SUPREME COURT.

Lyttelton Times, Volume XXX, Issue 2481, 15 December 1868, Page 2

SUPREME COURT.

Monday, Dec. 14. j In BiNKKUFicr. This Dai. (Before Mr Justice Gresson.) nis Honor held a sitting under the Bankruptcy Acts, at the old Town Hall, at 11 o clock, this morning. LAST EXAMWATIONS.-NEW CASES. BE JAMES FERGUSON DOUGLAS. Dr Foster was named on the record as anpeanng for the bankrupt, but the bankrupt appeared without counsel.

Mr Graham reported as follows—" 1 That on the 22nd of October last, accompanied by one of the supervisors, I saw the bankrupt at his residence on the Leeston Road, and told him what was required at his hands to enable him to pass his final examination on the loth mat. He has since waited upon me with a number of loose Touchers, and undertook to come again and assist to make up his accounts and explain his position, but that he has failed to do. 2. I verily believe he is a man well able to work, and has the means, if he chooses, of paying something to his crediors; and I cannot at present, from the limited knowledge of his affairs, make any report in his favour. All the assets handed over to me are some book accounts of little or no value."

Hi Honor said that the bankrupt had not hied the statement of accounts. The trustee had complained that he had not rendered him any assistance, and he was therefore totally ignorant of the state of his affairs. Under these circumstances he could not grant an order of discharge. He would adjourn the hearing until next sitting day, and if the bankrupt intended to obtain his discharge he must afford every information to the trustee January S. r "" "**

RE THOMAS WYCHEItLY. Mr Joynt appeared for the bankrupt, and 1 ™te application for the final order of discharge. Mr Graham reported as follows .—l. "That having carefully looked into the affairs of bankrupt and examined such books as he kept, and also tested his statement of assets by applying for the aocounts, I do not find much discrepancy in them, beyond the overvaluation of his stock and furniture. 2. That the principal creditor, who is one of the supervisors, complains of bankrupt's conduct in obtaining so large a credit whilst owing so much for rent (nearly £200), but the test of tba book debts being satisfactory, I cannot think the bankrupt has been running into debt with the intention of defrauding this creditor I attribute his failure to a hamrent, falling off in business, and want of proper management in allowing the book debts to accumulate as they have done," His Honor (addressing the bankrupt) said that his creditors complained of his havine allowed himself to run so far in arrears with his rent. The bankrupt said he had taken the lease of the house from another p«ty s the rent was very high. ■ His Honor said that it was the rule in Canerbury for publicans to take houses at a most absurd rent. This, he noticed, was the cause of failure in almost every instance. MrJoyntsaid that the hotel in question XL\ Wd ;f ymff ° ne W,lCn the bankrupt eased u t, 1 here were only two public housk at Kangiora when the bankrupt started in business, arid his house was by far the best in the township. Since then, a third party had erected ail hotel directly opposite that rented by his client. There were now about five public house,in Rangiora. In reply to his Honor, Mr Gr.iham said that there would likely be a dividend in this case Public house debts were very difficult to get in, but he had no doubt that he would be enabled eventually to declare a dividend. ™ e nf. *?■ 1° ot>jeclion t0 offer l 0 t,le b '»*- rupt's discharge. His Honor made the order of discharge Mr Joynt applied for the usual costs. ' His Honor acceded to the application. HE JOHN M'QREQOR. Mr Water appeared for the bankrupt and applied for the final order of .Uscharg?' Mr Graham reported as follows:-i. That the bankrupt carried on business in Durham fleet, but after his bankruptcy he removed into Cashel street, where lie i s now in S business at his old trade, as if nothing d nnS o H ,e M laorß 1 Conßider the h lB no dealt fairly and openly with his creditors and they see no reason for We failure He Ims not shewn them or me any ooks n any statement of accounts for^RST 22 '? im. b f nkrupt t0 make an immediate and full disclosure of last year's transactions.

It appeared that the required information dm not been furnished to the trustee. Mr Uraham stated that he was perfectly in the dark as o the state of bankrupt's affairs The bankrupt said that lie bad only kept ° s^ ok ' aadl >e had handed it over to Mr His Honor adjourned the case until the 7th adjourned if he had not more information a to.he position of the estate than TnZ

KE WILLIAM STVCHE, ord?oftel P ri;" PetSOn ' applicdforafinal Mr Graham reported as follows:—I. There ,Z°Jn hewn in the Btatemeilt fl'ed sE U V, ut ' Ihave ™ "o notice of oppoX ban > ru Pt seems to have kept no books, and therefore I have had no opportunity of testing the value of liis statements, lie has a public house on the Lincoln Road still open, under the assistance of some of his old creditors, but I have no supervision over l»s present transactions. Mr Graham said there was no estate in this matter,

There was no opposition, and hiTTT** made the order of discharge ll«V onor tkt the bankrupt had lnd a c !t,. red Illness in his family. b«-ic deal 0 f The order of discharge was made.

RE ALEXANDER CIUttLKs mi Us Mr Cowlishaw was the solicitor 1 record, but did not appear. "« ..* r^!i,r n '* M ""». ' The Registrar said that tb „,„„.,, menu had not been flle-1. T l - - sent his report to him by post i , a,i of sending it to a solicitor to have it'fi Z It appeared that the trustee wi, ,', ilutton, of Timaru, grocer. a ilr His Honor said that the trustee hm « mailed very little information to fh< - Jr " No statement of accounts had bten fil, \ l The report furnishid by the truster. ', , that there would he a probable dirid ~ a , lt ' J or 3s 6d in the pound. lUe -^f3 ; His Honor remarked that the were moat irregular, and direct e I7 h , e ' gistrar to write to the trusts teliin ~• that he must appear in penon or b,,,," 11 scnted by a professional gentleman ut must adjourn the me until Tlm M d w I' : 7th January. <> <■"'■■ The case was adjourned accordingly, BK JOHN CHARLES BROOKE lhebankrupt, in person, t order of discharge. PP td for «> Mr Graham reported as follows -«u the bankrupt made an assiennunt ? , benefit of his creditors in Jul f,2' "«* bis estate then paid 2s in tht ;; u th « That he commenced buUnes, JJ„ - afterwards, and, as he admit,'h?» time when he was not solvn»- ■s'n'i ' a . ta to pirchase his goods from a'lj'u, Jffi it was not to be expected he could'l, I m pete w.th those in the same tr IS'" 1 " ported their own goods. 3. I j„l "t i?" supervisors, examined the acM« d » bankrupt, and now before the ij , Y"' there are no books to mentß therein made, wee.:,"o tt" eir a ceuraeya.thou g lMl,ey m at« from whom I have had no pL Dunedin < The **l 14s. binie the above was wriitJ ti: final examination, Thursday. WeharS opposition to offer. I M > 0 SJfW insolvency. Owes ut? £«< i v u,° fik thorne."' m3Ui£M - Jrench.lwnip. Mr Graham nut in a tele»ram from ir flmn s=ts P :: e Duned, - s Ss njaey Ins Honor adjourned the mati; until Jlmrsday, the 7th January. Adjourned Case, RE CHARLES WOODHAM. ibis case stood adjourned, in order that the bankrupt might have an opnortunit stating how a horse and cart bad been di« posed of. Mr Graham informed his Honor that bankrupt had never called upon him sine-" las tutting day. He appeared to treat the matter with perfect contempt. His Honor said he had not the ilfohtw reason to alter the opinion he had ezproed on the former day, that the bankrupt had made away with the horse and cart improperly. He would have to restore it to his creditors. to do' 6 bankrupt said k ™ be ? ond utj 3 Power His H..nor said that the bankrupt must hare sufficient influence on hi? son to enable him to tell where the horse and cart were. Until they were restored to the trustee, the case would be adjourned from time to time. ihe transaction was an improper one, and if any creditor made application, the probability was that the bankrupt would be sent to prison. Tne case was adjourned until the 7th January.