SUPREME COOURT.-Wednesday. SITTING IN BANKRUPTCY. (Before his Honor Chief Justice Sir G. A Arney.)

Daily Southern Cross, Volume XXV, Issue 3635, 13 March 1869, Page 7

SUPREME COOURT.-Wednesday. SITTING IN BANKRUPTCY. (Before his Honor Chief Justice Sir G. A Arney.)

IN RE THOMAS 'JHWAI r^S This matter was before the Coutt on two previous occasions, on both of which the bankrupt's further examination waa adjourned for the production of rertain books and accounts. On the last adjournment the bankru, t's solicitor (>iomr»ed that he would endeavour to put the bankuipt'a I ooka into BUch a condition as to be dearly und^istood. and also furnish accounts in explanation of the figures iu the books produced. Mr. Ktetley again appeared f >r the bankmpfc ; and Mr, Whitaker {or the New Zeuliml Insurance Company, and Mr. J. B. Uusseil for Mr. Minefield, to oppose. Mr. Russell said that no accounts had been furnished to place the matter iu a clearer light than it was on the last occasion. His Honor remarked that the time of the Court could not be tak. n U|» iu rendering legible the accounts of the bankrupt. At present he (his Honor) certunly did not cmsicfar hirns- If justified in giving the bankrupt his discharge. la fact, he felt very strongly on the matter, that soveial of his transactions came witiiin the penal sections of the Bank- ] ruptcy Act, and he could not help thiuking that the eßtate had so be^u dealt with by him for the immediate and almost sole benefit of »ue of his citditois, , an! that creditor his own biofcher. The cibo was altogether a very serious one, and the way the accounts had been kept wa« 7 to say the least of it, so bad fcbai. he teconim.' nd td the baukrupfc to pursue a very differeut course from that which h« was now taking. Hia Honor then referred tj the case in detail. ! Mr. Keetley said it seemed to him that the books had been racy well kept I His Honor said the transactions with Burnett and with the bankrupt's brother were by no me<vns cle«r. If, however, Mr. Keetley was prepared to go on then they would do so. Mr. J. B. Russell aaid he did not aee that they could do much by going on with the case* they would be no forwarder than th^-y wire at present. He njiSjht also state that oue of the items in the bankrupt's books had been altered since last f-itting-day. His Honor also Hnid that he bad noticed veiy reckless swearing on tho part oE th« difoudant iu reference to the disposal of the propeity. At all events, it was not for the Court to make up accounts for the bankiupt. An ace mutant could clas-ity the accounts and make out a balance-sheet in a a ay, or even in half a day. The baikrupt put the opposing creditors to considerable expense by the^e repeated adjournments aud altogether the case was anything but a straightforward one. Mr. Keetley said he did notthmk they would be able to get the accounts adjusted by the 18th, which •was the last sitting-day of the present term before the vacation. However, he would ask for an adjournment till that day, and see what could be cone. Mr. J. U. Russell asked the Court to make an order for the payment of the cosfc3 of the adjournment by the bankrupt. The Conrt said it bad no power to award the coats of adjournment, but it might withhold the certificate till he paid them. The case would, however, now be adjourned on the distinct understanding that the accounts were properly prepared to be laid before fche Bench. If by next hitting-day no ptoper accounts were produced, his present opinion would become confirmed, and that was that the bankrupt had omitted to keep acconnt-booka with the iutent to conceal the state of his affairs. The <a«e was then adjourned till next sitting-day, the 18th inst.

SITTING INT BANCO. (Bdoro hh Honor Chief Justice Sir G. A. Aenbt,) THE LATE MB. CHARLES HOLT, Mr. Whiuker made application for probate in the estate of the above deceased. Application granted. THE LATE |MR. JAMES ALLEN. Thin wa« an application made by Mr. Charles Ring, through his counsel, Mr, Whitakw, for letters

of administration to be granted to tha widow of the late Mr. James Allen, of the North Bhore. The learned gentleman Btated that there wai ft pecu. liarity in the present application, inaamuob as it was the rule for the adminißtrators in the estates, of deceased persons to make their declaration and affidavit before the Registrar at the Supreme Court. Now this Mrs- Allen was entirely unable to do, she, being an invalid confined to her residence^ at the j North Shore, and in consequence Mr. Ring, her brother-in-law, applied on her behalf for letters of administration. After some discussion on the point, His Honor <iaid he thought it would not be right to withhold the letters under the circumstances, and he therefore granted the. application.

IN BE JOHN LAMB V. D. J. O KEEFFE. Mr. Whitaker made an application to the Court on behalf of JohnfLamb, of the Waitemata Flour Mills, Riverbead, who applied for an ex p»rte injunction to restrain one Daniel Joseph O'Keeffe, of Shortland, j from Belling or parting with the lease of certain landed property at the 'Thames, to wib, two shares or two-tenths of a portion of land on the Karaka block leased to the said D 3. O'Keeffe for mining purposes. It appears that the lease was granted to the ltßhee by tbe Government, on behalf of her Majesty the Queen, in the latter part of last year, for gold-miniug purposes, and that subsequently an agreement was entered into between Mr. L»mb and Mr. O'Keeffe that the latter Bhouldsellto the former two shares, ,or equivalent to twoteoths of,the whole, for a sum of £200. Of this sum £2 was paid as a deposit at "the time, and a further sum of £98 was paid in February, the balance of £100 to be paid in two or three months. Subsequently, however, Mr. O'Keeffe informed the applicant that the two shares weie about to be sold by him to one Michael flannaford( ofcwithstanding|the former agreement between the parties), and therefore, uuder these circumstances, the application was made to restrain O'Keeffe from selling or assigning the land in dispute to any party uotil a Buit had been brought by the applicant, and the matter had been decided by a Court of law. Applicant argued that he had always been ready and willing to carry out the part of his agreement,and was eveu now prepared to do so. After some discussion on the Bubject, His Honor granted the application. This concluded the businees.