SUPREME COURT.

Press, Volume XXVI, Issue 3576, 23 December 1876, Page 5 (Supplement)

SUPREME COURT.

7.". ■-- - - "-' ;:;: »-:-- f ,- £> V SI-TIHaSJ--LaH-yiRBBB. ;f ' YF-UDAY, DECEMBER 23. -' ' £ (Before bis Honor Mr Justice Johnston). .' -Hui Honor sat in Chambers nt 11 a.m. j V' . ' DBAS-FIELD V CBEYICE. . In this case Mr Joynt applied for an order ! : entering judgment by, default herein, and fixing time of asseesment of damages by a. \ - Jury. -■— His Honor made the order, entering up judgment, and "fixing Tuesday, January 9th, for trial by special jury to assess damages. . - BE THOMAS B.ULLIVANT. Mr Wytraf Williams applied for an order on .* ." behalf of the trustees to examine the debtor. The tiusteea felt that they could only get the information, from the debtor which they required by bringing him before the Court. * The bankrupt had had dealings with one 1 Georga Beatty, who refused to give the trustees any information as. to the said dealings His Honor said that he. did not feel justified in making a precedent of this case at so early a period of the working of the Act, - unless strong reasons were shown. The proper course would be for the trustees to gummon the debtor before them, and then, if he proved recalcitrant, they might apply and have the debtor brought up before the Court. Mr Wynn Williams pointed out that the affidavit of the trustees Was to the effect that they could not get the information they required by summoning him before themselves. His Honor said that until they had resorted to the power vested in them by the Act, and the debtor refused to come, he did —sot think be was justified in putting in force - . the-section of the Act bringing the ma- ~ chinery of the Supreme Oourt into motion. Mr Williafns said the trustees would have .. to go through the farce cf summoning the debtor, who would simply " cheek" them, and the trustees wonld then have to come to l the Court. He had no doubt that the bankx jrupt would be there, but nothing would come .... 'of the meeting. His Honor said that the affidavit was somewhat loose to found a precedent upon I-q-? rln the way asked for by Mr Williams. He ' "** u laid not tike to refuse the application, but it seemed to him that the trustees gave no very good grounds for coming to tbe Court. Jhe Act said, in effect " Come to the Court Bl*i.-H«t--'. as possible," and there was no use * in coming to it on every little matter. The trustees had power to bring the debtor before them and examine him, and to refuse to give evidence was a penal offence. '4.1 JMr Williams thought it das optional with the trustees to nae the power conferred upon them by-lauae 167, or to come to the Court direct uuder clause 173. Hs Hor or thought not; He wis of opinion that the coming to the Cturt was after Ihe exercise of the powers given to the creditors in clause 167. He thought ordinarily ihe r'ght course would be to have the bankrupt up under warrant before the Court, after refusal to answer the questions put to him by the trustees at their examination. Order made that examination take place before the Court on Friday, January Sth, summons to issue returnable on that date. BE WILL OF BOBEBT COLS, DECEASED On the application of Mr Wynn Williams, . - probate in this case was granted to F. 0. P. . Leach, as the executor named. The Court then rose.