DISTRICT COURT.

Hawera & Normanby Star, Volume XLVI, Issue 7730, 2 July 1903, Page 2

DISTRICT COURT.

Thursday, July 2. t . " (Before His Honor Mr District J^oWe Kettle.) " r: ; IN BANKRUPTCY, ji; John Thojttpson " and 3Evci^.>G*ace Thompson— ''*%& '"' ' Mr Welsh applied for an lordter on the bankrupt' to show cause why ho should not sign evidence taken at his pub ie examination. Counsel said trouble had been caused through the . bankrupt refusing to sign. On last Court .day, the Clerk was busy, aqd the examination was not signed. His Hoxior said he knew iho circtuDistances,-* and ho (-the judge) was partly to blame. The "evidence havo been read in opdn Court and signed then. * In answer to the Judge, bankrupt said he was willing, to sign now" But he added that he had certain questions to raise, and he would ask His Honor to allow him counsel., His solicitor (Mr Middletott) was dead. ' :'-': '- ' His Honor said he could not do ajjythiiig in that direction. Bankrupt ■ could employ a solicitor. Bankrupt said he could not instruct a solicitor, as all his papers were In Mr Middlcton's office, j His Honor said it seemed bankrupt I was making trouble over nothing 1 . ' I Mr Crump, in whose Hands the papers ore, said he did not know whether tho late Mr Middlotou had had a lieu over any of them. . * _ Bankrupt's public examination was then rfcad. , • " Answerine His Honor, bankrupt /said ho had Jookcd everywhere for the xnissiiiff book* but could not find it. j. Mr Welsh asked why the safe had not . been handed over by bankrupt.- '- Bankrupt, said bis solicitor had ad- • vised him not to hand it over, as it '■ belonged to Mrs Thompson, being a present -to her from Mr Duncan. He would hand it over \to the Assignee. Mi- Welsh pointed 6ut : that the' wife was also a bankrupt. His Honor said the safe must te i handed over. ' -..-<;■

.nu over. " \ "'"'":" Bankrupt signed his public examination, and further examination' was adjourned. " ~ ■ Mr Welsh moved -for an order of compositilon in the banlsrtipicy ,-of Miriam Cohen, of Waverley.' Counsel sauT on the 22nd May a meeting of creditors had decided to accept a composition of 5s in the £. The*eso-. lution had been confirmed at a - Subsequent meeting.— His Honor thought an affidavit shkwld have been filed I.—1 .— Mr WeJsh said the usual ptfocethire had been followed. — His Honor "said there should .h.an'e been an affidavit. However, he would be Satisfied D.0.A., gave, evidence thata meeting of creditors had agreed' to an Ojffer by the bankrupt of 5s in the £, and afc a subsequent meeting the resolution; was confirmed.— Jn. answer to- the judge, the;D.O.A., said tat ha(d nbithSgi to say against -the- , biankVu|>t:— Mr Welsh explained. that bankrupt ht^dno money, but a friend had come to 'the rescue, and provided Sufficient (£535), to pay a dividend of ss. in tjie £ on proved claims and- any preferential claim. Some creditors had 'not proved.— His Honor said creditors who. had not proved — the time h&vjng expired for proof— were excluded^ By the Act from participation inline composition.— Mr Welsh said it Was in His Honor's power to reject claims that v h!ajd not been provedV^Btia Honor said tie namea of credrtora not proved, had "fctecn placed: in the schedule, arid therefore 'the b^fcrupt had proved for them. * Under the circumstances, he did not see r :fahy .improved claims shouW bo throwii'odt. The resolution of creditors! stated that' 5s in the £ wouldf be paid 1 the credilore,. -which must be taken to mean all.— Mr Welsh . asjted thlaV the case be allowed to . stand cA'er till the afternoon, to allow him to consult with Mr Wilson, solicitor for, Mr Wilkie, the gßntloman advancing the money. . ,^T. .In re Grant, Spcnce and 'Co.> Mr Welsh moved for an order for D.O^A.'a costs.M)rder made. . « . PROBATE. Mr Welsh moved that probate-^of the will of Mary Ann Muir be granted to Kobert Hicks, tfie efcecjutor named therein.— On an affidavit of consent by the husband atod chikfren being filed, the application will be granted.