SUPREME COURT.

Press, Volume XIV, Issue 1829, 22 February 1869, Page 2

SUPREME COURT.

Fbiday, Feb. 19. [Before Mr Justico Grceson.] His Honor took hia seat in the Court Chambei's at 11 o'clock. EE THE WILL OF GEOBGE HABBISON DAYIS, DECEASED. Mr Helmore applied for and obtained pro , bate to tho widow. BE THE WILL 01" JAMES PATTEESOH, DECEASED. In this case an application by Mr Nottidgs, on behalf of Mr W. Williams, for probate to the widow, had stood over in order to allow of his Honor looking up authorities on the practice in cases where no executor is named in t!w will. His Honor Baid ho found, on looting ove? the latest authorities, that it was not now tho practice to grant probate of a will accordiog to its tenor, and the old authorities eaid tbefc what makes a testament is the name of tho executor. Mr Nottidge had, perhaps, better take administration, with the will annexed. Mr Nottidge said he would do so. An order was made accordingly. In Bankruptcy, be henby dunßfobd. This was a caee under the Debtors and Cwditors Acts: Mr Notfcidgo, who appeared for the trustee, Mr W. H. Hargreaves, eaid a eummons had been taken out calling upon Mr Ward, ose ot the creditors, to show cnuso why bis claim should not be reduced. In OrdtSr to eafd &* pense, the facts had been agreed upon between the parties. Those facts briefly were, that Mr Ward was some time ago engaged as a clerk in Mr Macpherson's establishment a salary of £75 a year, with an annual increase of £25 for five years. Owing to a roicclion being made in the establishment, Mr WaWf. services wero dispensed with, and ho woB tbSE engaged by Mr Dunsford upon tho ettmetenM* A vessel belonging to Mr Dunsfoird sailed from Lyttelton in March, 1867, and Mr Ward,as Mf shown by a letter before the Court, was -tm in her as supercargo. On the 3let MwjjJ the vessel was wrecked at the Fijis. m Ward, having sold the wreok for £7 12«,«» the cargo saved for £23, returned to M»"' ton. He now claimed from Mr Dnorfbrt* estate his expenses from the Fijis to WJ;** and also his Balary as clerk up to the »»£ his arrival at the latter place. The cjeg« were moderate enough, and as it w . oald ° hard case if Mr Ward were to lose h» mom the trustee did not wish to press him j w inasmuch as section 155 of tho »« Shipping Act provides that in caeeeofvrc? seamen shall only be entitled to wagea«r* tho time of the wreck, and the clause of tho Act explains that the w "seamen" includes all persons employea« board, except masters, pilots, and —thus including supercargoes—the v did not feel justified in paying- tho Q without the sanction of the Court. _ v,__«i His Honor said the whole WB»j upon whether Mr Ward was, afc tftfl [ im %y the wreck, Mr Dunsford's clerk or not. letter seemed rather to chow that he was » ing as euporcargo and gf n ! ra^f ci Vy flri j oow Mr Jameson, counsel for Mr WaN >«> tended that Mr Ward was Mr BofflgJJ clerk at the time of tho wreck ; he w»w leaving Lyttelton a clerk, at the time Jj" ing he was a clerk, and there was a understanding that upon his return w *; t&a . resume hia clerk's duties, The wwom" n j oT «l ployed on board " could only mc« W°> by the master.

A lengthened conversation ensued, during •Vehfo reply to (he Court, Mr Nottidge Ji the ertitJ would pay 3s to 4* m the Po Shmllv, an application by Mr Jameson for ,-rSoSiment in order that an affidavit by II Dunsford might be filed was granted. BE GEORGE FUEBY. UrGarrick offered an explanation as to •bet he ww sieged by Mr Harper to have •Ttwrarding the Jatter's conduct in this case. SfaSk-phatically denied having told 2 Hamncrthat he wished other penon. to Sieve or that he personally thought Mr HgiXS with $c explanation. BE HEIHIY LAtfGFOED. Oα the application of this insolvent in perJTan order of adjudication was made and Wedneaday, the 3rd March, at 11 o'clock, fixed as the time for the meeting of creditors. BE ITENBY BEECHEY. A similar order was made as in the last case ; fcehour fixed being 12, instead of 11 o'clock.