SUPREME COURT.

Evening Star, Volume IX, Issue 2727, 13 November 1871, Page 2

SUPREME COURT.

IN BANKRUPTCY. This Day. (Before His Honor Mr Justice Chapman.) 1 MISCELLANEOUS. Final orders were granted to William 1 Breading and Edmund Reeves. The matter of E. A. Julius was postponed pending the 1 receipt of the trustee’s report. In the cases of Miller and Co., F. H. Evans, and Isaac Buckley, the appointment of Mr Leary as trustee was confirmed—the 27th inst. being appointed for the bankrupts’ last examination. In the matter of William Fuller, a ' further extension of time was granted. OPPOSED CASES. Re J.|T, Chaplin, —This was an application for a further extension of time in which to apply for the complete execution of a deed of arrangement. Mr Macassey opposed the application, contending that sec- ’ tion 266 of the Act provided that the aplication should be made within three months of the filing of the deed, which occurred on April 23; and that by section 267 i declaration of complete execution must be made within six months from that time. In support of this view the case of in re Power, ; Ghaucrr> Appeals, 1865-6, was cited. In this cast: it was held that the Lord Chancellor had no power to direct a trust deed tp he registi-rcl under the Bankruptcy Act of • 1861 if more than twenty- ight days had elapsed since its execution, although the deed might have been left with the registrar

and an application for registration made to the commissioner in bankruptcy within < the 28 days. On the other hand, Mr ' Smith, who’appeared to support the application, argued that the first part of section 272 i actually admitted of the application ; but his Honor held differently, and refused to grant it. At a subsequent stage of the proceedings, Mr Smith asked if after the refusal to grant the application, the deed would be considered an act of bankruptcy ; but his Honor was understood to say that he was not called upon to decide that point Re Thomas Farrell : The bankrupt, examined by Mr Harris, said that he commenced business in Dunedin about three years ago as a hotelkeeper, with a capital of about L6O. He admitted having betn employed by Wilson and Birch for three years at a salary of L2 a week or 8s a day when on day work, taking out his earnings in beer, but he thought they amounted altogether to about L6O. In July last, on reckoning up with his landlord he found he was indebted to him in the sum of L 45 for rent; previous to that he thought the balance was the other way. About a month before his insolvency and when he knew be was insolvent circumstances, he went to Keats and Co., brewers, and obtained goods to the amount of Ll2 odd (this being his first transaction with them), and promised to pay for them at the end of the month. He did not do so, however, filing his declaration of insolvency when Keats summoned him. For some time he possessed a horse and express waggon, which a few days before his insolvency, was seized by the landlord and sold, it realising L 39. Mr Wilson, of Wilson and Birch, on being examined, said the bankrupt must have earned considerably over LIOO during the turn he was in their employ, and one of the firm of Keats and Co. said, on i demanding payment of their account they i were treated with defiance. His Honor suspended the bankrupt’s discharge for three months, L