TIMARU DISTRICT COURT.

Press, Volume XLV, Issue 6964, 18 January 1888, Page 5

TIMARU DISTRICT COURT.

[By Tkt.kora.ph.] [from oca co__v__po_.dbnt.] TIMARU, January 17. Judge Broad held a sitting of the District Court to-day. Ia bankruptcy C. H. Beid, of Tenai___v waa examined afr. length aa to his bankruptcy, and at the conclusion Mr White asked that the Court should exercise summary power under clause 171. The bankrupt had kept no books, and yet he was not ignorant and unable to do so. He incurred debts to about .£SOO. He had never taken stock, bnt went on trading and incurring debt up to the time he filed. He had also been in the habit of going to races, and gambling with his creditors' money. His Honor could not see hia way clear to send debtor to prison. Lately he had adopted a system (where he thought it necessary) not to allow a discharge unless the debtor agreed to pay his creditors so much in the £. In the meantime he would declare the bankruptcy closed, and deal with the other matter when the bankrupt came up for hia discharge. The matter of costswould be taken at the same time. The Deputy Official Assignee in the estate of Thomas Farrell applied to compel B. R. Taylor to pay the sum of £93 odd to the Deputy Official Assignee for the benefit of the creditors. Mr Hay appeared for the Deputy Official Assignee. Mr White, who appeared for Taylor, submitted that the Deputy Official Assignee had no status; the only person who could take proceedings was the Official Assignee himself. His Honor ruled that the Deputy Official Assignee had no power to take proceedings against any one for th© recovery of property which should vest in the Official Assignee, and even the Official Assignee cannot depute the deputy to take such procredings. The case must be dismissed j and if it is necessary, fresh proceedings could be taken, or an appeal made to the higher court. On the application of Mr Lynch, George Haigh was allowed £84, and Thomas Lodge .£137 4a against the Timaru Woollen Factory Company, Limited, in liquidation, for breach, of agreement by said Company. On the motion of Mr Eaymond, his Honor made an order that the list of creditors now before the Court be the final list against the Company.