SUPREME COURT.

Lyttelton Times, Volume XXXI, Issue 2602, 7 May 1869, Page 2

SUPREME COURT.

In Bankruptcy. Thursday, Mat 6. (Before Mr Justice Gresson.) His Honor held a sitting under the Bankruptcy Acts at the old Town Hall at 11 o’clock this morning. Last Examinations. KB HENRY BEEOHBT. ‘ The bankrupt applied in person for the final order of discharge. Mr Graham reported as follows *• I. I hat there is no estate whatever for any of the creditors, the only property consisting of furniture, books, and music, said to be held by deed of trust for the bmefit of his wife. The leasehold, as valueless, I gave up to the landlord. 2. There is no opposition, uor has any creditor come forward to object to bankrupt’s final discharge. The liabilities amount to £136 10s 3id ; there are no asset*.”

His Honor said he perceived that some music had been ma le over by deed to the bankrupt’s wife.

The bankrupt said that tho deed boro date many years ago, in 186 . His Honor asked the bankrupt how he got his living. *

The bankrupt replied that he obtained a livelihood prindpUly by teaching llisinoome from this source, however! was very ■mall indeed.

There wa* no opposition, and the final order r" tlle bankrupt obtaining leave to J"d bis petition by inserting a debt of

BE WILLIAM HENRY LANOFoRD,

No detailed statement had been filed in this case, ana it was ordered to stand adjourned until the loth June. Ihe following is Mr Graham’s report: i beg to report that I have no detailed •tatement of accounts from bankrupt, who tag been a trader, and I therefore cannot vouch (or the correctness of what he files erewith, showing « loss j n business of £lB4 16s fid. BB CHARLES FISHER HALLAM. Mr Cottrell, on behalf of Mr Bamford applied for the final order of discharge. Ihe esse was adjourned until the 10th June.

RE OBOROB ABB HENRY FISHER. Mr Cottrell appeared for the bankrupt. Mr Graham reported—l. That the bankrupts have not furnished me with any document beyond an explanation, of which the following is a copy

"In reply to an application by the provisional trustee for a statement of accounts ■bowing our receipts and expenditure, we beg respectfully to state that previous to the month of April, 1868, we carried ou buaineai as tanners at Ashley Court, upen land held

VD( ]er lei.se fiom Mr F. Delamain. Our *tock and implements having been purchased from the lessor, and the purchase money, X6OO, was secured by bill of sale. Fer some time previous to the above date, our landlord had allowed the rent to accumulate, because we were not making anything out of the land through bad seasons and general depression. In April. 1868, Mr Delamain distrained for arrears of rent, and exercised his powers under the bill of sale, and we were consequently left witbont assets, and owing ■everal small sums besides, and debts to Mr Delamain. We then filed a declaration of bankruptcy; but owing to our creditors not meeting and forming a quorum, the bankruptcy lapsed, ami we were forced to “* e a fresh declaration on sth March last. In the Interval between filing our first and last declaration of bankruptcy, we have been working for our sister and oihers, and have not been engaged in any business on our own -account. <>nr wages have only been sufficient to supply personal wants. Thus we are not In a position to make out any accounts of receipts and expenditure for the last twelve months; previous to that time, any money we made was laid out in the terms of our lease from Mr Delamain, upon his land, upon which he re-entered as befored mentioned. We have no beneficial interest in any pronerty belonging to our sister.” There has been no estate whatever handed over to me by the bankrupts. ... ~ His Honor adjourned tire case until the 10th June, Mr C ttr. ll remarking that the bankrupts would file the best statement they could in the meantime. BE WILLIAM THOMAS BAUGH. Mr Graham said there was no statement filed, and there was consequently no report. Mr Joynt appeared for the bankrupt, bihi mid that the bankrupt regretted he had not had time to prepare his case in order to apply lor the final order of discharge. His Honor said it appeared to him as though the bankrupt was quite indifferent about the matter. He had already gone twice through the Court. If tbe bankrupt did not file the required statement before next sitting he could not think of receiving the protection of the Court. Adjourned until the 10th June. RE JOHN ETHKKDEN COKER AND JAMES HEATH. Mr Joynt applied for the final order of discharge. Mr Graham reported as follows : “ I beg to report that the estate came into my hands under the 6th clause of the Bankruptcy Amendment Act, 1868. —1. That I called the principal creditors together at my office, who recommended my immediately disposing of such assets as were available lor the benefit of all concerned. 2 That I did so, but find very little left for the creditors, as shewn by the statement of accounts appended to my report. 3. The bankrupts have kept books, and their accounts appear plain, and 1 trace from them that although their receipts from February 1868 to date of their bankruptcy amounts to £2498 10s Id, they have saved nothing, a large proportion of this having been expended in improving (he property which now under tiie lease reverts to the landlord without the estate deriving any benefit from tbe said improvements, which cost nearly £SOO. 4. I have not been able to trace anything that might reflect on bankrupts’ characters, and think their present position is brought about by a too speculative disposition and a falling-off in business.” •statement of accounts: Liabilities—To creditors unsecured, £1024 18s; wages to be paid in full, £4; one month’s rent, to be paid in full, £8 13s 4d; total, £1037 Us 4d. Assets:—Proceeds of sale of property given up to trustee, £l3O 17s 7d; book debts, estimated as good, £35. Deficiency. £B7l 13s fid. Note.—ln the above assets we have not included the cost of improvements to property, amounting to very near £6OO, the greater part of which we thought at the time •four stoppage, would have been available to our creditors in realising on lease, which has over five years to ran. Mrs Coker’s illness and death baa also been one of the primary causes of our insolvency—John Etherden Coker, James Heath.

His Honor asked Mr Coker how it was he bad incurred so large an amount of liability. The bankrupt replied that it was mostly on account of buildings which he had erected in the hope of making his place of business more productive. They were obliged, through Mrs Coker’s illness, almost to close up the hotel for five months. He believed that only fcr this he would not have had to come into Court.

His Honor (aid that the bankrupt possessed • rather speculative disposition, He was sorry to say that he had seen too much of Mr Coker in Court, but be hoped this would be the last time. There was no opposition, and he would therefore make the order of discharge, but he hoped the bankrupt would not enter into speculations in future. Order of discharge made. BE HENBT BATCHELOR. Mr Garrick applied for the final order of discharge. Mr Graham reported as follows;

“l. Jbat the bankrupts are farm labourers, ou Mount Grey Downs, who report to me that they have been sold off under bill of sale given to Mr W. H. Lane, that they have no estate, have kept no books, and now seek their discharge from being utterly unable to meet their engagements.” There was no opposition, and his Honor made the final order of discharge. RE GABRIEL WILLIAM LAURENCE. Mr Garrick appeared for the bankrupt, who had been in partnership with Batchelor. There whs no opposition, and his Honor made the final order of discharge. EE GEORGE ROBERT HART. The bankrupt, in person, applied for the final order of discharge. He stated that be had been laid up by an accident for three months, and had also been out of employment for some time.

Mr Graham reported as follows : “ That this is a case of unforeseen bankruptcy, and from the statement made to me, and from what I can gather, I do not think there has been any intention to defraud the creditors. Want of constant employment, and the accident at the encampment have been the chief causes of bankrupt’s present position.”

There was no opposition, and bis Honor made the final order of discharge, remarking that the liabilities were uot large, and that he knew the bankrupt had suffered much.

RE UEHBr BROOKS. The bankrupt applied in person for the final order of discharge. Mr Graham reported as follows :

“That this bankrupt has always been in difficulties, even as bailiff in Lyttelton; lie never paid his way, but was always in debt. I have not hud a copy of bis sworn liabilities, which I wish to test, and 1 beg the Court will adjourn this case for further investigation, and report.” His Honor ordered the case to stand adjourned until the 10th June. RE SAMUEL EDWARD GRAHAM. On Mr D’Oyly’s application, this case was adjourned until the 10th June, the bankrupt not having bad time to prepare the statement of accounts required by the Court. RE FREDERICK MUHLIESON ARNOLD. The bankrupt app!ied in person for the final order of discharge. The liabilities are £6O 3s 9d ; assets—doubtful debts, £2610s Id. Mr Graham reported as follows : 11“ 1. That the bankrupt, who is a butcher, has kept only one rough book, shewing Sums due to him os p'.-r schedule, his liabilities being made up from vouchers in hand. 2. The estate is almost valueless, the only assets consisting of doubtful bookdebts ; but I have had no notice of opposition. The shop fixtures and implements of his trade were seized by the landlord pre▼lous to bankruptcy for arrears of rent,” j was no opposition, and his Honor Bade the final order of discharge.

RE ARTHUR WARD. Joynt a PP | ied for the final order of dis-

® r * ham as follows . Inst the supervisors hare not ex-

amined the accounts as filed with me, but from the books in my possession, from which they were taken, I find the cash takings to find December last 'correct. The bankrupt, however, ends his filed statement with receipts amounting to £4681 19s tjd, £651 17s 4(d of which, he states, is not entered in his books, and i« put in to make up the expenditure, which is unsatisfactory. This is the more so as the creditors complain that bankrupt’s cattle and horse dealings are not clearly shewn in his books, and on this head I must beg the Court to ask for an explanation. 2. The statement of accounts filed by bankrupt exhibiting a surplus of £219 6s 2d is not true, as, after paying rents and preferential claims,the estate will yield very little to unsecured creditors. I append my own statement of the true position of the estate, which will not pay to creditors more than two shillings and sixpence in the £. I lie stock lie lias not accounted for. are I bay filly, marked WA, 2 years old ; 1 black do. marked F W, 2 years old ; 1 bay mare and foal at foot, 1 yearling colt, on Maori run ; 1 yellow' and white stag, at Topps’, Saltwater Creek ; 11 head of cattle sold to Lynskey ; 2 pigs ; 1 double barrelled gun, some garden tools, 1 barrow. The supervisors are most anxious that he should at once clear up this point. Liabilities Secured, £198; unsecured, £689 4s 8d ; preferential, £169 8s 6d ; total, £1056 13a 2d. Assets as realized by trustee, £527 12s 2d ; deficiency, £529 is. His Honor directed the bankrupt to give a proper explanation to the trustee, and Differed the case to stand adjourned until the 10th June. RE JOHN VINOOE GLASSON. Mr Garrick applied for an adjournment until the tOth of June. It was a Timaru case.

His Honor said lie would do so, but he must remark that there bad been some care lessness in this case. RE EDWIN HOOPER. This case was adjourned until the 10th of June. Mr Garrick appeared for the bankrupt. BE DAVID SCOTT. Mr VVynn Williams appeared for the bank rupt. A subpoena had been served on Mrs Keilson for her attendance, and she wag now on tier way from Oamaru. lie understood that the trustee desired to have the ease adjourned until some day, in Chambers, in order that Mrs Neilson’s evidence might be taken. On Mr Cottrell’s application, the case was adjourned until one o’clock on Tuesday next, in Chambers. RE JAMES FERGUSON DOUGLAS. The petition in this case was dismissed, on the application of Dr Foster, who appeared for the bankrupt. RE SHAW CROSSLAND. Mr Joynt appeared for the bankrupt. Mr Graham said he had no farther report to make, except that tbe bankrupt had furnished him with the statement of accounts as directed so to do by the Court. His Honor said that the trustee’s original report was very unsatisfactory as regarded tbe bankrupt. The bankrupt had left his creditors losers to the extent of over £2OO, and these debts were incurred a very short time prior to his bankruptcy. He considered that bis case was an unsatisfactory one, and he would mark the disapproval of the Court by suspending relief for three mouths. Order made accordingly. RE WILLIAM HIBLOF.

On Mr Joynt’s application, the order of discharge and costs was made. Mr Graham’s report is as follows : “ 1. That bankrupt haskept avery elaborate set of books, shewing alt the matters in detail, a copy of his receipts, expenditure, and statement of accounts being filed herewith. 2. That the explanation given by him of the cause of his bankruptcy I have every reason to believe to be true, 1 have found him straightforward, and there being no opposition, I have nothing to offer against the Court granting him his final discharge. The liabilities, as estimated by the bankrupt, are £1077 5s 9d; assets, £3238 Us lid; surplus, £2161 6s 2d. ’ RE GEORGE ALBERT BUNGE. On the application of Mr Graham, this ease was adjourned until the 10th June.

RE THOU AS ADKISSON OATES. The bankrupt applied in person for the final order of discharge. Mr Graham reported as follows;

“ That the bankrupt’s statement of account appears to me to be correct, and having had no notice of opposition, I have no reason to doubt the explanation he has given as to the cause of bis bankruptcy. Liabilities, £lB4 19s; assets, tools of trade, £10; deficiency, £174 195,”

His Honor made the order of discharge. RE FRANCIS HARVEY.

The bankrupt, in person, applied for the final order of discharge. Mr Graham reported as follows :

“ That bankrupt seems to be entirely destitute, and after carefully examining his statement, and hearing what he had to say as to the canse of his present position, I hare at present no reason to doubt the truth thereof. Liabilities, £BS 1.3 s lOd; assets, £ll 18s 10d; deficiency, £73 15s. His Honor inquired what the bankrupt meant by the statement that for three or four years he had been dependent on bis wife for support. The bankrupt replied that he had been ill a part of the time. He had acted as bailiff under Mr Burke for some time. They had a quarrel about money which was owing to him, and this had caused a great bitterness to arise against him on the part of Mr Burke. He was employed by Mr Hurke at 8s a-lay, but could never get more than £5 from him for a month’s pay. He was £7B in his debt, and he (bankrupt) was advised not to push the matter through the Court, but to accept the £23 tendered to him, as the law expenses would nearly swallow up the remainder, even if he won the case. Since he had left, he had been unable to procure employment, except an odd day now and again. He believed he was being undermined, for before he became a bailiff, he had no difficulty whatever in obtaining employment. He saw Mr Burke speaking to one of his employers one day, after he had ceased to be a bailiff, and he was discharged the same night. There was no opposition, and his Honor made the final order of discharge. BE ALEXANDER WILLIAM DORAN. The bankrupt, in person, applied for the final order of discharge, which was granted, there being no opposition. Mr Graham’s report is as follows :

“ That the bankrupt from his statement to me, seems to have been in difficulty nearly three years ago, his wife having had a millinery establishment which did not succeed, he appears however to have paid off many of the old debis incurred in this business, and I am inclined to believe, no creditor having come forward to oppose, that his statement of want of constant employment, has been the cause of his now seeking the protection of the Court. Liabilities, £l3O 3s 8<1; assets, £10; deficiency, £l2O 3s Bd.” RE THOMAS HILL, Mr Cottrell appeared for the bankrupt, and Dr Foster to oppose on behalf of Mr Joshua Page. Dr Foster contended that by retaining more money than he was allowed by the trustees under the deed, the bankrupt had committed a breach of trust, for which he was liable to be suspended for three years. After a few observations from Mr Cottrell, his Honor censured the conduct of the bankrupt, and ordered the certificate to be suspended for one year from dale. RE WILLIAM WHYTE. Mr Wynn Williams appeared for the banker Garrick, on behalf of Mr Helmore, applied for an adjournment until the 10th June. , . Hit Honor granted the application. RE MBSHACH CLEMENTS.

The bankrupt, in person, applied for the order of discharge. His Honor made an order suspending relief for one month. The Court then adjourned until Tuesday next.