In the Supreme Court.

Daily Southern Cross, Volume I, Issue 34, 9 December 1843, Page 2

In the Supreme Court.

Alexander Shepherd, Treasurer and Receir, | General of the Colony of New Zealand,! behalf of Her Majesty the Queen v. Geon Cooper, Jonx Kelly of Auckland, New Zeak. Surveyor, maketh oath, and saith tthatt t the 28th day of September last, certain pr perties of the said George Cooper, comprist both real and personal properties, were p up for sale by public auction by Mr. \\i Hart, acting as agent for Mr. David Ndtk I at Auckland, and amongst them the dwelli: ' house and property mentioned in the pew in this matter, when this . deponent becar the . purchaser of the same for the sum two hundred and ten pounds sterling, i also of other properties ; the purchase-mot of the whole whereof, amounted to the s: of £271 10s. od., and that subsequently) the said sale, deponent paid to the said Dar Nathan a deposit of twenty per cent ont said sum of £271 10s. od., and the bald thereof by two promissory notes, pursuant the conditions of sale, and deponent & that said sale was made by the dirccti; of the said George Cooper, who on the i: day, caused a letter containing the conditii of the said sale to be handed to thes David Nathan, by Dudley Sinclair, and another letter directing the said David Jj than to pay the proceeds of such sale nj the Colonial Treasury, and deponent positi| ly saith, that the said auction was heldj and with the privity and concurrence of 1} Excellency the Officer administering t; Government, who fixed a reserve price \ £200 on the dwelling house and propel mentioned in the petition in this matter, deponent further saith, that to this dc| nent's knowledge, the said Officer adni tering the Government consented to the s sale on the express condition that the f ceeds thereof should be paid into the Color Treasury in liquidation of the debt due the said George Cooper to the Colos Government ; and deponent further s$ that from the rumours circulated in Atf land, and from his own knowledge, dej nent never] would have become a purely at such sale, unless -the same was ntf with the concurrence and privity afore^ and deponent further saith, that subseqw to the said sale,]the said Alexander Shephe-' the petitioner, called on this deponent tf a message (as he then stated) from \ Excellency the Officer administering t; Government, to know whether deposf would be willing to pay the balance of \ purchase monies, if the Government \ on the properties purchased by him ffov be withdrawn; and in reply thereto, &\ nent stated that he would take time to $ sider thereof, and that afterwards, this d ponent informed the said Alexander Sltf. herd that he would agree to the p_rop° 5 made by His Excellency through him> ®. the said Alexander Shepherd subsequent informed this deponent that His Excelled the Officer administering the Govern^ had consented thereto ; and deponent have immediately paid up the balance * by him, but that the said- George Coof

fused to sign the requisite conveyance ; I deponent lastly saith, that he never eived any notice of this application, nor a c o f the petition in this matter, and was h informed thereof by accident. y (Signed) John Kelly. votd before me -this 2nd day of December, 1843./ ■fened) Thomas Outhwaite, Solicitor, '" Thomas E. Conry, Attorney, for Mr. Kelly.