SUPREME COURT.

Globe, Volume IX, Issue 1290, 8 May 1878, Page 3

SUPREME COURT.

SITTINGS IN BANCO AND IN CHAMBERS. Tuesday, 7th May. r ßefore his Honor Mr Jus‘ice Johnston.] His Honor sat in banco and in Chambers at 11 a.m. IN BANCO. LAND TRANSFER ACT AND RE APPLICATION OF EDWARD KNAPMAN. In this case a rule nisi had been issued to the District Land Registrar, requiring him to show cause why he should not issue to Edward K- apman a certificate of title of town section 595. Dr. Foster appeared at last banco sittings before Mr Justice Williams to show cause to the rale, and on behalf of the District Land Registrar. Mr Joynt, in support of the rule and for the application. . . The case was that the applicant, being seized in fee simple of town section 595, raade_ a marriage settlement upon his wife of it, vesting it in certain trustees. Mrs Knapman died in August last there being no issue, and the applicant now claimed to be registered as owner of the fee simple of the section as aforesaid, there being no issue, and the section therefore, under the marriage settlement reverting to the applicant. The settlement provided that after t* e death of Mrs Knapman the section should revert to the applicant, his heirs, and assigns. The applicant, therefore, claimed to be registered as the owner of the fee simple under the Land Transfer Act. The District Land Registrar, however, declined to do this on the cronnd that the use of the words “and assigns” only gave the applicant a life estate in the property, with a remainder in fee to the heirs, and not a fee simple as claimed. Hence the applicant obtained a rule nisi, which was served on the Land Registrar, calling upon him to show cause why he should not issue a certificate of title in fee simple to the applicant as requested. The rule came on for argument on April IGth, and his Honor reserved judgment. His Honor now delivered the judgment of Mr Justice Williams, before whom the case was argued during the absence of his Honor Mr Justice Johnston at Dunedin, the summons on the ground that the words “ and assigns” must be taken as meaningless adjuncts to the words “ heirs,” and that therefore there was no power of appointment. Ordei—Summons dismissed; statute providing for costs CROWN REDRESS ACT AND RE FULLER, PETITIONER, V. EEUINA, RESPONDENT, This was an argument on demurrer, heard before his Honor Mr Justice Johnston, who now delivered judgment. The petitioner was a contractor under the Government for the construction of a certain line of railway, and in pursuance of the provisions of the contract made certain deviations and alterations in the line under instructions from the engineer, and under certificates signed by him. The alterations and deviations became so mixed up with the original work that it was impossible for him to complete the work within the contract time, and the Government then enforced the penalty clause of per day. The petitioner pleaded as against this that the deviations authorised by the engineer had made _it impossible to complete the work within the contract time. To the declaration of the petitioner it was demurred that the certificate of waiver of the right to enforce penalty by extension of time had not been given by the Minister of Public Works by express consent in writing as provided by the contract. His Honor gave judgment allowing the demurrer on the ground that the petition contained no averment that the engineer had not from time to time granted extension of time to the petitioner in respect of the alterations and deviations made by at the repeat of the engineer.

Mr George Harper for the petitioner, asked for leave to amend. His Honor granted leave as prayedOrder: Demurrer allowed. Leave given to petitioner to amend petition. JOHNSTON V. OXFORD ROAD BOARD. This was an action in which the plaintiff' sued the defendants for having by making of a drain damaged the plaintiff’s land. The defendant now demurred to the declaration of the plaintiff. Mr Joynt in eu port of the demurrer and for the defendant, and Mr George Harper contra and for the plaintiff were hoard at the banco sittings on April Kith before bis Honor Mr Justice Williams. His Honor now delivered the judgment of Mr Justice Williams, overruling the demurrer with costs. NEWTON AND ANOTHER V. CRAMOND. This was an argument on demurrer by the defendant to the plaintiff’s declaration. In this case Messrs Ford and Newton were plaintiffs, aud John Cramond defendant. The pi lintiffs claimed to be occupiers of a certain section of the waste lands of the Crown at Tiraaru under a license issued to one William Smolt Robison of Christchurch by the Commissioners of the Waste Lands Board. This section was transferred to the plaintiff's by the said William Smolt Robison, through the Bank of New South Wales. The declaration of the plaintiffs wont oi to allege that the defendant was in unlawful occupation of a portion of the said section. Dr. Foster, in support of the demurrer and for the defendants. Mr George Harper contra, and for the plaint if. The argument on demurrer was heard before His Honor Mr Justice Williams at the last banco sittings, and judgment was reserved. His Honor Mr Justice Johnston now delivered the judgment of Mr Justice Williams, overruling the demurrer with costs. Dr. Foster applied for leave to plead. His Honor granted the application. Order—Demurrer overruled with costs. Leave given to plead. IN CHAMBERS. ORDERS FOR COSTS. Orders for costs were made in the following cases :—Thomas Candi-h, Michael O’Connell, Amos James Tudball, N- P. Meyers (Mr Joynt), James Lyons, Wm. D’Authreau, Thomas Weir (Mr H. N. Nalder). In the ease of James Lyons, Mr Nalder, on heh If of the trustee, applied for an order to tax the costs in the case. Hu Honor granted He order for taxation of the costs as prayed by the trustee in the matter. RE JOHN WM. BEAN. The bankrupt in person applied for an order of discharge. His Honor made the order as prayed. GOODS OF SUSANNAH TOOMEY, DECEASED. Mr Joynt applied for an order issuing letters of administration to W. J. Toomey, as eldest son of deceased. His Honor granted the application, RE SUSANNAH HAINES. DECEASED, Mr Izard for Mr Wynn Will aros applied for an order to issue probate to Edwin Haines as executor of the will of the said deceased. His Honor made the order as prayed. RE GEORGE ALEXANDER. Mr Bamford applied for the discharge of the debtor. The case was before his Honor in chambers on Saturday last and the position of it was that the trustee who had been appointed in it had died, and there was consequently no report upon which his Honor could found an order of discharge. His Honor made an order for the appearance of the bankrupt to answer questions. The debtor was now in attendance, and answered certain questions put by his Honor. His Honor then granted the order of discharge. This concluded the business.