IN BANKRUPTCY.

Press, Volume XLIV, Issue 6850, 7 September 1887, Page 6

IN BANKRUPTCY.

His Honor sut in Bankruptcy at 11 a.m. i--ixi.ni; pay. The period for applying for discharge was fixed in the following:--Carl Schu|. theis (Mr Weston), .lames Martin (Mr Thomas), F. L. Davis (Mr Bamford), li. M. Warne (Mr NalderK J. W. Leigh (Mr Wilding). UK THUS. MKKSON. Mr Wilding applied herein that the debtor should be adjudicated a bankrupt, on the ground that he had left the , colony with intent to defeat and delay his creditors, and that the Oflieial Assignee should be appointed as Receiver, lie also applied that service of the order should h» made on his last known place of abode in substitution of personal service. Learned counsel stated in support of the application that the debtor had left Lyttelton for Melbourne, leaving his wife in charge of the stock-in-trade, &c. The debtor at this period owed large sums of money. After his departure the debtor's wife collected certain book debts, and also refused to make any arrangements with the creditors. His Honor made, the order as prayed, appointing the Ollicial Assignee an He. eeiver immediately, tho summons calling upon the debtor to show cause why ht should not be adjudicated a bankrupt, to be returnable on Thursday next, at 10.30 a.m. re w. nuririY. On the application of the Official Assitrnee his Honor made an order for public examination of the debtor on September 27th. UK HKDI.INOTON A. KNIOHT. The Official Assignee applied herein for the annulment of the bankruptcy on the ground that more had been paid for tho filing than the whole amount of the debts ovu'd.

Air Thomas explained that the father of the debtor had paid the amount; of the filing fee to get his son out of prison, but had refused to pay the amount of the debt, though this was a smaller sum than tb» fee paid for filing, advertising, &c. Hβ (Mr Thomas) understood that the father did not pay the creditor because he considered that his sou did not owe the amount.

His Honor said this raised a very Important question, viz., whether on a petition by a bankrupt himself, an annulment could take place, as it could not be said that any adjudication had taken place. It was the act of the bankrupt himself. Mr Latter said, the creditor wished the bankruptcy annnulled in order that he might proceed in the lower Court against the debtor. Jlis Honor would not make the order, DISCHARGES. Orders of discharge were made as under: Re Joseph Gaskin (Mr Russell), ThoniM Thompson (Mr Spackinan), Joseph Fopp (Mr Spackman), H. Prcntico (Mr Fisher), A. R. I).' Tosßwill (Mr Harper), James Carrington (Mr Harper). ' XX T. AND K. PAVITT. On the application of Mr Weston the proof of Mr Stead herein was allowed to be amended. XX W. 8. LAMH. In this ca«e, which wan for public examination, Mr Bruges applied for an adjournment until next sitting. His Honor made the order, adjourning the case until September 27th. The Court then rose. .