DISTRICT COURT.

Thames Star, Volume X, Issue 3429, 18 December 1879, Page 3

DISTRICT COURT.

THIS DAY. (Before J. E. Macdonald, Esq., District Judge.) Hii Honor took his seat at 10 a.m.

IN BANKRUPTCY.

BE JOHN O'NBILL. There was no appearance of the bankrapt, therefore the case was struck out. BE H. FLETCHIK.

Mr Brassey, for bankrupt, applied for his discharge. The Trustee s report ■hewed bankrupt's liability to have been £110; assets nil—except furniture, which was of small value. The report was favorable to the discharge being granted.

The Clerk of the Court drew attention to the fact that the notice of the intention to make the application had only been gazetted in one paper. Mr Brassey said he had done this advisedly. He quoted from the Act, which, he argued, only required one insertion.

His Honor held that the notice required to be inserted in the two papers. He thought it would be better to adjourn the ease till next Court day, when the defect could be remedied. -

THOMAS BFENCKB V. AHI I'EPEHB. Claim, £7111s, amount of charter of a steamer. A jury of four were empannelled to hear the case, viz., Messrs Geo. Vidal (foreman), Charles Tonge, J. Smith, and Matthew Yaughan.

Mr Miller for plaintiff, and Mr Brassey for defendant. :

Thomas Spencer, sworn, deposed—l ■m plaintiff, and the owner of the Mem* steamer. The defendant had a steamer called the Biro Biro. The steamer burnt her: boiler and the defendant carae to me to hire ray boat. On the 13th March he hired the steamer for £1 per day and 10s per day for my son's waget. Mr M. Puckey acted aa interpreter. I hired the boat to him on his own account entirely. He had the use of my boat and the services of my son for fifteen days. The defendant underatandt English very well. He has not paid foVfhe usei of the steamer. After Jhe hiring of the steamer defendant and I went into partnership to take a snagging eotftriefand go on carrying freight. The natives stopped the snagfing. The Eiroriro at this timf was laid up, and I went on carrying freight and was to be paid by Pcpene. On the natives stopping the snagging, the contract was dissolved, and it was resolved' that I should hare the freights moid By my steamer. I gave a list t>f the; freights to Mr Onyon to eolleet. That gentleman also being agent for P#pene» The people who owed money for freights also had contra accounts against defendant, and Onyon collected nothing for me. Defendant discharged none of the liabilities, leaving me to pay the coal account and wages. Pewits subsequently hired the steamer for 8 days for £1 per day, making the tetel •moint dot to mey Hi,

j Defendant only paid me £1. We went through the accounts-, a;.il In* f!M n«t I object to one item. Martin Paekey deposed Unit lie wns ! present when Pepene hired the steamer. i Spencer said they would bfl chums>. Both steamers worked together. i Gerald O'Hallorau doposed that he did not instruct Pepeno to hire the steamer. He acted as defendant's agent. For the defence—Richard Onyon deposed that on Easter Monday Spencer and O'Halloran came to him and said that they were going into partnership. Pepene's name was not mentioned. He then recognised O'Halloran as the owner of the Kiro Eiro. He acted as O'Halloran's agent. Pepene deposed that on the 13th March he hired the steamer from Spencer tor 15 days. He did so under O'Halloran's instructions. If O'Halloran bad not told him to hire the boat he would not have done so. Witness had nothing to do with the hiring of the boat. He simply acted as mastnr. This closed the case for tho defence. Counsel having addressed the jttry^and his Honor summed up, the Jury retired. Returning in a few minutes the Foreman said their verdict was for plaintiff £1519s 9A, in addition to £5 paid into Court, and costs. % The Court here adjourned till two o'clock.