SUPREME COURT.

Globe, Volume IV, Issue 309, 9 June 1875, Page 2

SUPREME COURT.

SITTINGS IN CHAMBERS.

Tuesday, June 8. [Before his Honor Mr Justice "Williams.J His Honor sat in the Court Chambers at 11 a.m. RE NORMAN PILE. Mr O'Neill applied for an order of adjudication, and fixing of first meeting of creditors. His Honor made the order, fixing Thursday, 17th June, at 12, for first meeting of creditors. GOODS OF MARY HUGHES, DECEASED, INTESTATE. Mr Slater applied for an order granting letters of administration to Mary Ann Johnson, as niece and nearest of kin. The matter stood over for an affidavit to be made of election of administratrix by infant. WILL OF JOHN CAMPBELL AIKMAN, DECEASED. Mr Bamford, for Mr J. S Williams, applied for an order granting probate to Marjory Ann Aikman, as widow and sole .executrix of the deceased. His Honor made the order. RE WILL OF CHARLES BROWN TURNER, DECEASED. Mr Cowlishaw applied for an order appointing Benjamin Hale, of Chrietchurch, sailmaker, as trustee in room of J. W. S. Coward. After some argument the matter stood over till Friday.) RE GOODS OF JOHN HOBBS, DECEASED. Mr Cowlishaw applied for an order for leave to issue letters of administration to Henry Hobbs, of Christchurch, shopman, as brother of deceased. His Honor made the order as prayed. RE LAND TRANSFER ACT AND RE JAMES FRANCIS ROBERTS. Mr Garrick applied for a rule nisi calling upon James Francis Roberts, surveyor, of Akaroa, to show cause why a caveat entered by him against certain land at Akaroa proposed to be brought under the Land Transfpr Act by George William Nalder of Christchurch should not be set aside. In support of the application the learned counsel brought forward affidavits by Messrs G. W. Nalder, J. J. Raymond, H. H. De Bourbel, and others. His Honor granted a rule nisi, returnable within fourteen days from date. IN RE CASSIN. His Honor said that in the case of Cassin v Bailey, the Court of Appeal had decided upon the point of law reserved by him (the judge). The Court had decreed that during the age of nurture the mother of an illegitimate child was entitled to its custody, and any agreement entered into contrary to this was revocable. The child would therefore have to be handed over to the custody of the mother. There would, however, be nothing said a? to the costs of the habeas corpus. RHODES V RHODES. Mr Garrick mentioned this case with a view of obtaining some order from the Court as to the payment out of the purchase money paid into Court. Some time back, an order was made, asking the Registrar to bring up an ad interim report, so as the money might be paid out. It was found, however, that there were practical difficulties in the way of this being carried out, and as there were large payments to be made in the suit, it was necessary that authority should be given to take the money out of Court. Mr Wynn Williams contended that, in the petition of his learned friend, he had gone beyond what he was entitled to. He asked for both Messrs W. B. and R. H. Rhodes to have their share, but he (Mr Wynn Williams) while quite ready on the part of his clients to consent to Mr W. B. Rhodes having his share, they objected to the other gentleman having his out, because there was a distinct allegation of breach of trust in the bill filed, and therefore it might be found that a large sum was due to his clients. Under these circumstances the Court would see that his clients would be averse to Mr R. H. Rhodes getting his share. He contended that this could not be done unless his clients consented. He woulo further point out that Mr R. H. Rhodes had left the colony, and as of course a special power of attorney would be required, this would practically prevent the money being taken out at present. After argument, the matter stood over for further consideration.