SUPREME COURT, HOKITIKA.— IN BANCO.

Grey River Argus, Volume XII, Issue 1291, 18 September 1872, Page 2

SUPREME COURT, HOKITIKA.— IN BANCO.

Monday, Sept. 16. (Before His Honor Mr Justice Greswn.) His Honor took his seat on the Bench at 10 o'clock. , DRURY V. COONEY AND OTHERS. His Honor stated that he was unable to give judgment in this appeal case. He would transmit it from Ohristchurch to the Registrar, who would communicate the same to the counsel. BANK OF NEW ZEALAND V. TONKS. In this case a rule nisi had been obtained by Mr Guinness for the defendant, requiring the plaintiffs to show cause why the writ of summons in an acti®n brought by plaintiffs against the defendant on a bill of exchange should not be set aside for irregularity. The grounds upon which the allegation of irregularity was made, were as follows :— (1 .) That the description or calling of the plaintiff was not stated in the same writ. (2.) That the indorsement upon the said writ, as claiming interest, was not made in manner and form directed by the " Summary Procedure on Bills Act, 1862," and the schedule A to the said Act annexed. (3.) That the indorsement upon the said writ, as to the solicitor by whom the writ was issued, was not made in accordance with the 4th section of the " Summary Procedure on Bills Act, 1862," inasmuch as the writ purported to be issued by Samuel M. South, as agent for Heber Newton, of Greymouth, solicitor for bankrupt, whereas it should haye been issued by Mr Newton. Mr Button^ showed cause against the r»"e, arguing that the provisions uf the Act had been substantially complied with. ' Mr Guinness replied in support of the rule at considerable length, pointing out that under an Act which was framed for the purpose of ecnbling a plaintiff to have judgment entered up with expedition on bills and contracts where the amount and term of payment was ascertained and stated, it was necessary that there should be a strict confirmity with every requirement of the statute. The Court made the rule absolute for setting aside the writ, with costs. JOHNSTON V. REVELL AND KEATING. In this case a rule nisi had been obtained by Mr Guinness, requiring Mr Bevell, the Resident Magistrate at Greywooth, and Keating, the Inspector of Nuisances for that Borough, to show, pause why a case for the opinion of the Supreme Court should nor bo stated, pursuant to part 1 of the " Appeals from | Justices Act, 1867." Johnston had b§en summoned, on the 27th of August last, before Mr Revell, on a complaint by Keating, that he (Johnston) had unlawfully kept eleven pigs within the town of Greymomh, and was fined for the offence; The Magistrate was required, on the part of Johnston, to state a case for appeal, but he had refused to do so, exercising the discretion permitted by the Act. The grounds upon which Johnston's counsel relied in support of the rule, requiring the Magistrate to state a case, were as follows : — (1) That the appeal was not frivolous, inasmuch as the bye-law or regulation oft the Borough of Greymouth did not clearly and distinctly define the limits and boundaries of the parcel of land, upon and within which, it shall not be lawful to keep swine. (2.) That the map or plan produced at the hearing of the information, or complaint, purported to have been prepared and cortifjejl by the Chief Surveyor of the County of Westland in the year 1870 (being about four "months after the making of the said bye-law or regulation), and, therefore, did not prove the existence of the boundaries/situation, or names of the sections or streets, mentioned and referred to in the said bye-law or regulation. (3.) That the said determination (meaning the judgment of the Magistrate) is bad in law, inasmuch as the said William Horton Revell had no legal power to convict the defendant upon the said information, and order him to remove, or cause to be removed, the said swine in the said information' and order referred to. " . Mr Button showed cause against the. rule, and Mr Guinness having been heard in support, The Court made the rule absolute without costs. ICE GREY VALLEY TRAMWAY COMPANY, LIMITED. Mr Guinness, for the petitioning creditor, applied for an order making Mr JET. Kenricic, official liquidator. -^Granted. The Court then rose/