SUPREME COURT.—This Day.

Auckland Star, Volume XXVI, Issue 137, 18 June 1885, Page 2

SUPREME COURT.—This Day.

IN BANKRUPTCY.

(Before His Honor Mr Justico GllUe3.) Balk ok Book Dbbtb.—ln ro James Bound.— Application on behalf o£ Official Assignee for lcnvo to sell tbo book debts. Mr Cavo for AsBlßnee, nnd Mr Mahony for debtor. There woe no opposition, and the application was grunted. — A similar application waß made Fa ro Hugh Hart Lusk, and Mr Devore (who appeared for tbo debtor, having no objection, the order wq3 graated.-Mr Cave stated,that tbo bosk dobts amounted to £150, and wore the only asset. Similar applications wore made and granted in ro John McMshon (Mr Mackeohnio for debtor), Joseph BUla, Frank Owen Fiahor, John Cosiravc. Martin Korwlcfc, Andrew Snowdon.

Bailivfs' Fkks.—ln ro William Alfred and Charles Turk.—Mr Caro applied on bohalf behalf of tho Oillclal ABsigneo for payment of tho possession fees oC J. B. Blake;'s bailiir, who hold tho debtor's goods when the bankruptcy potition was filed. Tho baillfftheroupon relinquished possession to tho Assignee, and put in a claim for his foes against the estate Tho quostion to be determined was whother tho bailiff hadaprcferontlalclaimupon theostatofor his fees.—Mr MackecliDlo appeared for the judgment creditor (Mr J. B. Blakey), and submitted that the bailiff had n lion upon tho estate for his foes. Ho thon proceeded to cite the oases of Craoroft ex parts Browning, 8 Chancory Division 690, and Snoary T. Abdy, 1 Exchequer Division 299,—Mr Oavo pointed out that inder section 93 of tho District Com to Act a bailiff was in exactly tbo same position as a sheriff in execution of ajadgmont or warrant of the Supremo Court. For a definition of a sheriffs duties, he invited attention to Atkinson's "Shorlff Law," pages 202 and 278. Thoro was nothing analogous In tbo Now Zealand Bankruptcy Aot to clftuso 80 of tho Knglißh Act of 1889, whioh governed tho enso oJ Cracroft v. Browning. No execution would avail without the leave of the Court. Mr Cave wont on to quote Now Zealand casos from Ollivler, 8011, and Fitzgerald's Reports, and ho submitted thai tho only way by which tho bailiff could reoover his f «es was by tale, and that his po\tor to take that oourso was »ow gone—His Honor reforved judgment Oudisks OF DiBOTiAHSE.—Mr E. Maheny moved for an order of dlschargo from bankruptcy on bohalf of Joseph Haslett Flatt—Mr Cave stated that the Assignee would not object, provided that debtor paid tho costs of bankruptcy.—Order suspended until tho payment of £0, bankruptcy ooßts.—Mr Mahony moved for a '•lniiUr order ia thecaso of Allan Gardiner, with a like result BANicituproiEs Closed.—ln the case of tho following bankrupts thoir public examination was passed and thoir dovornl bankruptcies declared to be Closed:-John MoMahon, William OHf?, William Honry Taylor, John Jamos Allon. Joseph Armit, Thomas Hcaloy, Honry Willlani Stacey, James Bound. John Mullally, Jamoii John Moßa, Angus McKay, Norman Finlayion and Duncan MoKenzle, Joseph Mallott, James Fraser. Frederick George Singleton, Mary Iteardon, Chas. Henry Hill, Hugh Adjox R<!ed.—Similar applications on bohalf of flenry Chatfleld, John Harvey, Jas. Baker, Frederick: Morgan, and Angua McNelll.