HIGH COMMISSIONER'S COURT.

Samoa Times and South Sea Gazette, Issue 21, 23 February 1878, Page 2

HIGH COMMISSIONER'S COURT.

Tuesday, 19th Fkhkuauv, 1878. BeFOUE His Hijnnr PjIIEF JIHOSOB GoHItIE, Judicial Commissioner. Nfil v Hunt.—This was a case' L, ~Wmtitf claimed £l2 10s. from defendant, as a portion of £2;> j placed Eh the hunds of said defendant.] Tho pUuutiif, however, liandod in a receipt from the defendant which stated that the amount of £25 had l>eeii recoived from the plaintiff (Mr. J. P. Neiil) as security for his passage, &c., and that if tho plaintiff did not agree to act as trader for Huut, aud Co., lie was to forfeit the whole amount. The plaintiff did consider that it was binding upon him either to remain as trader for the defendant or return to Aueklaud, but that the money was only held as aeounty for his passage to wherever he might go in tho vessel. His Honor, however, reading the receipt tliat if tho plaintiff did not ngree to remain as a trader for i the dofendant he forfeited the whole amount, gave a verdict for defendant With 10s. (id. costs. Ciumbers v. HOST.—Thii was a case in which the plaintiff as attorney for '. Owen and Graham, of Auckland, churned . the sum of £.".42 12*. 45.. with 10 per , cent, pet annum added, being amount of , two promlMOry notes overdue ; the tint for h'Ji 12s. *d. dm- on 18th June,

11(7, and tne setoau tor £250 due on the 27th June, 1877. This being a case wherein an assessor was required to sit with the Judge. His Honor called upon Captain Murray, of H.B.M.S. Sapphire, to sit as assessor. After hearing the statement of both plaintiff and defendant, a verdict was given for plaintiff for the full amount claimed with 10s. 6d. costs. Upon the defendant being asked to make any statement as to how he would be willing to settle the account, he said that ho would accept the verdict as it stood. This ended the first day's proceedings, and the Court was adjourned till Thursday, 21st instant.

\VEn.NfSDAY,,FKI!IIUARV 20. This day was occupied in taking depositions in a case wherein three British subjects were charged for that they on the 7th day of November last, unlawfully and wickedly did conspire, confederate, nud agree one Edward Charles Cochrarfe feloneously, wilfully of their nialace aforethought to kill and murder. This was proceeded with with closed doors.

Thursday, February 21. Dr.fRV v. Sui.uv.vs.— In this case 0. \Y. Drury, of Fiji, Trustee in the Bankrupt Estate of Stewart, Cooper, and Co., by Lis agent. Q. A. Woods sued J. It. P. Sullivan, for several deeds belonging to the said estate, which were in tiie possession of the defendant. Mr. Sullivan claimed a right to hold the deeds till his claim for legal advice had been satisfied. His Honor, after hearing both sides, ordered that the documents should be at once brought and placed upon the table of the court. His Honor also stated that according to the Bankruptcy Law of Fiji and of every other country, when a person became bankrupt, every document of whatsoever value, in the hands of whosoever they may be, ought to be delivered to tho trustee of the estate, and to retain any such document was punishable by law. Mr. Iletherfngton appeared for the plaintiff. Thirty shillings costs were allowed.

Whiteside v. Bdixivajj. —This' w<is a case brought through the agency of Mr. G. A. Woods to recover the sum of of £23 amount of a promissory note given bv the defendant to Whiteside, of Fiji. Verdict for plu'ntiff for the amount, less £lO paid on account with !S per Cent, per annum added from the time the bill became due. No costs. Mr. Hethorington. for plaintiff. This being the last case on the civil list, the civil sittings were adjourned sine die.

The balance of the day was devoted to continuing the investigation commenced on Wednesday, which resulted in one of the parties !«'tug committed to take his trial for murder on Saturday, 23rd inst.