LAW REPORTS

Dominion, Volume 8, Issue 2515, 16 July 1915, Page 9

LAW REPORTS

COURT OF APPEAL IIESERYEO JUDGMENTS FAMILY PROTECTION ACT 1908

Several reserved judgments were delivered in the Court of Appeal yesterday morning, when His Honour the Chief Justico (Sir Robert Stout) ■ presided. Associated with His Honour were Their Honours Mr. Justice Denniston, Mr. Justice Sim, Mr. Justice Hosking, and Mr. Justice Stringer. The first judgment was m the case of de lieim v. de Renzi, an appeal from the decision of His Honour Jlr. Justico Denniston, in the matter of the Family Protection Act, 1908, and the matter of the will of Arthur Castriot de Renzi, deceased medical practitioner, late of Christchurch. In' the original action in the Supreme Court at Christchurch the plaintiffs were Dora Harman de lienzi and Frances Emily de Renzi, spinsters, both of London, wliilo the defend.ant was Jane de Renzi, widow, of Christchurch, the executrix and trustee of the will of the deceased. Plaintiffs had been awarded a lump sum of ,£6OO each from the t'state of the deceased (their father) and the defendant (deceased's widow) had appealed. Jlr. C. P. Skerrett, K.C., with him Mr. A. Bishop, of Christchurch, appeared for the appellant, while Mr. S. Or. Raymond, K.C., of Christchurch, with him Mr. H. F. von Haast, appeared for tho respondents.

The Court of Appeal varied His Honour's order and directed that two sums of .£6OO should he invested with the Public Trustee. The incomes therefrom are to bo paid to the widow until her son should attain the age of 21 years, after which the two daughters (the plaintiffs in the original action) should- receive the incomes. No order was made as to costs.

. CONVICTION QUASHED. In the criminal case—H.M. the King v. GlfFord Bowern—in which the prisoner had been convicted of counselling a woman to submit to treatment for the purSose of procuring hor_ miscarriage, the ourt quashed the conviction as no criminal act was proved to havo resulted from the prisoner's having counselled the woman. The Solicitor-General (Mr. J." W. Sal-, mond, K.C.) appeared for the Crown, while Mr. H. P. von Haast appeared for the prisoner. SOLICITOR STRUCK OFF. On the application of tho New Zealand Law Socicty, the Court removed from the roll.-of solicitors the name of William Grey Hall Baillie, formerly of Blenheim, but now of Wellington. The grounds of the application were both professional and private misconduct, and both were held to be proved. Mr. A. Gray, K.C., with him Mr. D. R. Hogga-rd, appeared for the Law Society, while Mr. 11. L. Machcll appeared i'or Baillie. A BANKRUPT QUESTION.' The Court afterwards sat to hear the appeal against the decision of His Honour Mr. Justice Chapman, who recently decided that John Connell anil William Kingston Connell, hotelkeepers, of Wellington, should be adjudicated bankrupts on tho application of the Phoenix Aerated Water Company, Ltd. The Bench was occupied by Their Honours Mrs. Justice Denniston, Mr. Justice Sim, and Mr. Justice Stringer. Mr. E. G. Jellicoe appeared for the appellants, and Mr., T. Young for the respondent oompany.

Legal argument had not concluded at 5 p.m. yesterday, and the hearing will be resumed this morning.