SITTINGS IN BANKRUPTCY.

Press, Volume LI, Issue 8718, 14 February 1894, Page 2

SITTINGS IN BANKRUPTCY.

Ttrßsi>AT t February 13. (Before his Honour Mr Justice Donnieton.) His Honour eat in Bankruptcy at 11 a.m. KB HENKT OKA*. On the application of Mr Bruges for Mr Wilding, this matter, which wae an application for discharge, stood over pending the filing of an affidavit. RE TIIOMAB BROWN. Mr Joynt applied herein for an order to eet aside a mortgage given by the bankrupt to his brother. Mr Maude, who appe%red for the bankrupt, said he would consent to the order being made. His Honour made the order as prayed, with £3 3s costs and disbursements. On ~£ti.e a.j>j>li<=stlixc»ix o C Sir Joynt. ilr in this case. RE THOMAS SPEED SIBBALD. On the application of Mr Bruges, hia I Honour fixed the usual day for application for fixing date of discharge. SB T. W. MAUDE, O. HAttPEB ASD l>. HARPER. Mr Bruges applied herein, under section 12 of the Bankrupty Act of 1892, for an order for the sale and realisation of the assets. Mr Stringer, for the Official Assignee, did not oppose. An agreement to mortgage had been given, so far as could be Been, and therefore the agreement could not be impeached. His Honour said that the Official Assignee nob opposing the order it became a question of procedure. Mr Stringer said that the Official Assignee represented a large body of creditors out of the colony. If they felt inclined to indemnify the Official Assignee, then. he might J take steps to impeach the agreement. But; ;he did not feel inclined to do so on his own responsibility. But what tho Official Assignee wanted to do now was in submitting to the decree of the Court not to prejudice his taking any course he might be advised. His Honour said that he did noi care to have the responsibility shifted on to him. Either the order, which was in the form of an action, waa opposed or it waa not. Mr Stringer said he did not oppose. His Honour then said it was a question of procedure, as the practice was a new one. His Honour said the decision of the Chief Justice in re Rickman went tho length of laying it down that the Court could deal with , a case such as this as an application to compel the bankrupts to execute a mortgage under the agreement to mortgage. The case of Rickman was, therefore, an authority for the make the order as prayed. As regarding whether the order was an estoppel as against the Official Assignee be said nothing. The order would be tor the sale to be carried oat by the Registrar under the order of the Court. 881. W. MAUDE. Mr Stringer applied herein for the costs of the Official Assignee herein. He wished to bring before hia Honour the fact that the costs were incurred in connection with the joint estate, but that applications had to be made to the Court under three separate estates. He desired to ask his Honour whether orders in future could not be made as in a joint estate. His Honor said he thought, that in applications referring to matters which need not give rise to litigation, a general order might! Be made.'He would make the order as prayed, thebills to lac taxed. BE GEORGE HARPES AND LEONARD HARPER, On the application of Mr Stringer, hie Honour made a similar order herein. -• , The Court then rose.. , , ■