SUPERME COURT.

Lyttelton Times, Volume XXX, Issue 2416, 19 September 1868, Page 2

SUPERME COURT.

Fkumy, Sept. 18. (Before Mr Justice Gresson.) His Honor sat in the Court Chambers afe 11 o'clock this morning. BE HESSy DEARDKN, DECEASED. Mr Duncan moved for letter* of jtratioD, :j His Honor made the order as prayed. ! _ RE. GEQRGB STANDEN, DICEASED, i This was an adjourned applicatioa. for letters.of administration, with two. testamentary documents annexed, pending the' lunacy of, -Jine Standen, the executrix jnamed^ ! Dr foster said lie had filed tha further affidavit required by his Honor, and cited ,sev. ial authorities to justify the application. Hkflonpr snid be would look into the authorities, and would most probably make the-order. He would mention the matlerto thsjßpgistror. Is Banco. DAVIS V. SIMPSON. Mr, Garrick for the plaintiff,.and Dr Foster .for defendant. J This case was set down for argument on but was adjnwned until Friday ■next, by consent of counsel on both sides. PEAKOX AND OTHERS T; S-TJOKfifIOK AND ANOTUBRi Special case for argument. Mr Harper asked tint this case might be postponed until next Chamber day. ; It was arrange! that motion should be ' made on next Chamber day for the removaL of the demurrer. : Mr Garrick is counsel for the defendants. Is. Bankruptcy. RE fcUEIS BERLINER. Dr Foster said that if Mr Garrick would consent to allow this matter to standi over until next Chamber day, he would fa, all likelihood be able to ask for an orcjer, the ( effect of which would be to settle the matters connected with the bankruptcy. His Honor: Mr Garrick, mentioned on a former day that an arrangement would he made for the payment of 20s in the pound. Dr Foster: f believe that will probably be the result, There are some matters, hoff« ever, on which it is necessary to have your Honor's opinion. The matter was adjourned until Tuesday next, the time for the bankrupt to surrender being extended until fee 29th jqataflt,

COSTS IN BANKRUPTCY CASES. V r Garrick said that on the late occas'on . of his Honor's sitting under the Bankruptcy ,Act, he had alluded to the subject of • solicitors taking coßts from bankrupts, and had given it as his opinion that their doing so was in contravention of the Act. His Honor: There is no clause in the Act to justify their doing so, and I intended to take the opinion of the Judges upon the point. As I stated several times when holding sittings under the old Act, I think a rule should be set down allowing solicitors to take a certain fixed sum so as to guard them against incurring any loss in' conducting ' cases for bankrupts. But as no provision is eipreßsly made in the present Act, there is a about allowing professional gentlei men to accept money from persons going through the Court. In the matter which came before the Court yesterday week, it - appeared that £2O had bein handed to the solicitor and that other payments had been made. I found fault with the bankrupts for both. Mr Garrick said his object in again mentioning the matter to-day was, in order that •• the question might be settled as speedily as possible. There would be no difficulty if provision were made allowing solicitors their • costs, lie had heard that in some cases the ■ practice had been that some friend of the bankrupt had guaranteed the charges, but this seemed to he only a circuitous way of -• arranging the matter, for no one would guarantee the costs unless he saw some way of being reimbursed. The learned Counsel referred his Honor to two eases, to shew that under the English Bankruptcy Act of 1849, payment by a bankrupt to a solicitor of i money sufficient to pay the coßts of his bankruptcy, could not be taken to be a fraudulent ! preference—l. L. T. New Series, Re Charles House 11 aw Reporter, page 220 j Assignees of Kobin6on v. ltobson, 32 L. J. L. T. Old Series. His Honor: If my opinion were asked by the other Judges as to whether a rule pro- . Tiding for costs should be made, I would say • 'Unhesitatingly, make the rule. 1 think it better that a thing should be done directly . and not circuitously as you have stated. I • had not time to consider the matter in Court, but at the moment it seemed to me to be not distinctly provided for by the Act. I took a note of the point, in order to bring it before \ .!. my brother Judges at the earliest opportunity.