DISTRICT COURT SITTING.

Dunstan Times, Issue 369, 21 May 1869, Page 2

DISTRICT COURT SITTING.

(Before Wilson Grey Esq., Judge.) In Bankruptcy.

May, 17. Felix Faisandier—Mr. Brough as Counsel for the Bankrupt, appeared in support of application for last examination and discharge. Adjourned to Tuesday. Scott and Co.—Deed of Assignment. In this case, Mr. Brough applied for a Declaration of complete execution of Deed.” This application was also adjourned to the following day. Sloan v. Perriam—Mr. Brough, Counsel for the plaintiff, stated that the present action was brought to recover the sum of £65 being the value of a horse, the property of the plaintiff, which was killed on or about the 22nd of last February, on the Cromwell Road, by having been gored by a bullock belonging to the defendant, which bullock the defendant well knew to be of a danaerous disposition before the accident, having been over-driven, and consequently predisposed to rush anything which it happened to encounter. We have not space to report the evidence, which was very voluminous, and of a contradictory character. Judgment was eventually given for the plaintiff for £35, and £7 4s od. costs.

D. Robertson v. Low—This' was an action brought to recover the sum of fields on account stated, and reduced to £IOO to bring it within the Juri- diction. Mr. Chappie was allowed to act for the plaintiff. Mr. Brough as counsbljfor the defendant. Pleaded a set off, exceeding the sum claimed by the Plaintiff, and this was also reduced to £IOO. The only items disputed by the defendant, were the sums charged in the plaintiff’s account for beef and potatoes, which it was contended were considerably above the market value of the articles in question. The set off was admitted to the amount of £47 17s Od, and the only other question at issue was, whether or not the defendant was entitled to recover the sum of one pound per head for sixty head of cattle, which the plaintiff had kept on the defendant’s run, after having had-verbal notice of the defendant’s intention to make that charge. Evidence was given as to the market price of beef and potatoes, and the notice as to the price per head to ho charged ha vingbeen conclusively proved, the following judgment was given, viz:—The amount charged for the potatoes was reduced by £5, and the plaintiff was adjudged to pay the full amount claimed per head for the cattle, the result was, therefore, a verdict in favor of the defendant for £4 ss. (id., and £4 12s. costs. The Court was then adjourned to Tuesday, the ISth, at 10 o’clock. Tuesday, May IS. In Bankruptcy. Scott and Co.’s deed of assignment. After hearing Mr. Brough, on behalf of the debtors, and it appearing from the Trustees’ certificate that the requisite number of creditors had assented to the deed, a declaration of complete execution, was ordered by the Court. Eelix Paisandier—Application for final examination and < ischarge. Mr.Jas. Rivers, a creditor to the exttenfc of £O7 14s, tendered a proof of debt for that amount and intimated his intention of opposing the Bankrupt’s discharge. MrJ Brough, as counsel for the Bankrupt, started that he had received no notice of opposition, and asked that his Honor would in the absence of any definite rule on the sub-r ject, suggest that in future when any cre-o ditor desired to oppose, due notice of such intention should be given. His Honor stated that it was very expedient that the. 1 bankrupt shoul 1 have intimation of anv in-: tended opposition, and he hoped that for 1 the future, the course indicated would be adopted.

Mr Rivers examined the Bankrupt at great length, but failed to elicit anything of importance. He called a witness to prove the value of a certain water-race,, which the bankrupt had recently trans-< ferred to Mr. J. B. Peraud, for the sum of £4O. The witness stated that he would have given £l5O for the property in question but, on cross-examination by lit. Brough, he admitted that he had not money to pay for it, nor was he prepared rtf offer any security'. He ultimately' admitted that ho did not know any one who would give £SO in cash for the race.

His Honor stated that Mr. Rivers was perfectly justified in the course which ho had adopted, but that no reason had been shown for withholding the order of discharge, which was accordingly granted. APPEAL CASE. Connollan and others, appellants, v* Whetter (Mayor of Cromwell), respondent. —This was an appeal from the decision of the Judge of the Warden’s Court. The appellants were represented by Mr. W. L. Bailey and the respondents by Mr.

Badger. Mr. Brough, who was in Court when the case was called on, begged to draw his Honor’s attention to the fact that neither Mr. Bailey or Mr. Badger were qualified to a ppear and plead in his Court, and that it

was for the parties themselves to show the special circumstances which could justify them in employing agents when a professional man was permanently residing in the district. Mr. Brough also stated he had been informed that cases had been taken by agents on condition of their receiving a fee only in the event of their obtaining a verdict in favor of the parties by whom they were employed. He did not wish to mention names, but he had every reason to believe that his information was correct. The question was one which he felt bound to raise, both in his own interest and that of the profession generally, and he asked his Honor to give a definite decision on the point. Mr. Gray said that Mr. Brough was quite right in mentioning the matter, and he was much surprisit, that legal assistance had not been soC(Vj m the present in dance. «dlo there was only one duly qualified otitioner in the district he was disposed to allow great latitude in the matter ; but, for the future, he should require that party who had the right to -.begin to show the special circumstances which it was necessary to allege before he could be allowed to appear by agent. Mr. Brough observed that he considered that he had only done his duty in making the remarks he had made. As regarded the case now before the Court, he would, with his Honor’s permission, withdraw the objection he had raised, his only object being to obtain his Honor’s decision for his future guidanc. The case was then proceeded with, aud occupied until 11 o’clock p.m., when judgment was reserved.

RESIDENT MAGISTRATE’S COURT. (EXTENDED JURISDICTION.)

Thursday, May 20.

(Before Vincent Pyke, Esq., R.M.)

Hanlon v. Marsh. This was a claim against Thomas Marsh, of the CluthaFarm, near Cromwell, to recover the sum of £i!4lls. Cd., for threshing 1,353 bushels of corn. Mr. Brough for the plaintiff. The defendant did not appear, and judgment was given for the amount claimed, with £6 17s. costs.

M ‘Comb v. Patrick Minton; as Manager of the Suspension Water-race Company (Registered).—Mr. Brough appeared for the plaintiff, and obtained judgment for the amount sued for, namely £22 os. and £4 Bs. costs.

DISTRICT CFURT. IN BANKRUPTCY.

Mr. Brough applied to his Honor Mr, Justice Gray for an order of adjudication against Samuel Grogan, of Miller’s Flat, miner. Order made as prayed, and first meeting of creditors fixed for Saturday, the 29th of May inst., at the Court House, Clyde.