SUPREME COURT.—Saturday. SITTING IN INSOLVENCY. [Before Chief Justice Sir G. A. Arney.]

Daily Southern Cross, Volume XXII, Issue 2711, 26 March 1866, Page 6

SUPREME COURT.— Saturday. SITTING IN INSOLVENCY. [Before Chief Justice Sir G. A. Arney.]

BE FELIX SBYMOTJS. This case was also adjourned till next sitting day, on the application of Mr. Keetley, who appeared for the insolvent. The Court adjourned at 6 o'clock.

The Court met toWay atf eleven o clock, when the following cases were disposed of : — BE JAMBS DOBAN. In this case, which was adjourned from a former day, Mr. Macdonald appeared for the insolvent, and asked thatJke might be finally discharged. Mr. Macdonald stated that an assignment had beeu made, and a meeting of creditors called, at which no one attended. Mr. Wesfcon who appeared for the sequestra tor, Mr. Vernon, stated that he had uo objection to offer. _ An order was made for the final discharge ot the bankrupt. Mr. Weston r »ald that, under the new Act, an assignment would seem not to be necessary when a vesting order had been issued. The only point 'would be when the order was taken for a limited period. ! His Honor observed that that would geem to be the object of the Legislature. Apparently it was wished to save the estates the expense of the assignment. BE OLIYBB O. GBANT. Mr. Macdonald appeared for the insolvent, and asked for his discharge. • , .. As Mr. Weston, who appeared for the" trustee, stated that he did not oppose, the discharge waa granted. BE EDWABD KINLOCH AND WALTEB PEMBERTON 1 FOOKES. Mr. Kenny appeared for the* insolvents, and asked for a further adjournment, as the -requisite number of signatures had not been obtained to the deed of- arrangement. Mr. Weston appeared for the sequestrator, Mr. Vernori, and stated he would not oppose. Adjourned till next Bitting day, with protection in the meanwhile. ( - XE PETBB 8TOBBIBB MCKEWZIE.. Mr. J. Russell appeared for the insolvent, and Mr. Weston for the trustee. Mr. Russell asked for the final discharge of the insolvent. ' - - Mr. Weston opposed, in order that the trustee* might obtain the necessary information from. Wellington, where a great. part of the estate was. There would be no objection to protection being granted. Adjourned till next sitting day, with protection in the meanwhile. ' : ' IN BB BOGEB BABBY. Mr. Zeetl'ey appeared for the insolvent, and asked for a final discharge, which was granted. BE JAMES CHAPMAN. Mr. Beveridge; for the insolvent, stated that all the creditors wished that the sequestration should be superseded. They were quite satisfied that the estate would pay 20s. in the pound. His Honor said he did not see how the estate could be' taken out of the hands of the sequestratbr, 'Mr. Vernon, without payment of the fee« required by law. It must be taken out of his hands by order from the Court.' There ought to be a provision in the Act for such cases, so that estates might be taken out of the sequestrator's hands on payment of all his fair expenses. He would ascertain what would be the common action of all the judges on this point, but his own opinion was that he had no power to> dispense with the fees. - - ; \ ; , a , Mr. Wynn, for the sequestrator, said then he would ask that security be given for payment of the full fees, if it was found that they must be levied. The sequestrator must secure himself again9t any proceedings taken' by the- inspector. Then there was another difficulty,, for supposing the estate realised more' than the liabilities, upon what was the 18 per cent, to be levied P' His Honor* said it seemed so hard that a debtor could nob take the estate out of the Court to administer it, that he was prepared to make an order. The case was adjourned, with an order that the fees be made payable upon the amount of the liabilities: ' BE CHBISTOFHEB BULLBN SMITH. Mr. Keetley ' appeared for the insolvent, and -asked for his final discharge. Mr. Weston, for the sequestrator, made no opposition. Mr. Beveridge said he appeared for a creditor who was at present in Sydney. He did not oppose the insolvent, but he wished to file an affidavit to prove the debt. On examination it was found that the name of the creditor did not appear in the schedule. A final discharge was granted. BE CHABLKS JOSLIN.

BE WILLIAM LEAST. Mr. Carey, for the petitioner, asked that conconsideration of the case might be postponed till next sitting day, which was granted.

Mr. Western appeared for the insolvent, and also for the trustee, and asked leave to make an alterationon the schedule, which was granted; and further, that the insolvent might be finally discharged. A deed of assignment had been made in favour of Mr. Vernon, who offered no opposition. The application was granted.

BE JUSTIN DONIHEE. Mr. Beveridge appeared for the insolvent, and agked for final discharge. There being no opposition on behalf of the trustee, discharge ■vras granted accordingly.

EB VALENTINE BIAGBOVE. Mr. Weston appeared fdr the insolvent, and asked for his discharge.- The trustees not offering any opposition, the Gburfc granted the application. ' - '■

BE BIOHABD'TAXLOB. Mr. Keefcley appearfedfor the insolvent ; Mr. Beveridge for Alexander Brothers ; Mr. Wesfcon for certain other creditors ; and Mr. Wynn for the sequestrator. Mr, JKIeetley asiced for the insolvent's discharge. . Mr. Wynn opposed the application, and said that he would ask that the Court Bhould withdraw protection. During the time that 'the' sequestrator had been absent in Taranakii'ihe baukrnpt' had, with the improper connivance of his mother, endeavoured to dispose of the estate, so as to prevent its benefioinl division among his creditors. Mrs. Price, insolvent's mother, was called by Mr. Beveridge, and deposed : I held a mortgage over parb of insolvent's property, to the amount of £1,500. It extended over property in Wellealey-street, Kelson-street, Albertstreet, Elliott-street, and Queen-sfireet. I believe that was all his property. The mortgage was executed on the 9th of August last. I did not advance the money to him then. About the time I gob the' mortgage my son had a small turn from me, in addition to what he had before. The sum was eight or fen pounds, and was given a fewdays before he got the mortgage. He gave me the mortgage because he was indebted to me. The £8 or £10 was a gift. Mr. Hughes, solicitor, wrote the mortgage. I go', a notice to produce the mortgage, but I have sold the properly. I can't say whether I gave him any sums besides the £8 or 10 within, three months before I got the mortgage. I have no books or documents to show when I gave the money. I Tcneur, the * sum my son was indebted to me, and- .when the mortgage s deed was made iT^des.troyed the notes I had from him. I don't know" -whether X had two noted. I don't know the datesTc? them. I believe the property was sold on the 13th of this month. I ordered the property to be sold, by the advice of Mr. Hughes. I did not aolicitor. I can't say how

Mr. TJpham, my son-in-law. I used to collect the rents, and give them to my son. Mr. TTpham collected last week's rent, and I went with him to show him the houses. I collected some of the rents in his presence. All the rents were given to me, and I gave them to him. Mr.TJphara gave the tenants the receipts. I don't know ■what was paid, 'lhe- £900 was paid to me in Mr. Hughes's ' office, by my son-in-law. I did not give him any of the £900, nor lend him any of it. I don't know where he got the money. I don't know what bank the notes came from. I keep no account with any bank in Auckland. I will not tell you what I did with the money. I have the money in the house. It has not been in the house since the sale. By Mr. Wynn : I did not put any reserve price upon the property. I did not know my son-in-law was going to buy it. I knew nothing about it till after the sale. My son-in-law is a | clerk in the Bank of New Zealand. I was not surprised to find him in possession of £900. I signed the deed of conveyance to Mr. Upham. When i gave the instructions to sell the property I knew that my son was a petitioner in this Court as an insolvent. I was aware that all my son's estate had been assigned to Mr. Vernon by order of this Court. My aon hour owes me the remainder of the sum, namely, £600. The land I sold my son in Wellesley and Nelson-streets was to be £500, with interest, 12£.per cent. ; £150 I advanced when he was building in Queen-street, about twelve months ago; £150 when he was building m 1 Elliott-street. I was not advised to sell, the property in the absen«e of Mr. Vernon at Taranaki. I was not aware that Mr. Keetley, my son's solicitor, strongly advised that the property should not be sold. The insolvent was then- examined by Mr. Weston, and deposed : With ,the exception of Mr. Knox and Mrs. Price, the whole of my creditors are in that schedule. I don t know whether Brookfield and Cox are creditors. His Honor observed that he thought the inquiry into how this property had been dealt with entirely -proper. . By Mr. Wynn: I was owing Mrs. Price £1,500 or £1,600. If she sold it, and only got £900, 1 consider she has no claim upon me. I paid the Sash and Door Company £500 in August. I was present at the sale of the property, but I had no conversation with my brother-in-law about his buying the property. Mr. Zeetley did not advise me not to sell the property. I had no conversation with him about the matter. I dont know that Mr. Upham borrowed the money. I have no reason to believe, that my mother lent Mr. tfpham the money. Mr. Wynn applied that the case be adjourned, that further evidence might be brought as to this transaction. He was instructed that the property was worth £4,000. He would be willing that protection should be continued. His Honor declined to grant the application for discharge, and adjourned the case till next sitting day ; and ordered the schedule to be amended by th& bankrupt.

Itf BE ALLAN MCISAAC. Mr. Keetley appeared for the insolvent ; Mr. We3ton for the sequestrator ; and Mr. Beveridge for Mr. R. Home. Insolvent, examined by Mr. Bevendge, deposed: My debts amount to over £678, incurred within the last year. I have no assets. I took a contract from Mr. King to cut timber and take it to the mill. I was to be paid 29. 3d. per hundred. I sent down about 300,000 feet to the mill. I was in debt to Mr. Ring. All the accounts in my schedule were incurred on the contract. I was in debt £3.0. to . King, £30 to Hall, and £20 to McPhee when I 'commenced the contract about June last. I have got~£350 for what cost me £850, besides my own work. I am still owing Mr. Ring ' £l4o: • - j The case was adjourned till next sitting day, particulars to be furnished as to the account with Ring and Co,

BE JAMES AKDEBSON. Mr. Keetley for the insolvent ; Mr. Macdonald for Mr. Jones and Messrs. Bucholz, creditors,; Mr. Weston for tlie sequestrator. Mr. Macdonald asked for an adjournment, on the ground that something had lately come to the knowledge of his clients that the bankrupt had been guilty of fraudulent disposal of his propertyt He wished time to inquire into the matter, — Insolvent deposed*: I know Mr. Ashton, sen., and hare had dealings with him. He does not appear in my schedule. He got a mortgage on my property in Queen-street. The case was adjourned for an amended schedule.

BE GEOBGE HODGE. Mr. Wynn and Mr. Keetley appeared for the insolvent ; Mr. Bereridge for Mr. D. Hutchison ; and Mr. Weston for the trustee. Insolvent, examined by Mr. Beveridge, deposed : I was commission and shipping agent, and hotel-keeper and shipowner, i began as a storekeeper about four or five years ago. I could not say how much capital I had when I began. I opened an hotel last July. I cannot tell how much money I then had. I kept book's, which are in my office in Onehunga. , It was agreed that the case should be postponed, so that the bankrupt could furnish accounts, protection to be extended. i

BE I". W. BUCK. | Mr. Keetley Btated that the protection granted to Captain Kuek had expired on the 16th of March. His Honor* said there was a deed of arrangement, under which monthly payments were to be made. Protection was granted till further order of the Court.

BE HENEY HAWfcE 'WEIGHT. This case came up for a first hearing—Mr. Macdonald for the insolvent. It was adjourned in order that proper notices might be served on the creditors.