SUPREME COURT.

Globe, Volume IX, Issue 1288, 6 May 1878, Page 3

SUPREME COURT.

SITTINGS IN CHAMBERS. Sat ÜBnat, Mat 4. [Before His Honor Mr Justice Johnston.] His Honor sat in the Court Chambers at 11 a.m. JUDGMENTS. His Honor said that he should be prepared to give j udgment in the two cases reserved for judgment, Knapman v the District Land Registrar, Cramond v Ford and others, and Fuller v Queen, on Tuesday next, and he would also take what banco business was ready. On Thursday he would hold another banco sitting. LE COMTE V STEWART. In this case Mr Joynt appeared on behalf of the defendant, asking that a commission

should be issued to Groymouth to examine two witnesses horeirt, Mr Harper for the other side concurred. His Honor made the order as prayed, appointing Mr Charles Broad as the commissioner to take the evidence of the two witnesses referred to. BANKRUPTS’ DISCHARGES. His Honor made orders of discharge in the following cases, viz.: —Alexander Anderson (Mr Bamford), Thos. Brough (do), W. W. Harrison (do), James Youngman (do), George Rickard (do), James Simmonds (Mr Izard), C. L. Cutler (Mr Thomas). In the case of George Alexander, which was an application for discharge, Mr Bamford said that the trustee had died and the creditors hud not appointed any one to succeed him. His Honor said he could not eco how he could make an order of discharge, as there was nothing before the Court to show that the bankrupt had complied with the Act. There was no report of the trustee or resolution of the creditors that the bankrupt had complied with the requirements of the Act. Mr Bamford said that it might be that the bankrupt would be kept for three years without getting his discharge, as the creditors certainly would take no steps and the bankrupt, as His Honor could see, could not. Hia Honor said he did not see his way out of the difficulty, but perhaps if Mr Bamford would have the bankrupt in attendance he might bo examined as to what had been done by him to comply with the intention of the Legislature. It was, as Mr Bamford would see, necessary that the Court should be satisfied as to this. Ultimately it was arranged that bankrupt should attend at next Chamber sitting. In the case of C. L. Cutler, Mr Thomas said that this was an application under section 1-44 of the Act, as the creditors had refused to give the bankrupt his discharge. His Honor—Then there must be very substantial grounds, Mr Thomas, for your application. Mr Thomas said there was no anticipation of opposition on the part of the creditors. His Honor —But they have refused the discharge of the bankrupt, Mr Thomas, which is about the most emphatic opposition which they could make. Mr Thomas said he would put in the affidavit of Herbert Edward Alport, the trustee, in which he stated that the bankrupt had complied with all the requirements of the Act, and that ho verily believed he had given up all the property he was called upon to do, and that he (the trustee) was of opinion that ho was entitled to his immediate discharge. There was also an affidavit of his clerk, who stated that he asked the creditors to assign some reason for their refusal to recommend the discharge of the debtor, and to endorse the same in the minute book, but they declined to do so. His Honor asked how many creditors were present at the meeting. Mr Thomas said four out of twenty. His Honor said that Mr Alport’s affidavit was sufficient, and the debtor’s discharge would bo granted. WILL OF JOHN CARTER, DECEASED. Mr Joynt applied for probate herein to Louisa Carter, as sole executrix of the said will. His Honor made the order. 'WILL OF DANIEL INWOOD, DECEASED. Mr Izard applied for an order for leave to issue probate herein to A. R. and F. R. Inwood, reserving leave to the other executors named to apply. PUBLIC TRUST ACT AND RE T, E. BEEVES. Mr G-. Harper applied for a summons to issue to John Marshman, Chief Commissioner of Waste Lands, ca' ling on him to produce copy of Crown grant to a certain rural section in reference to the case. Mr G-arrick appeared on behalf of the Public Trustee. His Honor made an order, issuing summons as prayed, returnable on Thursday next. BUNSTEAD V. WADSWORTH. In this case, which was for settlement of issues and fixing date and place of trial, Mr Garrick appeared for the plaintiff ; Mr George Harper for the defendant. The issues were settled, and the trial fixed by a common jury at Timaru next sittings of the Supremo Court there. HERBERT V. WADSWORTH, This was a similar case to the preceding one. His Honor made a like order as to date and place of trial. HUNT v PRICE, Mr Garrick, for plaintiff, appeared to request settlement of issues and fixing time and ?lace of trial. Mr George Harper for deendant. After some discussion the issues were settled, and time and place of trial fixed for next sittings of Supreme Court at Timaru, and by a special jury. LUNATIC ACT AND RE W. A. GRAY. Mr Garrick applied for an order for the discharge of the committee and the appointment of a new one. Mr Izard appeared for Mr Wynn Williams. After some discussion the matter stood over for further affidavits until the 9th May, WILL OF JOSEPH ¥5(. UROCKFP. Mr Garrick applied tor an order granting leave to issue probate to Mary Ann Klenk as sole executrix. His Honor made the order as prayed. EE WILLIAM DOWELL, DECEASED. Mr Izard applied for letters of administration to Sarah Ann Bennot, as daughter of the deceased. His Honor made the order. EE F. W. THIEL, DECEASED. Mr Joynt applied herein for probate to John Baylee and Andrew Ross Kirk, as the executors named in the will. His Honor made the order as prayed. DEVERT V DEVEEY AND ANOTHER, Mr George Harper applied under the Divorce and Matrimonial Causes Act for instructions as to the mode of trial, and also for leave to amend the petition. No answer had been filed by the respondei t or co respondent, so that it was practically an undefended case. His Honor made the order for leave to amend paragraph 7 of the petition. His Honor fixed the hearing of the case at Wellington before the full Court on the 20th of May. JEFFREY V JEFFREY AND ANOTHER. This was a similar application under the Divorce and Matrimonial Causes Act. Mr Slater appeared for the petitioner, and asked for an order fixing time and place of trial. Mr Joynt appeared to watch the case on behalf of the co-respondent. His Honor fixed the trial before himself, without a jury, at the July sessions of the Supreme Court. TURNER V. TURNER AND ANOTHER. Mr Fereday applied for directions as to mode of trial of facts under the Divorce and Matrimonial Act. Mr Joynt appeared for the respondent. Mr George Harper for ths co-respondent. His Honor fixed the trial of facts to be by common jury at the July sittings of the Supreme Court. pomo v. a O3S. In this case, which was au application to settle issues, it was decided to adjourn it until XHursday next. The Court then rose.