SUPREME COURT.

Press, Volume XII, Issue 1569, 16 November 1867, Page 2

SUPREME COURT.

Friday, November 15. SITTI1«J8 TTHDEB THE DEBTOB3 AND CEEDITOBS ACT. [Before His Honour Mr Justice Gresson.] Mr Joynt applied for the discharge of David Piercy, a debtor in custody, on the ground that the maintenance had not been paid. Hie Honour granted the application. FIItBt HBAUINQ. Re F. E. Eicke. Ifr Joynt stated that Eicke had, ho beliavcdj absconded, and as he had not received any instructions, he could not apply to the Court; for any order. Tho Inspector In Bankruptcy had aisa imuln every endeavour to iiad out lui'lies whereabouts. 1113 Honour adjjurned tho hearing ttntil next sitting, so as toallowofanyof the creditor* tukiug the matter up. Re Geobcjk Osam. On the application of Mr Cowlishaw, k aT9 was granted to amend the schedule. There being no opposition, his Honour made the usual order for adjournma!it,to coevene a meeting of creditors. Re J. Wilsok. On the application of Mr. CowlislM* , * similar order waa made. Re Wμ. Gbaot. On the application of Mr Slater, leave was granted to -amend the schedule, Tbo usual order wiis made. , ~ ttv SUter applied for the discharge oJ til* debtor from custody. ' . Ilij Honour -ssud that ho would hear w» 1 apph'cation in Chambere.

Be H. F. Campbell. . j oTtlt applied f° r <hp usual or(Jer for rftolmment, wh-cl. was made. j?« J- Crawfobd. n the application of Mr Slater, leave was .3 to amend the schedule, and the usual granted [j r der was made. J2e J. F. Ballaed. Mr Slater stated th»t the debtor was in j cUS - hdbeas corpus to brins; the debtor np ! The debtor would, by con-i t "of die detnining creditor, be discharged 8811 Cofnrdar He applied that the case be I 2«d until next Chamber day His Honour granted the application. %c C. J. and W. Dunnage. Mr Mecf irlan appeared for the debtor, and If. Wvnn Williams for some of the creditors. Hie" Honour asked if Mr Williams had Mr Williams said that he had not. Hie Honour stated that Mr Williams had n0 locus standL Mr Wil!i» mß said that he could oppose at another stage of the proceedings. The usual order was made, jfe Gt. A. E. ROSS, A DeBTOE ; AND THB petition or Rose A. Pools, a Cbeditob. Mγ Cowlishaw appeared for the petitioning creditor, »nd stated that the debtor was so T erv iU t" at *" s me<^ical advisers had objected to bis remoTal. Under the circumstances his Honour said that he would make a final order. Registrar to cede and deliver, and Mr Graham to be trustee. Be Thornton and Pottbb. Mr Slater applied for leave to amend the Bchedule, which was granted, and the usual order was made. Be W. H. Obam. Mr Cowlishaw applied for the usual order. Mr Gh Orava. applied to the Court for leave to ask a few questions of the debtor. Bis Honour asked if Mr G. Oram had proved his claim. Mr Oram faid that he had not. Debtor examined by G. Oram —At the time the debtor had entered into partnership with his brother he had promised to pay jgsooforhi3 share. Had put in £550, and his brother another £550. Had signed a bill when ill in bed for a £1000, thinking it was for £500. This bill was afterwards acknowledged by G-. Oram to be a mistake in the presence of his three brothers. Had got out of bed assisted by his brother to sign the bill. Mr Garrick's clerk was about the place at the time with some deeds, and might have been present. The usual order was made. JINAI. HEAEINGS. Be C. C. Rookes. Mr Slater applied for a further adjournment in this case, as the deed of composition had not been as yet received from Auckland. His Honour adjourned the hearing until December 18. Be J. McGtll. Dr. Foster applied for a further adjournment, as no meeting of creditors had been held. The debtor examined by Dr. Foster —Had been absent from Chriatchurch, and did not Inow that it was necessary for him to attend the meeting of creditor?. The Inspector stated there were no assets ■whatever in the estate. Hie Honour granted the adjournment. Be G. & F. Eobson. Mr Slater applied for the final discharge of the debtor. A meeting of creditors, at which only one person was present, had been held. No creditor had proved. Final order made ; Mr Graham trustee. Be Hansman & Young. Mr Slater applied for the final order, ac only one creditor had proved in the estate. Mr J. E. Graham stated that the estate would pay 6s 8d in the £. Final order made; Mr Graham trustee. Be J. Hicks. Mr Joynt applied for the final order. The estate ■would pay more than 6s 8d in the £. ITinal order ; Mr Walker trustee. Be H. Manke. Mr Joynt applied for the final order. No creditors had proved. Final order made ; Mr Graham trustee. Be T. Gee. Mγ Macfarlan applied for the final order. Mr J. E. Graham said that there were no assets whatever in the estate. Mr Macfarlan stated that he believed no creditors had proved. The Registrar stated thnt several creditors had proved. |> ,His Honour granted the application, but suspended relief for six months. Be J. Mbldruh. Mγ Joynt applied for the final order. Mr Graham stated that there was no estate. One creditor had proved. Final order made. Relief suspended for six months. Be J. Mobgon. Mr Joynfc applied for the final order. Mr Walker stated that there were considerable assets in this estate. Final order made ; Mr Walker trustee. Be A. Bbxlemin. Mr Slater applied for the final order. Only two creditors were present. Mr Graham stated that as yet he had not been able to get in any of the assets. Mr Slater stated that the creditors had recommended the dischirge of the debtor. Final order granted. Relief suspended for cix months. Be B. Exxis. Mr Cottrell applied for the final order. Mr Graham stated that there were sufficient asiets to pay' 63 8d in the £. Final order made, and Mr Graham waa appointed trustee. Be J. Lonsiby. Mr Macfarlan applied for the final order. Mr Graham stated that the assets consisted of a leaeehold, which he conceived would pay more than 6s 8d in the £ on the debts proved. The application was granted. Be W. Brooks. Mr Slater appeared for the debtor, and Mr Cottrell for a creditor. Ordered to be placed at the bottom of the list. Be E. Bet/nsdek. Mr Joynt applied for the final order. Mr G. Walker stated that the estate wae a pretty good one, and he mpposed that it would realise 6s 8d in the £. Final order made ; Mr Walker appointed trustee. . Be E. Gbokgb. -Mr Slater applied for the final order. A meeting of creditors had been cailed, and the immediate release of the debtor recommended. Mr Graham stated that the whole of the property had been made over to trustees, and that he could not- get hold of any of it. There were circumstances which pointed to the suspicion that a quantity of goods had been made away with. He objected to act as trustee in the estate. His Honour made the final order, but suspended relief for six months 5 no trustee as there wus no estate. Be J. S. Tttenbt/li.. Mr J. S. Williams applied for the final order. Mr Walker stated that the estate would pay 6s Bdm the£. Final order made ; Mr Walker appointed trurtee. Be W. J. Walteb. Mr Slater, for Mr W. Williams, applied for the final order. Mr Walker said that the estate would pay 6* 8d in the £. Final order ; Mr Walker trustee. Be E. Bcbneli.. Mr Cowlishaw stated that Mr Wilson had refused to act as trustee, and he asked that Mr Walker should be appointed. The final order had been granted at the last meeting. The application was granted.

Be W. Beookb. J On this case being recalled, Mr Slater | stated that the objections made against his client were of a threefold character : —lst.' That the debtor had, with intent to conceal the real state of his affairs, kept back certain bonfcs. 2. Th;it he had contracted debts without any reasonable or probable expectation of paying them. 3. That the debtor was enil.lv of fraud or misconduct in referenre to the management and disposition of his estate. Mr Coitrell said that seron months before filing his petition the insolvent knew that he was in an insolvent position, and that although having very large moneyed transactions, he ha i never accounted for any money received during the whole of that time. Air Cottrdl then reviewed the evidence given by the debtor in Chambers, which he considered fully proved the objections he had raised iigainst the final relii'f bring given to the debtor. Mr Slater contended that his learned friend had totally failed to make out his case. His client had, as well as many other farmers, been totally ruined by the small price of agricultural produce during the past year., Mr Graham stated that the estate would not pay 6s 8d in the £. Mr Slater said that the necessary consent of the creditors had been obtained to entitle him to final relief. His Honour said that he did not consider that Mr Cottrell had made out hie case. There was no proof positive of fraud, and the Court could not impute it by refusing to give final relief. Final order made; Mr Graham to be trustee. The Court then adjourned until the 18th of December.