IN BANKRUPTCY.

Press, Volume XLIII, Issue 6546, 15 September 1886, Page 3

IN BANKRUPTCY.

[Before his Honor Mr Justice Johnston.] His Honor sat in bankruptcy at 11 a.m. DISC—ABO—3. Orders of discharge were granted in re Wm. Ogilvie (Mr Thomas) and Thomas Beavan (Mr Martin). COSTS. Orders for costs were made in the cases of Patrick Marra (Mr Bruges) and Wm. Johnson (Mr Bruges). BB O. W. ILL. In this case the debtor was to come up for public examination. At the last sitting of tbe Court an order wbb made that the debtor should file within three days of the date of the order a statement of his affairs. The debtor bad refused to do so, on the ground that he did not owe the sum upon which he had been adjudicated bankrupt, and intended to appeal against the order. Mrs Ell now appeared, and stated that her husband had gone to Wellington for advice.

His Honor asked Mr Latter if the debtor had filed the accounts which were necessary. Mr Latter said that tbe debtor bad not. Mrs Ell said her husband expected to return in time. His Honor pointed out that Mr Ell well knew that he stood ia contempt the last time he was before the Court, and that he was liable then and there to be imprisoned. An order was then made that within three days he should file a statement of his affairs, which simply meant tbat he had to state that he had no estate. This had not been done, and now the debtor had committed a fresh act of contempt by absenting himself. Mrs Ell asked his Honor to suspend any order until her husband's return. His Honor said he could not commit the debtor for contempt in hiß absence, but he had been guilty of gross contempt, and he must purge himself from this in some way or go to prison. The case then stood over.

BS ?~—•>* BKB3U-)B. This was a case in which an order waa sought to be obtained setting aside a conveyance. Mr Harper now applied for an adjournment for a week, owing to important witnesses coming forward. Mr Stringer, who appeared for Rev. L Zachariah, opposed the application. His Honor said the owe had better proceed.

This was an application on the part of the Official Assignee to act aside a conveyance herein made by the debtor to the Rev. I. Zaohariah. The case for the Official Assignee was that the debtor was in receipt of a monthly allowance from England through Messrs Wynn Williama and Deacon, and that from his extravagant habits the Rev. I. Zachariah took charge thereof on his account. Io 1885 the sum of —500 was remitted from England to the debtor, and in order to prevent the squandering by the debtor of the money a piece of land was purchased with the money and the Rev. I. Zachariah appointed as trustee thereof on the part of tho debtor ia March, 18S5. On July 21st the Rev. _Ir Zachariah relinquished his trust, and on the 28th July the deed of conveyance of the land purchased, with the .£SOO, was made by debtor to the Rev. I. Zachariah, the consideration being J8456 12s. This, it was alleged, was made up of .£3lO, money advanced by the Rev. Mr Zachariah to Bebrens, and £140 paid by the former en behalf of the latter. It was now sought, to set aside the deed of conveyance made by Behrens to the Rev. I. Ziohariah, and for a conveyance of the land to the Official Assignee, on the ground that at the time the conveyance was made to Rev. Mr Zachariah in his own name tho debtor was unable to pay his debts, and that it was made with a view to defeat and delay hia creditors.

Mr George Harper appeared for tho Official Assignee; Mr Stringer for tbe Rev. I. Zaohariah.

Mr Harper opened the case, and called evidenoe.