SUPREME COURT.—In Banco.

New Zealand Herald, Volume II, Issue 4230, 4 June 1875, Page 3

SUPREME COURT.—In Banco.

Thursday, June 3. IBeforc His Honor .Mr. Justice Gillies.] | An adjoarned sitting was held this morning, and the following busiuess disposed of: — "Southern Cross" Company v. Dedwood Highway Board : Appeal.—The urgument in this case had been partheardat the previous sitting.—The Court adjourned to enable Mr. Bennett, for the appellants, to reply. He reviewed the arguments on the other side adduced by Messrs. J. B. Russell and \V. |L. Reus the day previous. He again nrged that the chain of succession was not broken by the repeal of the Acts so long as the identification of the several Boards following in order, and eacli receiving its authority from the last preceding, could be established —His Honor, in delivering judgment, said, in the opinion of the Court, the Boards were continuously liable under the original Act by which they were elected year by year, but when the Act under which they existed was repealed without any saving clause, the right of action became destroyed. Even if the Board were continuous in its existence, the right of action was not continuous. The right to recover was broken off as a consequence of the want of a saving ol existing lights in the Act of 1574. The appeal must therefore be dismissed.—Mr. Bennett applied that costa might not be allowed, on the ground that the point on which the appeal had been dismissed was not raised in the lower Court.—His Honor declined to give costs, on the ground that the plaintiffs tad been debarred from recovering, owing to a technical blunder in the Act. They ought not to be mulcted in costs.

In Bankruptcy. The ordinary sitting in bankruptcy was held this morning, and tho following business disposed of :— Re John Stephenson Ci'krie (Blacksmith).—The liabilities on the Ist of April, 1575, were set down at £299 12s. The available assets were set down at £101 15s, consisting of leasehold in Albert-street, allotments at Drury, some 40 acres of land at Kuipara, allotments at Pokono, scrip, and book debts. It appeared that, inadvertently or negligently, the bankrupt had not disclosed the interest in the leasehold. He said it was worth nothing, and consequently he did not think it necessary to bring it into the schedule. The bankrupt had kept his accounts badly, and the trustee represented that, owing to this circumstance, considerr.blc difficulty had been experienced in arriving at the real state of his affairs. Several payments had been made which required explanation.— His Honor addressed the bankrupt as follows : I see that, according to your final statement, and also according to the report of the trustee, within six months—that is, between 30th of September, 1574, and March, IS7s—you have gone to the bad to a very considerable extent, not satisfactorily accounted for. There was an apparent surplus of £146 in September, but on the Ist of March there appeared a deficiency of £137—that is to say, a going to the bad .to the extent of £254 in the course of business. You aro described as a blacksmith ; that business has not been depressed during the last twelvo months. —Baukrupt: There has been plenty of work, but very little money.—His Honor: That would make the debts duo to you appear the (.'reater. I cannot say that your account of the deficiency is satisfactory. What do you say to the clause in the trustee's report that your books are badly kept? —Bankrupt : I kept them myself, but I am not a regular book-keeper.—His Honor: 1 must mark my disapproval of the conduct of a bankrupt who cannot explain satisfactorily how he went alarge amount to the bad in six months, and who kept his books badly. This case is not a very bad one, but tho Court must express its sense of the behaviour of bankrupts who come before it for relief, and have not done those things which it is necessary they should do to entitle them to it. To mark my disapproval of your conduct, your certificate shall be suspended for three months. Re John M. Shore : Deed of Arrangement.—Mr. Thorne appeared for the arranging debtor. The case had been adjourned from the last sitting in Bankruptcy, to allow of time for certain notices to be served. Affidavits were now produced of the necessary notices being served. His Honor, having examined the papers, made an order declaring the deed completely executed. Re David Elliot.—The baukrupt was a contractor in Parnell. The liabilities were set down at £507 ; assets, a house in Parnell, mortgaged for £320, tools and furniture. The bankrupt kept no books, but he was enabled to furnish an accurate statement of his dealings for six months before his bankruptcy by means of receipts aud cheques paid. His Honor cautioned the bankrupt apaist the probable consequences of a trader not keeping proper books as records of his dealings. Such persons could never precisely estimate their own position, and when they were obliged to come to the Court for relief they could not expect the Court to act upon their merely verbal account of their transactions. The present bankrupt was fortunate in being ablo to give the state of his affairs pretty accurately.—Discharged. Re W. H. Shaw.—The bankrupt, in 1873, had a sub-contract under O'Xeil and Thomas, by which he said he lost £70. In August last he was indebted to nineteen creditors, to the extent of £110 Ss Od; in March last to twenty-three creditors, to the extent of £173 Is 4d, shewing a deficiency of nearly £60. The principal creditors were ! tradespeople of various kind". It appeared that the bankrupt's pay had been reduced to 58 Gd a-day, and consequently ho was obliged to incur debts while paying off old debts.—The bankrupt having passed his final examination, received his final order. Re James Lamb.—The bankrupt is an omnibus and coach proprietor. The liabilities were set down at €433 lis 4d ; assets, £110 ss; deficiency, £293 5s lOd. In this case, as in the others, the accounts were indifferently kept. The trustee complained that the bankrupt had not furnished him with blocks of the forms of his delivery book. The trustee said he found it impossible to understand the way in which the bankrupt had carried on his business, as only one book had been handed to him. The receipts were set down for the six months before filing his schedule at £011 0s 3d, and the expenditure £553 Ss Sd; shewing an apparent balance of £27 17s 7d. There were certain Bales of goods but no details. The trustee asked the Court for an order upon the bankrupt to give up the ." blocks" of the " delivery book. The bankrupt was examined as to certain payment of considerable sums—L7o to one creditor, £24 to another, about the date of his filing his schedule. He accounted for the largest payment by saying that it was in satisfaction of a bill of sale.—His Honor said he was not quite satisfied, and adjourned the further hearing for a fortnight. He Bußunss C. Murphy.—The bankrupt was described as a gentleman. The liabilities were set down at £004, and the assets £20. —His Honor, having examined the papers, said : The whole of tho debts were contracted to bill-discounters, hotel-keepers, tailors, and the like. I had made up my mind to adjourn this case tint die. If the

bankrupt wishes he may make application for the appointment of a day. Ido not feel inclined to facilitate the passing through the Court of any bankrnpt producing a statement of this kind. I intimated as much when the case came before me in-Chambers on a former occasion. I found that I had no option. I will not aid any such persons in making use of this Act to force upon the Court the consideration of cases like this with a view to their release from their debts. I will adjourn this case -vine die. —This amounts virtually to a dismissal of the bankrupt's petition. Re Richard Driller.—The bankrupt had taken some land of a person named Edwards, at Te Awamutu, and he built a hotel upon it, which cost him £300. Cut Edwards was married to a Maori woman, to whom the land really belonged ; and when the house was built she refused to sign the lease. The bankrupt's liabilities were set down at £420 103; assets, £269, shewing a deficiency of £ICO 10s. When the bankrupt found himself going "to the bad," he purchased an entire horse, but this speculation did not retrieve his position, and he turned hi 3 attention to horse-racing.—His Honor, having examined the papers, said the bankrupt had " faith even to rashness :" but from an examination of the papers there did not appear to be any misconduct on the part of the bankrupt.—The bankrupt passed his last examination, and was discharged. Re Nathaniel Lovis Josephs.—This case had been before the Court. The bankrupt was a storekeeper at Hamilton, and had built a store and dwelling-house on a certain piece of land, upon which the owners entered and seized. —Mr. Rtea applied for an adjournment.—The further hearing to adjourned for a fortnight. Re George Tiigkse, jcn.—This pro tracted case was called upon. As on previous occasions, Mr. MacCormick appeared for the Bank of New South Wide*.- -There h:-.3 been a new report tiled, which enters again fully into the transactions of the bankrupt with his estate for six mouths previous to his bankruptcy.—His Ibmer said he had only been able to read about halt this docu- I ment, and adjourned the hearing to Friday. —Adjourned accordingly. Re Jonx G. Linton'.—Mr. Brock for the bankrupt, and Mr. Recs opposed. The bankrupt occupied a farm r.t Coromandel. The liabilities were set down at £15S 15s Id ; assets, £112 10s. —The bankrupt was examined at considerable length by Mr. W. L. Recs, and gave a very clear account of his dealings.—His Honor said the bankrupt's statement appeared to be "straightforward," and granted his discharge. Henry Tonks Pyckoit.—The bankrupt was described under various capacities, in which the debts appear to have been contracted. The liabilities were set down at £144, of which about £00 were contracted at Wellington. The principal creditors were tradespeople—carpenters, grocers, &.c. It was stated in the 'trustee's report that, whilcthe bankrupt was in receipt of only 22s a week, he was living at the rate of £4 a week. —Mr. Brock appeared for the bankrupt, and Mr. Laishley appeared for the creditors, Messrs. Sawkins and Waj'te. The bankrupt denied that he had lived at the rate of £4 a week while in the receipt of only 20s. He denied that he kept a servant iu those circumstances. He thought at the time he had got permanent employment, but when he was disappointed he discharged the servant. He had a servant only a fev weeks. His family consisted of wife and child, and the so-called servant wa? only a nursegirl. The bankrupt said that since he had been in Auckland he had been a great deal out of employment. —The Judge said the case was a scandalous one. He regretted I he had no power to iulliet substantial punish- j ment. A man who, knowing he had no assets and was deeply in debt, contiuued to \ contract debts with tradesmen in the way he hail done, he looked upon as little short of a swindler. —Discharge suspended for 12 months.