LAW AND POLICE.

New Zealand Herald, Volume XXVI, Issue 9261, 15 January 1889, Page 3

LAW AND POLICE.

SUPREME COURT.— Bankruptcy. :■ :.;■:'.•':. 'MONDAY. ■"' v: ,' ; : • [Before His Honor Mr. Justice Gillie^]/ Close op Bankruptcy.—On the m</bjon of Mr. Cave, who appeared for the Official Assignee, the following bankruptcies were declared closed :—Albert Say Board, James Slator, George Penny, Henry Edward Woollams, Arthur Robert Dendy, Arthur St. George Forbes, George H. Brewer, Edward Hadfield.

Release of Assignee.—Mr. Cave moved that the Official Assignee be released in regard to the bankruptcy of Henry Waddington Smithies. The application was allowed to stand over, and a similar application regarding the bankruptcy of Edward Hadfield was granted. Discharge. — Mr. Mahony applied for an order of discharge in the case of Arthur Robert Dendy. There being no opposition and no objection on the part of the Official Assignee, the order was granted. Mr. Brookfield made a similar application in regard to Wm. Duuwoodie. Mr. Mahony appeared in support of the application, and it was granted. An application regarding J. P. Lennard was allowed to stand over as the wages had not been paid, and an application regarding Walter Stimpson was arranged between Mr. Campbell and the counsel for the opposing creditors to stand over until after the long vacation. On the motion of Mr. Campbell an order ol discharge was granted to Geo. Clayton Deverill.

Proof of Debt.—Mr. P. Oliphant appeared in support of an application for admission d his proof of debt in the estate of William George Allen. Mr. Cave appeared for the Official Assignee. The debt was £28 l§s, a, Joss sustained by applicant on a guarantee of £50. The Official Assignee declined to admit the proof of loss .on the grounds that he had the security to value, but Mr. Oliphant stated on affidavit that he had no security to value. He bought the. property as agent for Mrs. Allen, the bankrupt's wife, for £30, but this did not appear on affidavit, and His Honor pointed out that there was no contract between Mr. Oliphant and the debtor. He was only security to a mortgagee, and he could not be in any better position than his principal who had stepped in, and sold without valuing his security. He was nob, in fact, in the position of a surety, as he had no arrangement with the mortgagor, and he therefore had no claim against him, and could only come in in the position of the mortgagee, who was bound to value the security and offer it to the creditors, and the Official Assignee said that he would have "accepted the property at the price at which it sold. He was afraid Mr. Oliphant could not come in, as the principle was exactly the same as that which had been decided by the Court of Appeal. Mr. Cave applied for an order as to costs. The application was -dismissed, with costs, £2 2s.

Adjudication. —Mr. Campbell moved on creditor's petition that Albert Henry Trubshaw be adjudicated a bankrupt. Mr. Theo. Cooper appeared for the debtor, and as there had been an act of bankruptcy he consented to the order. Order made accordingly. ... Eliza Warmoll.— Cave moved to have a certain deed of settlement or declaration of trust declared void as against the Official Assignee. This application by arrangement was allowed to stand over for a week.

Proof of Debt.—Mr. Brassey moved for admission of the proof debt of Fanuy Stevenson, in the bankruptcy of Robert Stevenson. Mr. Cave appeared for the Official Assignee. The applicant was the debtor's wife, and the claim was for £62 10s for rent, but the Official Assignee refused to reoeive proof of debt, under section 5 of the Married Women's Property Act, under which she was only entitled to claim after the other creditors had been satisfied. She now appealed, and contended that she was not affected by that clause, the claim being for less than half a-year's rent—namely, for 25 weeks' rent of two shops in Newton Road, in which the debtor carried on business as grocer, etc. Affidavits were lodged in support of the application in which the applicant alleged that the shops were her private property, and she had no interest in the business carried on by her husband. This was supported by an affidavit by the debtor. Answering affidavits were filed by the Official Assignee, including the sworn statement of the applicant made before him, from which it appeared that the shops were sold by auction, and brought for her by Mr. Thompson in ISS6, whom she did not instruct or consult prior to the sale, and there were further affidavits by the auctioneer, Mr. Kingsley (G. W. Binnoy and Co.), who sold the bankrupt's effects by order of the Official Assignee. The latter stated that the bankrupt referred to the rent, and he told the debtor that of course the- rent must be a first charge, and would no doubt be paid by the Official Assignee if due ; but he denied having given any guarantee that it would be paid as alleged by the debtor in his affidavit. Mr. Brassey argued that the case did not come under section 5 of the Married Women's Property Act, and that therefore the applicant was entitled to the rent due by the bankrupt's estate. After hearing counsel, His Honor said that as to the justice and honesty of the claim he had no doubt. Her own evidence showed that, but without further consideration be was not prepared to say how far section 5 of the Married Women's Property Act applied. He would take time to consider the question.

Revival of Bankruptcy.—Mr. Brassey moved that the application of Frank Winter and Pierce Lanigan to revive the bankruptcy of Henry A. H. Hitchensbe dismissed with costs. Mr. Alexander appeared for Messrs. Winter and Lanigan. After hearing counsel His Honor held that the application had lapsed and application for costs should have been made at the time.

Public Examination. —Mr. Cave moved for the public examination of John Roberts, a bankrupt. Mr. Hudson Williamson appeared for the debtor, and Mr. Campbell for the principal creditors. This was an application for the exercise of the summary jurisdiction of the court on the grounds that he had with intent to conceal the true state of his affairs, failed to keep proper books. At the opening of the case, Mr. Williamson contended that the offence under sub-section 4 was not that he had not kept books, but that he had kept them unfaithfully. His Honor said the meaning was not only that he should keep proper books, but keep them truthfully to set forth the state of his business. The object was to prevent people defrauding their creditors. Mr. Williamson said it was admitted that no books had been kept, and all that could be said was in mitigation of sentence. The prisoner was then sworn, and his sworn statement before the Official Assignee was read. The debtor had carried on a grocery business in Ponsonby, and it will be recollected he alleged he lost his pocketbook containing £130 from his pocket. The only book he kept was a record of goods sold on credit and no cash book. In answer to Mr. Campbell, the debtor stated that he had previous to going into business this last time been about five years in business, and was about eleven months in business when he filed. His wife purchased a ledger at Murray and Spencer's, but he was not fit to keep it. He knew nothing about books, and the only entries made were in the book produced (the day book), and the book purchased from Murray and Spencer was not used, and he had nob given it to the Official Assignee. The accounts were made up largely from information he furnished to Mr. Waymouth. The £130 which he lost was all in notes, there were two twenties, two tens, two fives, and the rest in single notes. The witness was cross-examined as to his

statements regarding his business profits, etc., and his transactions. He never thought of telling Ins creditors that he was carrying on business at a loss, as he thought things would improve. He was questioned as to how it happened that the accounts made up by Mr. Waymoubh showed that he had paid away more than andabove what he had received. He said he did nob make up the accounts, and did no); understand them. _ In reply to Mr. Williamson, the debtor said he had been in the colony 25 years, having come from Melbourne with the Volunteer*. He h x never been brought up to any business. About eight years ago he commenced business— greengrocer and butcher's —which his wife looked after and he did express work. After he had been in business for five years, his wife leased the business to a Mr. Hutchinson, He was about a year and ten months before he commenced this last business. His present creditors were those with whom he had previously dealt and paid cash to to considerable amounts. When he went into

business, he had properties at the Great North Road and at the Pines, and his liabilities were nil. He went back to the same shop that had been let to Hutchinson, and the latter started an opposition business and undercut him. With regard to the loss of the £130, he went to pay a bill due to Mr. Nathan which would be due next day, and he had other bills to pay. Besides the profits of bis business, this included £40 he had received from Mr. Thome, for the equity of redemption of the Great North Road property. When he lost the money, he advertised the loss. Subsequently Mr. Nathan pressed him and he had to file. Had he not lost that £130, he could have carried on. He had, since resuming business, paid Mr. Nathan more than £100 at a time, chiefly in notes. At this stage the Court adjourned until next Monday at eleven o'clock.

POLICE COURT.—Monday.

[Before Messrs. Moody and King, J.P.'s] Drunkenness.One person was punished for a first offence. William Kelly and Andrew Williamson, who had been under treatment at the Hospital, were fined 5s and ordered fro pay the cost of treatment, and also cab fare. Joseph C. Lee was fined £2, with an alternative of seven days' imprisonment, and Kate Hinch, for habitual drunkenness, was fined £5, or to undei'go in default 14 days' imprisonment. Larceny.—James Walsh, who pleaded guilty at a previous sitting to the larceny by false pretences of a number of bottles, was again brought before the Court. The report of the Probation Officer was unfavourable, and prisoner was fined £5, or to undergo, in default, three months' imprisonment with hard labour. [Before Dr. Giles, K.M.] Licensing Laws. — Samuel Cox was charged with having on the 7th and Bth instant sold liquor—viz., beer—to Constable Stewart, at his restaurant in Queenstreet, nob being duly licensed. Mr. Cotter appeared for the accused. Inspector Broham stated that Constable Stewart was at present in the Hospital, and the case was remanded for eight days.

[Before J. S. Clendon, Esq., R.M.] Alleged Vagrancy.James Evans was charged with begging in Custom-street, and with having no lawful visible means of support. The prisoner did not appear, and Sergeant-major Pratt said that he was in the Hospital. The case was remanded till Tuesday. Absent Without Leave.—Geo. Miller and John McKinley, two seamen, were charged with being absent without leave from H.M.s. Rapid. The case was remanded for eight days. Valueless Cheque.—George H. Mason was charged with obtaining, by means of a valueless cheque on the Bank of New Zealand, Thames, the sum of £5 and goods to the value of £3 from Charles and Edwin Barker. Sergeant-major Pratt said that there was another prisoner charged with this offence, and the present case was therefore remanded to the 18th inst., bail being granted. Assault.—Charles Clarke was charged with savagely assaulting John Bell, at Hobsonville. Mr. Baume appeared for the defendant. Evidence was heard, and defendant was fined 20a and costs.