SUPREME COURT.

Globe, Volume XXII, Issue 1849, 26 January 1880, Page 3

SUPREME COURT.

SITTINGS IN CHAMBERS Saturday, January 24. [Before Hia Honor Mr Justice Johnston.J His Honor sat iu the Court Chambers at 11 a.m. will op w. reed, deceased. Dr. Poster applied for probate herein to executrix and executor named in tho will. His Honor made the order. WILL OF FRANCIS SNEDDBN, DECEASED. Mr Douglas applied herein for probate to William Miller and Francis Ridges as executors of tho said will. His Honor made the order as prayed. RB SAMUEL WILSON. On tho application' of Mr Joynt, his Honor granted administration to the widow of deceased. EB WM. TOD, DECEASED. On the application of Mr Cotterill, his Honor granted administration herein to the widow. RE WILL OF JOHN GUTHRIE, DECEASED. Mr Cotterill applied for probate of tho will of tho deceased made in Scotland. His Honor pointed out that the will, though made in accordance with the law of Scotland, was not a good will as in New Zealand, Mr Cotterill submitted that the personalty being in New Zealand and the executors being within the jurisdiction of the Court, he need only show that the will was a good one where the testator was domiciled. His Honor pointed out that it was necessary for Mr Cotterill to show some document to prove that the will had been proved before some competent tribunal in Scotland. Even then he did not see how he could grant probate of the will. After some further argument, Mr Cotterill mentioned a case in which tho Court had granted administration to the next of kin until the arrival of further evidence. His Honor granted administration to tho executors as named in the will. WILL OF WM. MILLER, DECEASED, Mr Nsck applied for probate herein to Janet Miller, widow of the deceased, and sole executrix. Order made as prayed. CREDITORS’ TRUSTEE OF ANDERSON T ANDERSON AND OTHERS. Mr Cottsrill applied for an order appointing Henry Ford as guardian ad litem of the infant defendants herein. His Honor made the order. NATIONAL BANK OP NEW ZEALAND V MSB AND OTHERS. Mr Harper applied for an order for leave to issue interrogatories. Mr Cotterill appeared on behalf of the plaintiff to oppose tho application, on the ground that the proposed interrogatories were unduly prolix and embarrassing. After argument his Honor made the order for issue of interrogatories, to be answered in six weeks. HE W. THOMAS. Mr Bamford applied herein for discharge.of debtor. His Honor made the order. RE W. H. KEITH. On tho application of Mr Bamford tho order of discharge was made herein. HE G. W. BLL. A similar order was made in this case on the motion of Mr Slater. RE THOMAS MILLER, On the application of Mr Izard his Honor made tho usual order of discharge. HE MURDOCH BOSS. Mr Neck applied heroin for an order directing tho trustee to amend his report. His Honor enquired if Mr Neck had served the trustee with notice to appear. Mr Neck replied in the negative. His Honor said that he could Hot ’make an order on a trustee like this behind his back. After argument his Honor declined to make any order. BE DANIEL SPELLING. Mr Izard applied for probate herein to L. M. Ginaty as sole executor. Tho case stood over for amending of the affidavit as to amount of property. RE HUGH MCHUGH. Mr Slater applied herein for probate to Catherine McHugh, as widow and sole executrix. His Honor made the order as prayed. NATIONAL BANE OF NEW ZEALAND T. MCINTOSH. This case was postponed by consent. BE HENRY CHARLES YOUNG.

Mr Oowlishaw applied for an order calling on George Qatonby Stead to show cause why he should not go on with the proceedings in bankruptcy against Henry Charles Young, or to permit John Ward Shaokleton to take out an order of adjudication The case was that George G. Stead obtained an order of adjudi cation of bankruptcy against Henry Charles Young, but the bankrupt paid his claim, and then Mr Stead discontinued his proceedings. Mr Shaokleton had obtained judgment against Young, and now sought either to compel Mr Stead to go on, or allow him to go on, with the proceedings. Mr Joynt applied, on behalf of Mr Young, that the order should be a conditional one only. His Honor made an order calling upon Mr Stead to show cause why he should not proceed with the bankruptcy proceedings or why John Ward Shaokleton should not be allowed to do so. BE CONVEYANCING ORDINANCE AND RE COLL TO QUIN.

Mr Stringer applied for an order directing the Registrar to proceed to sale of tho property mentioned in a dead of mortgage. Tho Registrar had been requested to carry out the sale under the Act, but declined to do so, as he alleged that the matter was in dispute between the parties and he declined to incur any responsibility. The application to the Court now was that the Registrar should be ordered to sell.

Mr Stringer pointed out that all the Registrar had received was a notice from the other aide. If this was allowed to stand in the way of carrying out the provisions of the Act, then the Act would be rendered nugatory. His Honor pointed out that the question between the parties was one of considerable importance, and it could hardly be that the Court could peremptorily order the officer to do this whilst the question was in dispute. After argument, in the course of which Mr Stringer pointed out that there was a crop on part of the mortgaged land the removal of which would materially affect the security. His Honor made an order directing the issue of a summons calling upon the mortgagor to show cause why the Registrar should not be directed to proceed with the rule. KB P. W. FOLBT. Mr Douglas applied herein for the costs of the solicitors to the trustee. His Honor pointed out that the order could not he made. The only order that could he made was for debtor’s costs up to the appointment of trustee. Ho order made. BB JAMES OSTLEB. On the application of Mr Douglas, His Honor made an order for the costs of the debtor up to the appointment of trustee. EE WILL OF WILLIAM JACKSON. Mr Deacon applied for letters of administration to the widow with will annexed. Mr Deaaon read a number of affidavits as to the death of William Jackson on board the steamship Chimborazo on the passage from Melbourne to London. His Honor made the order as prayed. LBABB3 AND SALES ACT, AND KB PETITION OF WM, FSFB. Mr George Harper applied herein for an appointment of Rev. Mr Gillies as guardian of the infants, and also for power to trustees to sell the land mentioned in the petition. His Honor granted the application. BB W. K. BBOWNB. Mr Slater applied on behalf of Mr H. B. Lane, a creditor of the said W. K. Browne, for a summons calling upon him to show cause why he should not be adjudicated a bankrupt. Mr Thompson mentioned that Mr Browne had that day filed his declaration. His Honor said that under these circumstances there would bo no order. LAND TBANBFBB ACT, AND BB STEODTS TO GRANT. Mr Slater applied herein for an order declaring Fredk. Strouts entitled to possession of certain land. His Honor made the order. BB WM. WEBB, DECEASED. Mr Joynt applied herein for probate to Rev. D. O. Hampton, reserving leave to the other executor, Thomas Webb, who was under age, to come in and prove. BE J. W. MALLOGE, DECEASED. Mr George Harper applied herein for probate to Leonard Harper as one of the executors named, reserving leave to the other to come in. His Honor made the order. BE ISAAC WILFON. On the application of Mr Bruges leave was * g»nted to register copy of will herein.

KB WILL OP HHNHY GREEN WATKINS, DECEASED. On the application of Mr Bruges a similar order was made herein. BE HENRY MARKS. Mr Douglas applied on behalf of Mr T. B. Oraig, the trustee in the insolvent estate of Henry Marks, for an order that thirteen cases of confectionery in the order and disposition of the bankrupt prior to his filing be sold. His Honor made the order. EE EDMUND BOURGEOIS. On the application of Mr Stringer the usual order of discharge was made herein. EB ELLEN MCCONAOHBY. On the application of Mr Stringer his Honor granted administration herein to Rose McOonaghoy, mother of deceased. BE THOMAS JOYCE. Mr Oowlishaw applied for an order calling upon William Scott and O. H. Parker to show cause why they should not pay over to Charles Beryan Tavlor, as trustee in the estate of Thomas Joyce, certain sums of money in the hands of C. H. Parker. His Honor made the order as prayed. GOODS or ANDREW BOYCE, DECEASED. Mr Thompson obtained leave to postpone this matter till next sitting. bhaceen y dowelb Mr Fereday mentioned this case, which had been sot down for trial by special jury at last session. He now asked that the case might be postponed until the sitting in April, owing to the death of Mrs Dowell. His Honor said, as no steps had been taken in the matter, it might as well remain as it was. RHODES T WAD3WOETH. Mr Bruges applied for an order under the Foreign Debtors Attachment Act directed to one Patrick Brosnahan, [instead of the defendant Wadsworth. Hia Honor made the order. MCLEAN T OSTLER. In this case, Mr Harper applied that the Sheriff should be directed to withdraw from possession, on security being given, as the parties had agreed to state a special case. His Honor said that the order might bo made when the parties agreed upon the case.