LAW REPORTS.

Dominion, Volume 2, Issue 491, 26 April 1909, Page 9

LAW REPORTS.

SUPREME COURT. j^4-5.:^i r'j ~r•":;;7 ;>31.;-;'>.' •,, lie ( \ \ '1H BANKRUPTCY. w! W* ; ;!;."■ "?•>',i : . a<- ;■' in V --.t'-v:-'': ™.---'i " at I , AFFAIRS OF A SOLICITOR. - pl ■ ■■■■■!■ : -.vßitting: in Bankruptcy:on Saturday, Mr. te >.■■■:■■■!;, Bustico Caopor heard ovideneo and argument ®j II .to * petitipn brought by tho, Wellington .■ [; Timber Company; to-have; Wtlliam George ■■ ; ■■■■: v Samervillo, solicitor, Wellington, adjudicated w a bnnhiupt. ai ■ : 'Mr. Fair 'appaared on bohalf of tho peti- ni -a . ,Honing creditor, ; nnd -Mr. Beere . for .-the tl ■ i • .debtor, -It was alleged in the petition that u< 'M-dobtor-'-wns' indebted --to the company in the j> :.| . : sum of £253 17s. Bd., being tho total amount " ■■.■■ ■■■ - of' two judgments: obtained against him at r( ; - . .Wellington'' on* October, S . and October 20 .jj i .Inst. .--Tboro; w«s. a .further allegation that 0 , i | . debtor had- committed an available act of v. i bankruptcy-» 8 follows: execution was issued w ■ I :i -by;' warrant oK distress on , October 23, and lc : ! u a return of nulla bona was made on Octobor tl " • Jamoii Davidson Harper, - manager of ,the ■: company, stated in evidence that-debtor was v : , now indebted to: tho eamj)»ny to. the extent r* ofv£sl9, several bills having since matured. t ; ij'rom tho; date -when tlio petition was- pre- ri !■ . . sented, debtor had paid ott '£50 only.' The y - company- had agreed to accept ,ss, in the-£, ,\v • but debtor had failed to -keep his-engage- si ments. , • _ . ; Mr. Beere; When : you received the £50 P j,;; ! ' you, threatened to go on the petition if further payment were not made P-rYes. e ::. :e:.His Honour: There was no agreement to j, withdraw tho petition. a b Mr. Boere: Ido not suggest;that at all a - . Mr. Beere: Did debtor submit certain se-. w •. !curlties to youV—"Yes, personally." a w- i' . v ..' : \Vere they 'good securitiesf—'We did not ,f 1 think so. • , The next .witness:- was'- Henry. Gordon, p - LailUir,.. who stated' that: ho remembered a n , judgment being obtained :by W. ,D. Giesen ■. i agimst debtor. * , His flonour: What is this for? • ; Mr.: Fair: , I intend to prove an act of ti bankruptcy on that summons. j . : e ■:■■■■ ;• s His Honour: Have you authority for that ? t. You havo- to ' prove an act. of bankruptcy 0 alleged in tho petition. J Mr. Fair (to witness): • What happened " : v/hen youvwbnt to execute;the distress war- j • • j .rant: issued against debtor at the instance j] . ofV'-.the ■. petitioning; company ?—I • reported (] , ,that. I. could .not' find,any effects whioh, on n i salo, would; pay itlio amount of the warrant, fi Warrants of distress havo been issued in' S ". other actions! I —Yes. • • :• P , * : . 'Upon;-witness' being asked to protliico one " • N0.'4723 formal objection was taken: by. Mr. ? Boere. J .-i His Honour: If you allege an act of bank- j - ruptcy founded on/returns on distress war- B • wants in suits to : which the company was t not! a party, debtor.: is eniitled to have r notice. ft ISvidence was also given by Arthur-Harry C • Holmes, Clerk of tho Magistrate's Court, t ■ Mr.v Beere contended that the petition had ' Jjeen used to extract money from him con- j • ; tor the provieioas/of ! the : Bankruptcy j ... 'A.ct. Debtor, was therefore entitled to the a ;:\" r: j . wlibli were of a!tec'iiijca]-nature, wore also ] raised on behalf ,of debtor, ' His Houour referrod to .the delay tur L o i : bad- occurred in having the' petition' h»ard. I ■ J.'he petition. jiad, :he said, been, presented 1 ii' November.' ■ : . Mr.;Fair,:iAll,tlie'adjournnients were made 1 , at^the- request! of debtor.. - " ' ■ ... : . Subsetiuently Mr. Bceiu asked that deutor , • , should be allowed to file his schedule-if ins c Honour decided that the pet.'Uon should be granted. - : ; Fair. urged that the bankruptcy should date back to the . date when - the petition wbb prosonted. < His Honour: Surety not, Mr. Fair? During further discussion, hia Houour, rr- • v malkod that,: by oftoriiiK to ijgeopt fin.' Jp . the: £, tile company had pruitioally offered . ~ to make a present of i37S to dehtc , i t Mr Fuu pointed out that the compinv J3d ojjJy; ni!(de- applications f flr payment uurmg the past six uioftths. The company insisted only; On tho payment of a reasonable , . O/'- the.aflbunt due to it. ' AVlirn ... . tiebt-flf asked thai,consideration of the petition should ho adjourned, ho said that hp ~ would Soon •bein a position to ' satisfy all ■ his creditors in "full, His Honour resorved his decision. 1 ' magistrate's court. , (Before Mr, W. G.'Riddell, S.M.) DISCHARGED, BUT GAOLED AGAIN. -:K'A young,man named James Reid, who had ~,: ■ oi,ly. been .discharged from gaol, on Fri'lv; morning, was charged: (1) with liisolir ntv; . ' .(2) with wilfully damaging a cab window and. ~ ; door; and (3) with theft of a'bicycle valued »t,'£4j- the property of Joseph ■ Zachariah. Acoused pleaded: cuilty to tho hrst '.wo •.. charges,' and not guilty to,tho third .charge. :.Y // . Kyidenco was given that tho • bicyclo : ivas . taken, from outside Mr; Zachariah's shop in /Willis Street, and accused,was found in Cuoa ,:?.! Street with it in;his. possession. Accused ' was . under the influenceof linuor' when arrested. On tho way ;to tho polico station ': V -Kho did,damage to the cab hired by the police /i! .to :tho extent.of £3 10s. . Accused had previous convictions. against him for • thoit, ■. assault, andbreach of tho peace. On tho first chargo a oonviction and discharge-wero entored; on the second a lino 'of 40s. and . .order to pay for tho'daniago done(£3,los.y ■ were madoj the default being fixed at fourteen days' linprisonnieut. On the last charge ;' . ; accused was sentenced 'to ono month's imprisonment. < NEW ARRIVAL IN TROUBLE. . 'A young nian named Clifford Owen Huggins, who only arrived from England by thb Corinthic on-March 27, pleaded guilty to a charge of having,' on April 21,' stolen a gold . , watch; a lyatch guard, silver match-box, and , , o.goldiringjt.of a .total; value of £4 195., tho- .'. property of Henry. Some.*-" A statement madu ' byj.the police.showed that accused was living, ' , in. the same, boardinghouso as informant, who ' had placod tho articles stolen in' a chest or" , •■';-I: drawers. Accused was convicted and ordered ..' nt ; : to-'jepay the £2105.. he receival . for / the ; '•!?::. - articles. in dcfault Seyeii. days', 'imprisonment. BREACH OF THE PEACE. ' i An altercation qvor a of boer rcsulted in two men, Wm. Whiteside, alias John - \M'Nulty .and; John appearing on a - . o ''°?'B C behaving • in a disorderly nmnner wheroby a breach ot tbo neac© was occasioned. It .appeared that the two men were turned . out-of a hotel, and commenced to fight: on ; thos footpath. .' .Whiteside had ; 24, previous : \ ; convictions against: him,' but nothing . was ■ '-.knmvn against Farrelly. Both men were convicted and aned.2o3., in default seven days'' imprisonment. OTHER CASES. u : Maud Francis, pleaded not guilty :to a / charge of importuning,; and was convicted .. and , fined 405., in dctault sevon 'days' l -im> pnsonment. ; vi■ - y - '' lrß '' offenders for drunkenneos' wero i fined os, eachj , and- another,,: who did not' appear, was fined 10s. 1 , . - .