; against J. Emer.Vj who was required to pay £100 ns mesne profits with ten guineas costs; against' Lamberg and Walker, tho mesne profits being fixed at £3y 45., and the costs at eight guineas. In the caso against S. Luke and Company, engineers, judgment was entered for. possession and, after evidence had been taken as to mesno profits, tho matter was adjourned until Saturday next. The caso'- against Beid and Archibald was ordered to stand over until Saturday nest. . Mr. Myers appeared for the Crown; Mr. Levi for the Union Steamship Company, Mr. Blair for J. ' Emery, Mr. Gray for Lamberg and Wajkor, and Mr. T. Young for S. Luke and Conipany. ' ■'

CRIMINAL SITTINGS : A HEAVY' ' ' .. . CALENDAR. , The following charges will be dealt with at tho sittings commencing on Monday morning at 10.30 before Mr. Justice Coopor: Frederick Nicolaus, forgery and false pretences. Robert Humphries,' indecent assault. William Thomas Raymond, criminal knowledge, of a girl under sixteen years. Eric Stone Ollerenshaw, supplying of noxious drug. . , Ernest Siggleko, theft from dwelling. James Egan, use of indecent language. William J. Webster and George Dunlop. breaking and entering, and breaking and entering and theft. William James Webster, breaking and entering and thoft. . , Arthur Beeson, defamatory libel. . William Burford and Annie Whitaker, unlawful uso "of instrument with intent to procure miscarriage. William George Tustin, breach of tho Bankruptcy Act. • Patrick Brady, wilful damage. Edward Murtagh, wounding with intent to do grievous bodily harm.' James M'Ellisqu, attempted murder. Thomas Haynes, theft from a dwelling, William J. Lowe and J. C. Robison, assault and robbery. George Cowan, theft from the person. Frank Carroll and Franois. , G. Lyons, arson and attempted arson. Denis Desmond O'Brien, theft from the person. Waka Waka Nopore, rape. Emily Hyland, forgery and uttering.