Supreme Court.

Star (Christchurch), Issue 241, 19 February 1869, Page 3

Supreme Court.

— ■ — -♦ This Dat. (Before his Hoflor Mr Justice Gresson.) His Honor sat in the Court Chambers, at 11 o'clock, this morning. BE HENKT DUNSFOBD. Mr Nottidge said that in this case a summons had been taken out, calling upon one of the creditors (Mr Ward) to show cause why his claim should not be reduced. The matter had been brought before the court for the trustee's satisfaction, because he didn't feel justified in paying the claim before bringing it under his Honor's notice. The facts of the cade had been agreed upon between the trustee and the claimant in order to cave expense. The facts were shortly these: Mr Ward was engaged as junior clerk at a salary of £?5 per year, with an annual increase of £25 for five years. He was subsequently engaged by Mr Dunsford ashisclerkon the same arrangement. Mr Dunsford's vessel sailed from Ly ttelton, for theFijis in March, 1867, and Mr Ward was sent by her as supercargo. On the 31st of March, the vessel was wrecked at the Fijis ; the wreck was sold for £7 12s, and the cargo that was saved, for £23. Mr Ward now charges j against Dunsford's estate his expenses back to Lyttelton, and also his salary as a clerk up to j the time of his return to Lyttelton. The' trustee did not wish to press the case very hard against Mr Ward ; but the Merchant Shipping Act provided that seamen should not be entitled to wages after the wreck of the ship. The learned counsel cited a clause to show that Mr Ward could only be treated as a seaman, having accompanied the vessel as supercargo. His Honor : On reading the papers, my wish was to admit the claim if I could see my way to do so. Mr Nottidge : If it is decided that Mr Ward was a clerk, the trustee would not contend that he was not entitled to the amount of his claim. His Honor: I am inclined to think that "clerk" is the best way to put it for him. It seems a fair claim, and it would be very hard upon him if he were not allowed the amount he seeks to recover. Mr Nottidge said that all the trustee wanted was the authority of the Court to satisfy the dßim. His Honor : Have T entire arbitrary discretion in the matter tinder the Acts ? Counsel replied in the affirmative. His Honor : Is there a good estate in this case ? Mr Nottidfife : The estate is very considerable, your ' Honor. I helieve it will pay a dividend of from 3s to 4s in the pound to all the creditors. His Honor : That is not a very considerable estatp-. Mr Nottidge : It is, under the old bankruptcies, your Honor. His Honor: What have you to urge, Mr Jameson ? Mr Jameson contended that his olient did not come under the section of the Merchant Shipping Act as a seaman. His contention was, that Mr Ward was a clerk, having been employed formerly as such, and having left Lyttelton still as a clerk. His Honor: How do you make that out? j Mr Jameson : Mr Dunsford's' letter to' him before leaving Lyttelton shews, I thinlc, that he was a clerk. He sold the wreck at the Fijis, returned to Lyttelton, and recovered ths insurance. The word " seaman" would only apply to men under articles. I think my client cannot be taken to be a seaman. His Honor: Then how do you make him out to be a clerk? He appears to hare been more as a general agent. Mr Jameson said he would ask for an adjournment, in order that an affidavit; might be made by Mr Dunsford as to the capacity in which Mr Ward was employed. Mr Nottidge consenting, the case was adjourned until the 26th inst. BE GEORGE HABBIBON DAVIS, DECEASED. Mr Helmore applied for an order for leave to issue probate to the widow as sole executrix. His Honor made the order as prayed. BE JAMBS PATTERSON, DECEASED. His Honor : In this case, Mr Nottidge, T find that it is not the practice to grant an order for leave to issue probate according to the tenor of a will. Mr Nottidge : Your Honor understands that I was instructed in a hurry on Tuesday morning last, and had not time to sift authorities with any great care. His Honor: Looking to the old cases, they all say that what makes a testament is the name of the executor. It is nob a testament without the executor's name. Mr Nottidge : Then the order will be one of administration, with the will annexed. Order accordingly. BE GEORGE FUBBT. Mr Garrick, referring to what had occurred before his Honor on Tuesday last, denied emphatically that he had said, or wished it to be gathered by others, that Mr Hanmur had conspired with the bankrupt't son-in-law to defraud the creditors. Mr Hanraer SHid that this impression had gone abroad, and his desire was to have it removed. After some further conversation, the matter dropped. IN BANKBUrTCT. RE HENRT LANOFOBD. The debtor, in person, applied for an order of adjudication and meeting of creditors. His Honor made the order, and fixed the meeting of creditors to take place at the Registrar's Chambers, at 1 1 o'clock on Wednesday, the 3rd March. BE HENRY BEECHBY. On the debtor's application, a similar order was made ; creditors to meet at noon, on tlie 3rd proximo.