SUPREME COURT.

Globe, Volume XXIII, Issue 228, 2 August 1881, Page 3

SUPREME COURT.

SITTINGS IN CHAMBERS, Tuesday, August 2 [Before His Honor Mr Justice Johnston.] His Honor sat in the Court Chambers at 11 a.m. EB HENEY BDWABD TYSON, DECEASED, Mr Slater applied herein for letters of administration to H. E. Tyson the elder, and approval of sureties. His Honor made the order. EE JEMIMA OBAWFOED MALCOLM, On the application of Mr Welding, letters of administration herein were granted to Frank Suter Malcolm as executor. CBBDITOES’ TBUSTBE OF Q. T. CLAEKB T. GOODMAN AND ANOTHBB. This was an application calling upon James Goodman and one Joseph Foster, to convey certain premises, and to do certain things under a decree granted at nisi prius, Air George Harper appeared for the plaintiff and in support of the application. Mr Bruges for defendant Goodman. Mr Joyce for defendant Foster. Mr Harper read affidavits filed herein, alleging that the plaintiff was willing to pay to the defendants the sum of £SO as provided

by the decree, on condition of their signing the necessary deeds, &c , which they now refused to do until the claim of Foster for wages was settled. The affidavits went on to state that a ketch, portion of the property, had been put on a slip at Corsair Bay and some planks knocked out of her, ostensibly to i have her repaired, but the plaintiffs verily believed this had been done with a view to prevent the plaintiffs getting the fruits of their decree. He (Mr Harper), from the affidavits on the other side, was of opinion that Mr Goodman had done what he could, so that they only asked for an attachment against Foster in the shape of a rule nisi, calling upon him to show cause. Mr Joyce, for Foster, submitted that the proceedings wore premature, as the plaintiffs had not done what was necessary for them to do. He read affidavits, showing that it had been reported to him that the ketch XXX was in a very bad state of repair, and required to be at once put on the slip. It wos then found that the vessel was in a very bad state of repair, and quite uneeaworlhy. The defendant Foster further stated that he was willing and ready to convey the property when the money was tendered, and when the lein which he had for wages os captain of the Annie was satisfied.

His Honor said lie did not think that Mr Harper oould ask for this order, as tho amount had not been tendered under tho decree.

Mr Harper said that he had purposely not [ -mdored the money, because ho was sure that : u would be taken.

His Honor said as at present advised he did not think Mr Harper could got his order without tendering tho money. Mr Harper said the summons asked that they should pay the money into Court until tho defendants did what was required. Tho defendants, therefore, had tho bast security that they would have the money when they had complied with the decree. After some further argument, His Honor said that the order would be that the sum of £SO should bo paid into Court by plaintiff, and tho defendant to sign and execute the necessary deeds, &c,, for handing over the property to the plaintiffs, Mr Goodman to have two months to file accounts herein. EE J, W. WILXINBON. On the application of Mr Stringer for Mr Oowlishaw, His Honor granted the order of discharge herein. HITCHENS V HITCHENS. Mr Harper applied for an order for the appointment of Mr W. S. Robison as guardian ad litem of T. R. P. Hitchens, one of the defendants. His Honor made the order us prayed. BANCO SITTING. His Honor said he would appoint a banco sitting for Friday, August 12th. RE JAMBS OSTLER. On the application of Mr Douglas, His Honor made an order of discharge. EE WALTER ALLAN. Mr Harper appeared herein to ask for an order under the Land Transfer Act, calling upon Walter Allan to give up possession to the mortgagee of certain premises. A summons had been issued calling upon him to show cause, but there was no appearance. His Honor made the order as prayed. BE JAMBS WM. GAITT AND OTHERS.

Mr G. Harper applied for on order sanctioning the transfer of certain lands herein to new trustees of the Star of South Canterbury Ledge of Good Templars. His Honor granted the application. Tho Court then rose.