LAW AND POLICE.

New Zealand Herald, Volume XVIII, Issue 6031, 17 March 1881, Page 6

LAW AND POLICE.

, ..MEETING OF CREDITORS. ; ; Re; John Daijjeth.—The - debtor -was' de-j scribed, as a farmer, of Papatoitoii .The liabilities were set down at £90; assets, £15. Mr. Thomas Macffarlane was appointed trustee.

SUPREME COURT.—March 16, [Before Jlr. Justice Bichmond.]

The ordinary sitting in banco was held | this morning. Law Practitioners Act.—Mr. Edwin. Hesketh applied that Robert William Dyer be admitted to practice as a solicitor and barrister of the Supreme Court.' The papers of the. applicant were in order. The order was made accordingly. Ix the Estate of C. D. Hammertoe, ex parte Uxcles—Appeal.—Mr. Hesketh and. Mr. Samuels, of Taranaki,-•: for the appellants, and Mr. Fell for the respondents. This was rather an important case, arising under the bankruptcy law of'the colony. Early in the year.lSSO Gervase Disney Hammerton, of Taranaki, being unable to meet, his engagements, called his creditors together and offered a composition-under. 12S-129 sections of the Debtors' and Creditors' Act, 1876, to be. guaranteed by three persons to be approved of by the creditors. The creditors appointed three business men as accountants to investigate the debtor's affairs, and report as to what composition the . estate would fairly yield.' I Ultimately 3s 10d in the pound was accepted, Messrs. Davidson, Wells, and Uncles being the guarantors. A deed of'" arrangement, composition, and assignment" was executed, Messrs. Simpson and Richmond coming in as trustees, whose duties were to be to enforce, if necessary, the payment of the guarantee, and to admit or reject claims upon the estate which was assigned to the guarantors as security for the'payment of the composition. The National Bank of New Zealand held certain securities upon the' property of the arranging debtor, and a rule nisi was applied for (ex parte Uncles) to direct the bank,to give up those securities-for-the purpose of being cancelled. On motion to make rule ■" absolute, "Mr. Samuels showed cause) and objected to:the jurisdiction and to.the form of the rule. The rule was to the following effect:—"That the said National Bank of New Zealand (Limited), , being a secured creditor in the estate : of the said •• Gervase Disney Hammerton, has proved its claim," &c, without having either realised its security or having stated in its proof the particulars thereof, or the value at which it assessed the same, and that the said bank has elected to prove for; its whole claim upon the said estate and to take the benefit of the deed of assignment and composition of the said Gervase Disney Hammerton in respect of its whole.debt. The bank had had proved its debt by I affidavit for the purpose of voting for the declaration of complete execution. of the deed. Their claim was £8690 12s lOd.and the affidavit was in. effect that the deponents iliad received no security whatsoever over|the property of the debtor. The total'liability' of Hammerton to the bank was £11,290.123 10d. The difference in the above two amounts was represented' by.' a personal bond given by Hammerton for £2600, ! to secure advances made, to the bank to one Courtney, and the bank 'maintained their right to hold this over the debtor, The Court below orderedthe bank to reconvey the property represented by the securities to the assignees of Hammerton's estate. The bank appeals against the decisoh on the ground of the jurisdiction, that the decision is bad in law and equity, that the proceedings in the Court below were irregular in point of form. Mr. E. Hesketh was heard in support of the appeal.—The case had not concluded when the Court rose. Bankruptcy. Deed of Arrangement.—T. W. J. Bell(trading as Ryan, Bell, and Co.) applied that an order be made to declare the deed completely executed.—Mr. Tyler appeared for the arranging debtor. : —Order madeas prayed. Discharge.—Samuel Vivian came up to apply for his discharge.—Mr. R. Browning appeared for the debtor.—Final order made, veale Harness applied for his discharge in person. The papers were in order, arid the debtor received his discharge.