SUPREME COURT.

Globe, Volume XX, Issue 1591, 26 March 1879, Page 4

SUPREME COURT.

Tuesday, March K. SITTINGS IN CHAMBBES. [Before His Honor Mr Justice Johnston.] His Honor sat in Chambers at 11 a.m. PABKEB V BUXTON. In this case, Mr Joynt for the plaintiff, applied for an order settling isauea and fixing time and place of trial. Mr Harper, for the defendant, consented to the isßnes as proposed. His Honor made the order settling the issues. The trial to be by special jury at Christchurch on the 17th April. BE W. B. CLABKSON. On the application of Mr Joynt, His Honor made an order of discharge herein. RE THOMAS AND E. CLAEKSON. Mr Wynn Williams applied for an order of discharge herein. His Honor said that the affidavit did not contain a statement that John Leaf Wilson, who signed the certificate, was the chairman of the meeting of creditors Mr Williams submitted that there had not been a meeting of creditors, and they therefore applied under the 144th section of the Act. After some further argument, His Honor granted the application. Mr Wynn Williams then, as a matter of practice, brought before his Honor the question of the necessity of making a second application for 'Costs out of the estates. His Honor said that he did not think it was necessary that a separate order need be applied for. It might be embodied in the order of discharge. Mr Williams obtained an order as to costs in this case. BE JAMES PABB. Mr Wynn Williams applied herein for the discharge of the debtor. Bis Honor made the order, and also made a similar order as to costs as in the former case. BE DEED OF THOMAB CUSDIN. Mr Wynn Williams applied herein for an order declaring complete execution of deed. His Honor made the order as prayed. DISCHABOES. His Honor granted order of discharge in the case of Charles Gutlebert. Costs granted in the case. PAYMENT OF COSTS. Applications for orders for payment of costs out of the estate were set down in the cases of W. J. Carpenter, Joseph Gardiner, and George Clark, but Mr Izard not appearing, the cases were struck out of the Hot. GOVERNMENT INSURANCE ACT AND BE JOHN LISTEE, DECEASED. Mr George Harper applied for an order appointing Alex. Mills a trustee for the purpose of receiving the sum of .£IOO under a policy of insurance herein. This was a case in which the deceased had bequeathed the whole of his property, including an insurance poiicy for £IOO S7C7 his life, to his wife, for her benefit and that of the children of the said d A certificate of consent on the part of Alexander Mills to act as said trustee had been filed, and al*o eonsect on the part of the infants to Mr Mill's appointment. Order made as prayed. BUCK V CHRISTCHURCH " SUN" NEWSPAPEB COMPANY. Mr Joynt applied herein on behalf of the defendants for dismissal of the action, on the ground of non-prosecution. No steps had been taken by the plaintiff since 25th Ootober, 1878, on which date the defendants had pleaded to the action. Mr Stanley Edwards, for the plaintiff, applied for an adjournment, on the ground that he had not been his cheat.

His Honor Mr Justice Johnston said that the order wo-dd be action dismissed, unless the next Btep be taken on or before 28th March inst. GOODS OF FRANCIS VfINTBK, DECEASED, INTESTATE. Mr Slater applied for an order granting letters of administration to C. J. Mountfort as attorney for W. Winter, eldest brother of deceased. The matter stood over for filing additional affidavits BE DEED OF BENJAMIN BEHRENS. Mr Slater applied herein for an order declaring complete execution of the deed of arrangement in the estate. His Honor granted the application. RE JAMES HIRST. Mr Wynn Williams applied for an order of discharge. Mr Garrick, on behalf of the trustee, appeared to request an adjournment of the case, as tho trustee since he had given the certificate had heard something which rendered it necessary that the baukrupt should be examined by the trustee. Mr Wynn Williams submitted that under the Act no creditor could opp< se t'.e discharge of a debtor unless lie had proved his claim. His Honor admitted this, but this was a different matter when tbe trustea of the estate came forward and a'ked for an adjournment. MrGavrick's application shoidd, however, be supported by an affidavit. Mr Garrick said that he required the time to enable the affidavit to be filed in this matter, j LEASES AND SALES ACT AND RE PETITION | OF H. CAIN AND ANOTHER. Mr Wynn Williams applied for the trustees herein for an order for payment out of Court of the sum of ,£450. There was standing to the credit of the case the sum of .£tf2l Is 9d. The trustees having a good investment desired to take a portion of the money out of Court for the purpose of investment. His Honor Mr Justice Johnston thought that the Court should have the report of the registrar on the security proposed to be taken. After some argument, His Honor made an order granting the prayer of petition, trustees to lay security before the registrar for his approval. WILL OF WILLIAM RADCLIFFE, DECBASED. On the application of Mr Wynn Williams probate herein was granted as prayed. LEASES AND SALES ACT AND RK D. GRIFFITHS. In this case Mr Thompson applied for leave to the trustees to sell the hereditaments herein. His Honor Judge Williams said that since last chamber sitting he had looked into this matter, and found that it did not come under the Act. The trusteed under the will had all legal rights, and the infant the equitable. Hence the Court, the matter not coming under the Act, had no power to make the order. No order made. WRIGHT V WILSON. In this case Mr Joynt applied for leave to reply. A demurrer had been overruled, and Mr Joynt now came under the 222nd rale for leave to reply. Mr Garrick appeared on the other side. Order made, plaintiff to have the right of reply on payment of costs of the demurrer. No order on Mr Garrick's motion to withdraw plea. Costs of present motion to be defendant's costs of Court. ROSS V ROSS. Mr George Harper applied under rule 44 of the Matrimonial and Divorce Causes Act. This was an application for fixing date and mode of trial. The case was one for judicial separation on tho grounds of cruelty and desertion. His Honor said that the order would be that tho hearing of the case might be taken before himself on the 16th April.