DISTRICT COURT.

Grey River Argus, Volume XIII, Issue 1625, 20 October 1873, Page 2

DISTRICT COURT.

Saturday, October 18. His Honor Judge Harvey.) In Bankruptcy. Final orders of discharge were granted to Thos. Alexander and William Meates. Puß James Hayes.— Mr Guinness made application for an order to annul the order of the Court adjudicating James Hayes a bankrupt on the following grounds : — " l. : That the said Judge had no power to adjudicate the said James Hayes absolutely bankrupt on the thirteenth day of August, 1873. "2. That the said Jame3 Hayes was nnt indebted to the petitioning creditors in any amount, nor did any debt exist sufficient to entitle the said creditors to petition nor the Raid Coiart to adjudicate the said James Hayes bankrupt. "3. That by reference to the said de- | cision or ordor it does not appear that any act of bankruptcy was committed by the said James Haves. "4. That no act of bankruptcy was committed by the said James Hayes. "5. That it was not proved that the act of bankruptcy xipon which the said decision or order was made had been committed. "6. That the said decision or order could not become absolute until the time allowed by 'The Bankruptcy Act, 1867,' for the said James Hayes to show cause against the same had elapsed. "7. That the said decision or order is void, inasmuch as it does not appoint a meeting of the creditors of the said James Hayes to be held, in accordance with the provisions of the said Bankruptcy Act, and particularly of section 93 of the said Act." His Honor overruled all the grounds of the application, without cajling on Mr Perkins, who appeared for the Trustee and Messrs Thompson,. Smith and Barkley, to reply. Mr Guinness gave notice of appeal, and his Honor said he would only be too glad that it should be taken to the Supreme Court. In this estate, John George Heslop was examined as to his possession of a saddle formerly belonging to Hayes. He stated that Hayes gave him the saddle for services rendered, and that he had since sold it for LB, bnfc he still held possession of it because all the purchase money had not been paid. The Court was then adjourned sine die.