SUPREME COURT—IN BANCO.
Thursday, November 14. (Before Mr, Justice Gillies.) His Honor sat in Court at 10 a.m. HENDERSON V. HENDERSON. His Honor thought that soma further affidavits should be filed before judgment was delivered, as the case was a very peculiar one. Mr Bell, for plaintiffs, concurred in this view, and the case was accordingly ordered to stand over. HILL V. HILL. His Honor; It appearing from the affidavits filed that the defendant has been guilty of a Very gross breach of the injunction against him, restraining him from molesting or disturbing the plaintiff, Fanny Hill, and he having had an opportunity of showing cause against the order for commitment, and no cause having been shown by him, —having had full notice of this motion, there is no alternative left but for the Court to commit him. I would have preferred to have committed for same definite period, but I can find no trace of any such order on examination, and therefore he must simply stand committed until he purges himself of the contempt by submitting himself to the Court and apologising for the breach of tho injunction of which he is guilty, and making a promise of better behavior for tho future. In the meantime, though I should have preferred to have made a fixed period, still X can find no authority for my doing so. Tho usual course is simply to commit until he purges himself of tho contempt. Therefore the order will bo that he stands committed to the gaol at Wellington for tho contempt he has committed by breach of the injunction. I shall sec, Mr. Brandon, that the warrant is carefully drawn up in the usual form. Mr. Brandon applied as to costs. His Honor : When tho defendant applies for his release it may probably be determined then that ho should pay the costs of the proceedings. Tho warrant for defendant’s commitment ■ was then drawn up. TATROR AND TOE V. SI St. In this case, on the application of Hr. 'Gordon Allan, the time to move was extended for fourteen days beyond tho usual time. ~ Tho Court thou rose.
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New Zealand Times, Volume XXXIII, Issue 5503, 15 November 1878, Page 2
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355SUPREME COURT—IN BANCO. New Zealand Times, Volume XXXIII, Issue 5503, 15 November 1878, Page 2
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