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Nelson Evening Mail, Volume I, Issue 216, 14 November 1866, Page 2

His Honor Mr. Justice Johnston sat in the Supreme Court, under the Debtor and Creditors Act, to-day. The following cases came before the Court : — In re Johns and Trewheller. Mr. Kingdon, for the trustees, moved for an allowance of 5 per cent, commission on the amount realised as paid into the Insolvent Estate Fund. Order granted. In re M'Conkey aud Birrell. Mr. f-ungdou moved for a similar order, which was granted. A further hearing of the petitioners, C. Stewart, Michael Ward, and D. Wilson, was ordered for Friday, the 23rd instant. In re Archibald Henry. Mr. Pitt appeared for the petitioner, who was examined. Joseph Porthouse was appointed trustee. The creditors were ordered to prove within three months after notice. A further hearing was fixed for the 14th May ; protection was continued. In re Edward Coleman, Mr. Pitt appeared for petitioner, who was not opposed. An order of dischargo was made from his schedule debts, to take effect after examination six months from date. Iu re Agenore Dupuis. Further hearing appoiuted for 23rd instant. In re W. W. Hutchinson. No, appearance of petitioner. Petition dismissed. The 'Court adjourned till the 23rd inst. Iu the Resident Magistrate's, Court yesterday, a case of assault was heard, Stewart v. Simpson. The complainant who is under 'bailiff, was in possession, in a disreputable house iu Bridge-street, under a distress warrant, for rent. Whilst there lie was assailed in a savage manner by the defendant, who struck him in the head with a bottle. The assault was fully proved and the defendant iseuteuced to two months' imprisonment, with

hard labor. Hugh Cottier was fined £5 aud costs, under the Licensing Ordinauce, for selling drinkj after 7 p.m., on the evening of Sunday the 4th ihst. In the- Resident Magistrate's Court,, to-day, Charles Robins charged Robert M'Corkendale with stealing five shillings from.hi'm. It appeared that the complainant and, -prisoner slept iu tiie same room at the Otago Diuiug Rooms. On Monday night when the complainant went to bed he had five shillings in his pocket. He missed it next morning. The case was partially heard yesterday, and remanded until to-day. The Magistrate not considering the evidence conclusive, dismissed the case. The following civil cases were heard : — Levien v. Wakeford, claim £19 13s. 3d., of which £10 was paid into Court, and time allowed for the balauce. Hubbard & Marris v. Jos. Taylor. This claim was £11 9s. 3d. for commission on the sale of property aud advertising the same. It appeared that the defendant, after giving the paintiffs land to sell, sold it himself without giving notice of his intentions. The Court gave judgment for plaintiffs for half the commission, the costs of advertising, and the costs iu the case. It was announced that the arbitrators in the case Pike v. Wise would give their award to-morrow. Trask aud Cook v. Lad. Claim, £18 16s. 3. Judgment for plaintiffs, time allowed. Crate v. Edwards and Co. Claim, £75 125., the value of a case of goods that was not delivered according to contract by the steamer Nelson at Hokitika. On the application of Mr. Kiugdon for defendants the case was adjourned till Mouday next. T. H. King was fined 20s. and costs, aud John Belmau, 10s. aud costs, for drunkenness. John James Burnett, charged with disorderly conduct was dismissed. / We see that au exhibition of dissolving .- vieAvs of the scenes of the Maungatapu tra- ■' gedy, are causing a slight sensation in the rural districts. The schools of Wakefield, Spring Grove, and other places have been highly delighted with this attempt to pourtray scenes which will not soon fade from ...the recollection of the present generation. This evening the trial of John Barleycorn will take place in the Temperance Hall, Bridge-street. As the parties who personate the various characters, have had several successful performances, in the country districts, they ought to be well up in their respective parts. No doubt a large number of persons will patronise the highly amusing performance this eveniug. It may not be generally known that the creditor at whose instance a debtor is imprisoned, has to pay for his maintenance, ss. per week, and that if he neglects to pay it for a fortnight the debtor will be liberated. A case, says the Independent, has occurred just now in Welliugton where the warden of the gaol has made affidavit that the mainte-nance-money has not been paid, and in all likelihood the debtor will be liberated in terms of the Act passed last session. The following is the clause from the Act : — Whenever a detaining creditor or detaining creditors shall for the period of two weeks fail to pay for the maintenance of a debtor detained as a. prisoner at his or their suit at the rate provided by section 35 of " The Debtor and Creditors Act 1862" upon affidavit thereof made by the warden or other officer in charge of the gaol iu which such debtor shall be so detained heing filed in the Supreme Court in the judicial district in which such gaol may be situated such debtor shall on application to the Court or to a Judge thereof be entitled to au order for his discharge from further custody at the suit of such detaining creditors. Provided that such order or discharge or such imprisonment so terminated shall not be deemed or taken to have extinguished the debt or debts of such creditor or creditors as aforesaid but solely to have extinguished the right of such creditors to take or detain in custody the body of such debtor in respect of such debt or debts. Some of the Maoris living at Kaiapoi have obtained permission to organise a corps of Maori Volunteers. The general assembly of the Wesleyan Church will meet at Auckland, on the 28 th - November,

A work of a magnitude' and much importance to the shipping interest of the port has says the W. E. Post, for the last few weeks been quietly but quickly progressing, and by the end of December the result of the labor of a couple of enterprising men will astonish the easy-going folk of Wellington. Messrs. Beck and Carter's project is to supply the shipping in harbor with water from the springs behind the hills which surround the town. For this purpose they commenced to bore a tunnel through the hill behind Mr. Levy's establishment, Lambton Quay, and, by working night and day for a fortnight, have succeeded in excavating to the distance of 130 feet. There still remains 220 feet to be penetrated before communication with the town Belt is reached, and then a very large supply of excellent spring water will be procured. Already several springs have been met and upwards of 600 gallons of pure water trickles through the tunnel every day, but when the six inch pipes ordered by Messrs. Beck and Carter from Melbourne, arrive, as expected by the Tararua, the quantity will be more than quadrupled. Messrs. Beck and Carter anticipate being able to supply the shipping with an unlimited supply on the Ist January ; and, from a visit to the scene of their labors, we consider their expectations by no means too sanguine.