IitoNDAY, Nov. 17th,
[Before His Honor Judge Ward.] RE WM. MONROE.
Application by Clerk of the Court for directions as to taxation of costs against Harry and Hugo Friedlander. Mr. Purnell had objected to taxation, contending that the Clerk could not tax when there was no order for taxation, and referred to the District Court Rules, and that Mr. O’Reilly should not have taken out an order for the payment of cosvs. Mr. O’Reilly contended that he had pursued the practice of the Supreme Court in Bankruptcy, and that the objections of the other side were utterly absurd in the face of the express terms of the Act, and the Rules thereunder. It was perfectly clear that the District Court Rules did not apply. His Honor said that the practice of the Supreme Court applied, and Mr. Purnell was laboring under a misapprehension. Mr. O’Reilly suggested that as the Clerk was inexperienced his Honor should tax. His Honor—The Clerk cannot be expected to know how to tax, and I will tax at the end of the list. PETER. V. FERGUS Mr. O’Reilly applied for an adjournment to next week. Case was adjourned accordingly. RE WM. MUNHOE. Mr O’Reilly applied for an order nisi, calling on Harry Friedlander to show why a bill of sale given to him by the bankrupt should not be set aside as fraudulent and void against creditors. He read the evidence of Friedlander Bros., and contended that on their evidence alone, which was most unsatisfactory, the order should go, but that the evidence of the bankrupt, his wife, and Wm. Thomas made it clear that the bill of sale was fraudulent and void. Mr O’Reilly then read the evidence, and his Honor granted the application. RE WILLIAM MUNROB. Mr. Crisp applied for an order of discharge. His Honor said that as the previous application was still in abeyance—■ the order must be postponed. RE JAMES DALY. Application by Mr. O’Reilly to make order absolute for the payment of certain money in the Bank of New Zealand to the Trustee.
Mr. Harris, and with him Mr. Crisp, appeared to show cause. Mr. Harris wished to take a preliminary objection, and use the minute book as evidence. Mr. O’Reilly objected. The minute book was not a record, and was not evidence. His Honor said it was inadmissable. Mr. Harris then read the affidavit of Mr. Revans, Manager of the New Zealand Bank. Mr. Crisp followed, and wished to raise
objection to the appointment of truateflj but on looking over the papers filed withdrew. Mr. O’Reilly called his Honor’s attentian to the items of Mr. Revans’ affidavit which made it .appear that Allen’s was a private account, when it was a trust account on the face of it, as it was “ Allen’s Bankrupt Estate.” His Honor said this, if true, would be a subject for severe remark, and said he wished to see the bank book. The case would be adjourned for its production. RE J. Y. WARD. Mr, Harris applied for an order of discharge. Postponed for production of trustee’s report. RE THOMAS HUDSON. Mr. O’Reilly made application for the discharge of debtor. Application granted. KE J. IMBB. Mr. Crisp applied for an order of discharge. Granted. RE W. J. ROGERS. Mr. Purnell applied for an order of discharge. Granted. RE J. W. COTTON. Mi. Purnell applied for an order for payment of costs out of the estate. Granted.
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Ashburton Guardian, Ashburton Guardian, Volume I, Issue 23, 18 November 1879
DISTRICT COURT. Ashburton Guardian, Volume I, Issue 23, 18 November 1879
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