SUPREME COURT.

Hawke's Bay Herald, Volume 14, Issue 1154, 20 May 1870, Page 3

SUPREME COURT.

Fbiday, Mat 13. (Before his Honor Mr. Justice Johnston.) SITTINGS IN BANKRUPTCY. Be Henry Alley. Me. Lee applied for the discharge of this Bankrupt. Mr. Wilson appeared for the trustee, not so oppose the application, but in order to elicit information on certain points. Mr. Lyndon, being sworn, said the estate at present showed assets to the amount of 6s. in the pound. Henry Alley, sworn, deposed: I am the petitioning bankrupt. The account filed is correct. I attribute my bankruptcy to losses on purchase of farm in Canterbury. The purchase money was £11,000. Paid £3000 cash, and the balance remained on mortgage. Mr. Wilson managed the farm for me for the last two years. He is a creditor, and claims £2070. My total liabilities are £3275. The Bank of New Zealand are creditors for £1000, on account of accommodation bill hold, by them. -"2&\ " y '^uirS^j' ByMj-JKi».*ft sl ffi l . Wilson advanced jgjF&s*oi the £3000. £1000 insurance money .was received for house burnt down. Handed this amount to Wilson, who invested it in cattle. I consider I paid Mr. Wilson the £1500— £1000 in cash, and about £GOO in cattle. I could have spld the property and paid oil' my liabilities, but the mortgagee, who claims £8000 as purchase money, would not allow me. The bankrupt was discharged. Be Alexander John Cameron Gethin. This case was adjourned on the application of Mr. Stedman. JRe John Hartley. Mr. Lee appeared for discharge. Mr. Wilson opposed for the Trustees. . Mr. Lee stated that the total liabilities amounted to £3184, and assets to £2700. Bankrupt being sworn, deposed, in reEly to questions from Mr. Wilson : — I led declaration on the 21st March. I received on the 19th March £64 55., from different people. I drew on the 21st March £27 45. ; in all, £91 4s. We have been living on this money since. The only explanation I can give is that we have had to live eight weeks. I removed my furniture by consent of the trustees. I should say the furniture is worth about £25. His Honor: — This is manifest misconduct ; the bankrupt has been living at the rate of £500 a year. He has held back from his creditors ja substantial sum ; in fact, kept back a purse for contingencies. What makes an impression on my mind is, his having made oath that all his assets were shown. I should not have found fault had the trustees allowed half the sum. Certificate suspended for six months. Mr. Wlison : Do you give protection. His Honor : I shall say nothing about that. Me Martin Fearse. In this case Mr. Stedman appeared for the bankrupt, and Mr. Wilson for the creditors. Mr. Stedman said the cause of bankruptcy was the attack made on Mohaka in 1869. The petitioner suffered great loss at that time. Martin Pearse, being sworn, deposed : Everything is included in the accounts filed. There are some sheep on the run, about 600, which are settled upon my wife. They were given to her by my bi'others for looking after the house. These sheep are not included in the mortgage to Mr. Richardson. They were shorn with the others. The wool was sent to Mr. Richardson. There was a deed of settlement to my wife for the 600 sheep. W. Tait is trustee. Mr. Richardson paid my wife £25 last year for wool money. Dischargo ordered. Re W. JBL. Shaw. Mr. Wilson applied for an order in this case that the trustee of bankrupt's estate should execute a deed conveying a piece of land of 100 acres on the Abbotsford run to the Bank of New Zealand. This land was mortgaged to the Bank by Mr. Cartwright Brown, formerly a brnkrupt. An affidavit was made by him to the effect that the land in question was paid for with money found by him. Order granted. Satuhday, May 14. sittings in banco. His Honor took his seat at 11 o'clock. The Absent Witnesses. Mr. Wilson asked permission to explain to the Court the circumstances attending the absence of the witnesses in the charge of arson. He read written statement, from which it appeared that Mr. Locke had that morning receivedTiilettefrs^Jroni( the absent native w^l^a@i (whtchj'durMg

his absence from Napier, had been lying in the Post Office), stating that, owing to ill health, they were about to return home. ■ His Honor : I don't say for one moment that Mr. Locke is responsible. There appear to have been no steps taken to remedy the long existing evil, in many instances, of the failure of the judicial system where natives are concerned. Somebody in the Native Department should be responsible for the getting up of these cases. It is by no means the duty of the magistrates* though they ap- . pear to have been in the habit of doing so. This probably has added to their useful* ness ; but the practice has caused some confusion. I don't retract in the slightest my observations made in public, that the fact in itself is disgraceful ; but it appears in this instance to have arisen from a slight omission. It seems curious that a public officer should go away, and leave nobody behind to open official letters, or attend to any business that may be urgent. The Police Inspector would probably be the proper person to be held responsible in these cases. The evil arises apparently from want of system. Watt Brothers v. Buchanan and Weston. Mr. Wilson applied for an order for speedy execution in this case. Hule made absolute. In the same case, Mr. Wilson applied for an order to have the sheep held as security by the plaintiffs, which had been previously sold by Buchanan at public auction, and bought in by him and sold again! Mr. Cuff, for the defendant, argued that the sale was made in order to wind up the partnership. His Honor ruled that a partner has not the power to sell or dispose of the property of a firm without the consent of the other partners, and it appeared in this instance that Weston prohibited the sale. Mr. Cuff said to show their bona Jides t they would consent that the sheep be sold again, and asked that a speedy sale might be effected, say within one month. Ordered accordingly.