SUPREME COURT.

Press, Volume XIV, Issue 1834, 27 February 1869, Page 2

SUPREME COURT.

Friday, Feb. 26. [Before Mr Justice Gresson,] His Honor took his Beat in the Court Chambers at 11 o'clock. EE GEORGE HAKEISON DAYIS, DECEASED. Mr Helmore obtained leave to register a copy of the will in this case, probate having already been granted.. '<'*■>■■-'■■ In Bankettptc-'. cc henry dunsfobd. In this case ; it will be. remembered, a summons had been taken out j by the trustee, calling upon Mr Ward, one of the creditors, to show cause why his claim should not be reduced. ■'-■■ ■•'■ •-• ■• v ~ <■'-■• •'• - ; -•-•••-■•-•- His Honor allowed the full claim, and made an order giving Mr Ward priority for two amounts of £12 Bs4d r aricf £66 T_s 4d as i salary due to him as clerk; with permission to prove with the other creditors for £9 4s, the balance of his claim. ■ ?'.7'. ; Mr Jameson, counsel for Mr Ward, asked for costs. •■' ■ ~~i ■•■- ''■■'■ <■■ The application was refused; trustee to have costß the estate. ;_m_ FBEDBBICS:i'IIv ARNOLD. • This insolvent applied in person for an order of adjudication, &c. . . , Order made ; Wednesday,'the 10th March, at eleven o'clock, being appointed as the time for a meeting of creditors. In Banco. BBS WICK V. THE MAYOB. COUNCILXOES, AND BUEGESSES OF- _-A_APOI. Mr W. Williams, oh"' behalf of the defendants, moved for a rule for a view, stating that Mr George Frederick D-y was the Viewer named on the part of defendants. The order was held over until a viewer for the plaintiff is named by the Registrar. HAYHUBST V PABKE. Mr DOyly, for the plaintiff, obtained leave to enter up judgment in default of.plea for the amount clamed—£s9o 14s 6d—and costs. : ; '.';" FA-TEBSON Y. NOALL. ■7 7 ? Mr Slater applied for an order discharging the defendant from gaol, on the ground of the maintenance money not having been paid. His Honor said there was nothing iv the j papers before him to show that the_dofendant was not committed *o prison'under the section of the Resident Magistrates' Act of 1868 which empowers magistrates, in cases of fraud, and when the debt does not exceed £10 in amount, to commit a defaulting debtor to prison /or- a. period of not more than three months ; - aiid in Such _. case, the pursuing creditor would not be liable to pay maintenance money.. Mr Slater said he was hot bsfore aware of the existence of such a clause; and; "as $18 papers had "only* just been placed in his hands, he was not prepared to Speak positively as to the mode in which his client was committed. Since the affidavit, however, stated that maintenance money had been paid up to a certain date, it might be inferred that- his client was committed in the ordinary way, : His Honor remarked tjiat it was possible the oreditor had paid the-maintenance money in ignorance of his non-compulsion to do bo. The- learned counsel himself, ifc seemed, was ignorant'of the altered state of the law; and, a fortiori, anon-professional man might be ex- I pected to be ignorant of it.

Ultimately the caso was postponed, m order that a new affidavit, might be hied ; and his Honor promised, if this wero done, to maltha order before the criminal sittings ot the Court begin on Monday. ___________-»-_-—_-