DISTRICT COURT, CLYDE.

Dunstan Times, Issue 626, 17 April 1874, Page 2

DISTRICT COURT, CLYDE.

Wee .'Esi'ay, A phil 15. (Before Wilson Grey, Judge). Bohning and Go., appellants, v. Carroll and others, respondents. Mr. F. J. Wilson, solicitor, for respondents; Mr. Bohning conducted the case for appellants. -This was an appeal against' an arbitration aßowedb) W. L. Simpson, Warden, Alexandia, on Ihe ground that the matter dealt with by the arbitrators was general, whereas it should,have been confined to one speciality—a flood race ni] posed to he injured by the now appellants. From the opining remaiksof Mr. Wilson it was shown jtbat the appellants had on several (three) occasions appeared before the Warden’s Court as defendants for a wrongful interference with the nowfresp (indents' flood race ; that, on the second instance, the Warden had, to save further trouble, ordered an ai l itr at ion ; that, on the thir d instance, the, Warden ordered the mrev appell nts to pay the amount of the award ; arret that it was against this decision tit appeal was founded. Mr. ’Wilson produced and read grounds of appeal, agreement of award, memorandum of award, complaints, and judgment in prior case, and argued and explained each separately, contending that the appeal could trot, stand, as tire award and the Warden’s judgment were given in a fair spiiit. At thrs stage the case was adjourned to allow of the other cases, in which there were a great many persons concerned, to be proceeded with. Bartk of New South Wales y. George Jenour, Manager of the Royal Standard Quartz Mining Company (Registered).— Claim Cy.il. His. 2d., the amount of an overdraft on the Bank account. Mr. F. J. Wilson, solicitor, appeared for plaintiff. . Defendant did not put ru an appearance. 1 Mr. Wilson applied for leave to amend the summons, by striking out tire words *' George Jenour, Manager of.” His Honor expressed a doubt of bis ability to allow of the amendment. He said the over-draft was an act. of borrowing, and he should require proof that the Company in mining ■ partnership had power to borrow. Mr. Wilson sard he was prepared to accept a non-suit, which was granted. IN BANKRUTCY. APPLICATIONS FOE FINAL MLCIIAEGE. John llalliday, of Bannockburn, storekeeper.—Liabilities, 221t. 12s. 2d. ; assets, 1.575/ Mr. J. R. Cowan, so’icitor for bankrupt. Mr. Faelre, Deputy Trustee, examined the bankrupt at some length over items i.i assets, Iroueo, sta’de, &o. (tli).)/,), but failing to obtain evidence required, ho applied for a postponement, to obtain the presence of the supposed holder of a bill of sale over tire same. Postponed till Monday, the 27tb rust, John Baker, of Cromwell, contractor.— Liabilities, 120/. 7s. Id. ; assets, 42/. Mr. J. F. Wilson, solicitor for the bankrupt, explained that the assets were pr- etieally nothing, being principally bad debts. The causes of insolvency assigned were losses on a sub-contract, being defrauded out of tire amount of a sub-contrsct (105/), and sickness in family. Granted. Simon and James Aitohison, of Bannockburn, miners.-Liabilities, 213/. Ss. lid. ; assets, nil. Mr. F. J. Wilson, solicitor, for bankrupt. Mr. A. Richie, a creditor to tbs amount of 1 ;>/. 2s. 2u., appeared to oppose. He, however, not having proved his debt, Mr. Wilson objected to bis being heard. His Honor over-ruled the objection, on the ground that on the Gold-Holds it was not to he sn pposod everybody was acquainted with the rules of the Court. The examination was proceeded with, and it was elicited that the bankrupts were miners, but at the present time they were wo king on the roads ; that they had spent hundreds of pounds sterling in prospecting for quartz reefs on the Garrick Range, besides increasing their!present liabilities; and that the cause of seeking the protection of the Court was fear of arrest at tbo suit of the opposing creditor. Granted. William Insley, Dunedin-road, farmer/ —Adjourned from the last sitting of the CourtDischarge granted. Thursday", Arum Id. Rnhning and others v Carroll and others. Adjourned from the previous day. Mr. Bohning entered very fully into the history of the case. He objected to the constitution of the arbitration, saying iho arbitration was not a willing one, and that one. of the arbitrators had not conducted himself decorously during the arbitration. He also questioned the right of the Warden to make an order for arbitration. Mr. Wilson replied - Judgment deferred.