THE COURTS—TO-DAY.

Evening Star, Issue 5590, 7 February 1881, Page 2

THE COURTS—TO -DAY.

SUPREME COURT.-IN BANKRUPTOY. | (Before His Honor Mr Justice Williams,) j Unoitosed Orders.—Final orders of dis- , charge were granted ia the following 'jises, , there being no opposition :—Edward < Smith (Mr Buchanan for the debtor), Wil- , liam Fraser (Mr Stewart), Robert Huie (Mr j Hay), Georgs Brookman (Mr Brent for , debtor). At the request of Mr Macgregor j the application of Cnarlea ThTihw Mnrphy , was ordered to stand over 'or a week. , Opposed Motion.— Be Alexander Dan an, | Mr W. D. Stewart by Mr F*nn, of Inveroargill) appfaoi on behalf of the j debtor to apply for a final order cf dm- , charge } Mr F, R. Chapman, for the trußtee, { to examine the debtor. : Debtor (examined) deposed that he retided ( at Gore, farming a def rred pwment tection of 200 sore?." From twenty-five to thirty acres were ifl crop, mostly oa!;?. Since 'his bankruptcy he hid paid nothitfg to his creditors. He did not remain In partnership witn Miilar after he became bankrupt. Last spring he Valued the lapd at LOGO. At one time he considered it worth L 6 per awe—about two years ago. Tee land Is about ten miles from the mam lino at Gore. Mr Stewart did not ace the object of the ex&minatloD, as the land was proteotcd. His Hoßor : No doubt that is so, He is prsteofced until the oocditions are completed —until he fcec&m:s the purchaser. At the same time, supposing this (o be the state of things, Mr Stewart that the time for unking the purchase w<\e all but ripe, that die land was wor'th 11,200, and that the price for completing the purchase was L3OO —I rather think that would be material. I do think it might fairly be contended that ia such cases I should mspend the order of discharge until tho time had arrived for making tho purohato. •■ Debtor's examination resumed s Since the insolvency I think I have not incurred any farther debts. I owe a few pounds iu Invrrcarail! now. I cmld not say how much I owe beyond the dwbts put in the sobedule I fikd. t think I owe the Inverfcargill orcditors about £SO. I have not br.ught any stock. I borrowed a plough. I have not one of my own. I have made no arrangement to mortgage tha land when I get the freehold. My ebjoot hto get a clearance to enable me to sell my crops and pay my ml t. I have made no estimate of the valuo of the orop—it mav be worth L3O or L4O. I have paid over L7O out of the L3OO I agreed to pay for tho land. No one has offered to advance the money to enable m« to purchase the land. Some sections in the neighborhood of my holding were sold rtcmtly—one realising 353 por acre. I would not like to take less j than L 3 for my section. It is worth tO an acre. . Exammed by Mr Stewart, the debtor Bald that he had received n'otice of the intention of the Government to cancel his license, because he was in arrears with hla rent. Mr Chapman applied to have the apphcalion adjourned so that the debtor might be called upon to do something for the benefit/ of his creditors. If the debtor obtained his dieoharg3 he would be able to «et a freehold property of considerable value, »d his creditors would obtain nothing. Mr Stewart poluted out that the trustee had parted with all interest in the estate by deed under (Teal. Mr Chapman replied that the trusteo had parted with the interest of the debtors estate at the time, but that as the debtor had stated that ho now held this deferred payment property the trustee had a right to claim the benefit of it. His Hwftr: Ido not think I ought to aooede to too application for an adjourwment. At the same time I think I ought to postpone the granting of the order for a short time, not for the purpose of punishing [the debtor, but ia order to enable, the | trustee to assert any rights he may possibly have v/iv.h rospect to this laud If the orrk r :of dlechf.rjrt, were mad*; a*, no-, the <■;, »• •. j wouk :• \vuilvt ■■'■ -H ';«> v ,;u; : ;f ' : ■ !* i ;.aep'.-u-:Wi uiiuil thn ov.ip ■.* re*poa 15 <- uUi ! give -A'-i trustee* an opportunity to obtain ' the benefit of the crop. If by means of the .': BU'puiuioa of the diechargo tho trustee can , brng pressure to bear on the barikrupt to i offset a compromise. I seo no reason why he should not do so. Ido not think the Legislature ever intended that the deferred payment system should be made use of for the purpose of enabling a debtor to become a rioh mua at the expense of his creditors. I shall thnrofore suspend the order of discharge for three months, and tho trustee can do what ho Is able in the meantime to get the orop for tho creditors. The Court was then adjourned.

RESIDENT MAGISTRATE'S COURT.

(Before W. L. Simpson, Esq., R.M.) Judgment was given for plaintiffs by default in tho following cases :—John Doig v. V. Woratraten fila, claim, LlO 3* Id, on a judgment summons (to be paid by instalments of 303 per month, in default ton days' imprisonment); Henry North and another v. ~. Meikle, L3loa, for goods supoliod ; W. S. Douglas v. Vilant Graham, L3G le 6d, for board and lodging?,' b. Aitohison v. Jame* Taggart, L2 &*<&; Jujius Metis v. Charles Sutherland, TjIO ; W>HUm Corkran v. Frank Johnston, Ll ' B 53 ' « • I- c. u George Hyatt v. Benjamin Sfcraohan.— Claim, L 8 15s, money lent.—Defendant admitted the claim, aud judgment was given accordingly. Alexander Brown v. B. 0. Calverley.— Malm, LJ>9 13s 9d, for rent of a sandpit. Mr Donniston appeared for plaintiff; Mr MttoDbrraott for difjndant.—lu this ewe defendant did not deny owiDg tho rent, but ho pleaded that ho should pay it to one Samson, the real owner of the pft, and not to plaintiff; in if ho P aid tbo latter Samßon could also oome down on him for rent.— After argument between the counsel His Worship reserved his de cision. Goldsmith's Trustee v. J. A. M'Dermid. —Claim, L3O Is lid, moi/oy received by dofondant for plaintiff. Mr Callan appeared for plaintiff; Mr Mouat for defendant. - Judgment vvai reserved. . rnnin Henry Scott v. J. Olive.-Clalm, L 22 10s, damages for alleged wrongful conversion of a mare. Mr Macgrcg )r for plaintiff; Mr MacDermott for defendant.—The evidence showed that the mare in question had been left at defendant's hotel by a traveller named Johnson, who "abruptly left without settling his aeoount fur refreshment, etc. Johnson told defendant to keep the mare for a day or two, atd *a'd he would return, but he failed to keep his word.-Plaintiff was nomuited.—Mr MacDermott said d.fjndanu would pvo up poßs.;s.-ion of the mare if i*iaiEtitf'iM!d LI Us for bait.

CITY POLICE COURT.

(Before I. N. Watt, Esq , R.M.) DEUNKExSN£.ss.-Thomaa Robinson and Andrew Kurull wee ousted oi to* offence :■■.■'.! liberal; A!Un ! aHo'' i.iv-ftey vero '.T-.i'.u » r ' o*v' ; , Wl '' '■"*

Breach ok this - Margaret Mwdonald, for disorderly conduct in Manse Btieet on Saturday nifiht, was fined Lj. in default throe months' impil»onment with hard labor. . r . Breach ok the Licenbino Act.-John 0. Thomson was charged with pcrnntJng gambling by means of J™ « "» lioenscd Luse at Forbury, on the 2o,hi nit. Mi Kettle appeared for the defendant; an* Baid that it was "admitted that dice were thrown for drfnta.-Hh Worship: WeM, I ©all that gambling.-Mr Kettle: We plead guilty then.-Defendant was then further charged with supplying liquor on the 25th ult., at 4 a.m., to ll>bert Goodwon, Willi mi Goodison, and George Proudfoot, t1,.,y nut being or travelled. —•Jr KetUa admitted tiw f oi the osm, :■'■■ l\i:;\« m/ :iiW-*--'' [o bond Jrd<> ■: •■ .-v.--'-- ■ 'H'iß Wbi-auU; v/;* satsweo t ~,U->< .v,< itae'd t'Ufc ->frndant in the suv. •.: L„ on the fiwt charge and 10s on ii.v. second. ! ( Alluqkd EmbkmlbMkkt.—The hearing ol fas of preferred aetinnt A.'.?lphe'Uoritzm was continued today. Mr Skit appeared for the pro»eo«tioc, and Mr Kettle for the aoouied. T. e charges were divided aa follows :—(A) Embezzling on May 17, L2 Is 9J ; < on May 31, L2l; on June 28, 1880, Lls; (B) £l3 10a,

L 4 10«, and L 1 0; (C) oa April 21, Ll2 10<; May 20, 15 ; and L 5 Is 9J. On oharge B Mr Stout called J. P. Maitland, Commltßoner of Crown Limdß, who deposed : I have buildiuga insured in the Standard Office, and I have paid both at the Company's < ffice and also to the accused in my own cflbe, I cannot remember ever having paid money in my ( ifice to anyone representing the Standard Company but the aocueed. The cinque produced for LlOl paid aa premiums o#mildinga In Tokomairiro. Cross-examined : I have no doubt that I paid the accused that money in my own office. I have occasionally had receipts before the payments have been male.— Frederick P. Richardson, M D : I have property insured in the Standard Office. I remember Jpaying the cheque produced for Li 3 16J to the accused, but I cannot find the rece'pfc for it. Croseexarohed •. I cannot recollect whether I got a receipt or not. I have once received a receipt before making payment. I don't think I ever paid my premiums in the Coixpiiy's office, certainly not within the last two years. Edgaf Bothemly, teller in the Bank of New Z3a!and: I paid the cheque for LIS 16? to the accused on January 12, 1880. His name on the bsok of it I put there myself. Cross-examined : I used at that time to mark the backs of all {he cheques, because I had orders to d# so. —The following evidenoe was then give*h on charge C :—James C, Brown, agent at the National Bank of New Zealand, George street: Thomas Benne'tatd Co, havo an account & y > this*bank. ThJe chpque produced for £l2 10i I cached on the 21«t April, 1880, for the Tennant, chief clerk in the Customs at Dunedir, produced a list of entries passed at Dunedin from June, 1579, to June. 1880. There were only two importations by the accused. Charles Jerome was then orossoxaniaed on charge A: I never received the ttirce cheques produced nor the amounts they represent. AU the fire premiums baid into the office, with the exception of those paid by eub-agont?, were entered in the rough cash-book before they reached my hands. On one "occasion I found that I had a few shi'.Jb'g* over when counting up the cash' in the moraine. I have entered in the, rough cash-book moneys whloh have been ! handed in by other clerks. The accused has oocasioraUy left money on my desk with a memo., and I have afterwards entered it in the rough book. Money has been left in the office, and I have bai to inquire next morning who left it. It used to be the practice -bo enter in the dates of the fire premium payments, but that has been discontinued.— Edward Withers was called with reference to charge C. He produced a copy of the ledger account of the aocused in the Colonial Bank of Now Zealand. The cheque that wag signed by M'Laren, marked K, was issued to the sc.uaed - In case B Charles Reid deposed j I was late manager of the Standard Insuranoe Company. I prcduoe the certificate of incorporation. Mr Maltland had property insured in the name of Mr Ritoh. There was an insurance due by Mr Maitland on the 3rd February, 1880, the the premium being Ll2 Bj. sis entered in the daily register as laving been paid, but without a date. There is no entry of the 1 receipt of LlO or LE 8s in the Company's books. On the 9,h of January, 1880, Dr R obardson was due Ll3 16s. In the daily register the figures are entered in the paid column, but with no date. Charge Hepbarn's premium for L 4 103 was atso entered as oaid, but no date. All these entries are iu the accueed's handwriting. In the renewal register the leave* with the dates havo been torn out, No entries should be made in the daily register without the date* On page 263 of the Daily Register there Is an entry by John Reid, also one by Weidner, without dates in the cash oolumir Mr Kettle: Look at paga 293 j whoscfigures are thOEe? Moritzon's, I believe.—All of them' Yes, but some of them look too good.—ln November, 1879, look at the entry 4s, ia that Moritzon's writing ? No, that is Jerome's erftry.—Why is the date not thore ? Io is marked "aocount," that is I why ifc«"' '-• n0 diio.-~ Was the amount u-i/; •;„ --U iHfiot? Icturaofc tell why the <i.iti: cii p. r .y;.i6nt u aot entered. Ask Man"z.id, he know* best.—After receiving Mr Weidner's letter askiiig you to hold an investigation, did you do so? I did not. —ln case A John Wilson, teller in the Colonial Bank, stated that the cheque M produced was cashed over the counter on the Ist June, 1880, but he did not know to whom the money was paid.—Jamoa A. Park, of the firm of M'Landress, Hepburn : We naid by cheque L 4 10a to accused, receiving a receipt at tho time in tho shape of an in. terlm policy. I cannot *ay that tho cheque produced is the same, Croscexamined: The interim polioy may have been in the office previous to payment.— Charles Jerome, cashier in the Standard losurance Office: I produc3 the oash-book and the bank slips. On the 18th, 10th, or 20th Matoh I never received aoheque foi L 4 10.* nor its proceeds on account of a polioy of Geor«e Hepburn's; nor have I received a oh qu« from Dr Richardson between the Bfch and I3r.h January j nor between the 25th and 27 oh February from J. P. Maitland a cheque tor LlO or its pToceed*. Cross-examined 1 I was also marine olerk, and in carrying out the <?Uvies connected with that office I was frequently out. Anybody in the office would attoad to' my business during my absence. Moritzjtiwaß notoften in the office duringthe dayt;me.-~JohnM'Nall, mar agerof the Bank of Australasia, Dunedin: The cheque f«r L 4 10d was paid by eur bank. It was paid by tho teller tamed Caldwell, who I believe 11 not at piesent in the Colony.—Samuel C. Worth was called in oase B: I was formerly teller in the Colonial Bank at Dunedin. I paid tho cheque Q on February 25, but to whom it was paid I cannot say.—This dosed the prdß3cution for cases A and C.*~ Mr Kettle intimated that he did not intend to offor any evidence, but reserved his defence,—After aocused had been cautioned, Robert Rutherford gave eyidenoe in case B: The out que produced for L 4 10s was in his handwriting, and was paid for insuratfoe on Gaorge Hepburn's property. There was no other cheque drawn on that day for L 4 10a. —This evidence olosed case B.—Aocusedwas then committed for trial, the same bajlj being allowed as previously.—All the nesaes are requested to attend at the Court to-morrow, at 3 p.m., to enter into their recognisances.