LAW AND POLICE.

New Zealand Herald, Volume XXXIII, Issue 10045, 4 February 1896, Page 3

LAW AND POLICE.

SUPREME COURT.-In Bankroptot. Monday. [Before Hia Honor Mr. Justice Conolly.] RELEASE OP OFFICIAL ASSIGNEE. On the motion of Mr. McAlister, tho Official Assignee was released in respect of 26 bankrupt estates, the affairs of which had been closed and accounts furnished. ORDERS OF DISCHARGE. In the bankruptcy of Thomas Fisher, Mr. Stewart appeared and applied for an order of discharge to be granted to tho bankrupt. Mr, Stewart said a number of papers had been filed j since the application was first made, and if His Honor, on the papers before him, could not see his way to grant the application, be would ask leave to withdraw it. His Honor said ho could not grant] tho application on the papers before him, as he was dissatisfied about the property which had been made away with before theactiou was brought. The bankrupt had not attended or given any explanation. The Official As9igneo had done his duty, and in fact had gone out of his way to obtain information. The application was dismissed. Patrick McMahon, a bankrupt, applied in person for au order ot discharge, He was not present. Mr. McAlister said the Official Assignee was satisfied that the man had not the means to appear, and ho would move for the order on his behalf. The order was granted. Mr. Cotter moved that orders of discharge bo granted to William Tullibardino Murray and Mary Elizabeth Margaret Murray, bankrupts. Mr. Cotter said it was a most unfortunate case, for what the bankrupts had looked on as a permanent investment in the Loan and Mercantile Company had turned out a tremendous liability, and tho ( creditors warmly recommended his discharge. He might say that, apart from this liability, they would endeavour to pay all the other creditors. Mr. McAlister said it was a case of unmerited misfortune. His Honor said this case was even worse than that of aman placing his money in a bank and losing it, for they not only lost all they expected to receive, and everything they put into the institution, but seven times more than tho amount put in. He observed that, apart from this liability to the Loan Company, the bankrupts wero perfectly solvent. The order of discharge was granted, thero being no opposition. Mr. Parr applied for an order of discharge for John Henry Gnnn. He said G/unn was a working miner with a wife and large family to support. Tho liabilities he incurred wero for necessaries for himself and family when he was prospecting in Coromandel, and he was compelled to file as the storekeeper to whom he was indebted had obtained a chargingjorder against his wages, which were only 8s a day. The bankrupt was called, and in answer to Mr. Parr he said he had no income except his wages, and had a wife and seven children to support. One creditor had obtained an order against his wages, and another threatened to do tho same this ! month. He had been out of work for more than two years beforo the last year. In answer to Mr. McAlister he said he had , no mining shares, although ho had been promised an interest in a claim in Tokatea, but he never got it. In answer to His Honor the bankrupt said all his debts, amounting to £175, were incurred whilo ho was prospecting. Ho had now been in regular work for about 18 mouths, and paid his way all that time, besides paying something oil old debts. He admitted ho had a son earning regular wages, but he was not living with him now. Ho paid for his board whilo living with witness, but he left in November last. His Honor said it was not a satisfactory case, but the remarkable thing was that a man in his position should get credit for an 'amount which he would hardly earn_ in twelvo months. Thero being no opposition, the order was granted. Mr. Baume appeared in support of an application for an order of discharge for John Sullivan, a bankrupt, and Mr. Burton appeared for two creditors to oppose the application. Mr, Bauino said the bankrupt had been a miner for many years. The statement showed that the liabilities amounted to £170, but only two creditors had proved, and these only for £3'l. In reference to promoters' shares held by bankrupt's wife, Mr. Bauino said there had been no expenditure of money, but Mrs. Sullivan was tho holder of a miner's right which she lent to a man to peg out, and apply with others for 10 men's ground in which she got an interest, and she had owned this miner's right before her husband became bankrupt. He was a man with a family, and had been out of work. The bankrupt was called, and in answer to Mr. Baume, said ho had been mining for 20 years, partof the time prospecting, and when hecould work for wages ho took it. Ho went to Kuaotumi from Coromandel about four years ago, .and whilo there ho contracted debts amountinn to £31 18s Gd. He got two summonses, and had to file. For about three months .before he filed, he was working a contract, but received nothing out of it, as tho mail went away, and as soon as he went to work for wages, he was pushed for the money ho owed to the storekeepers, and he had to file. He had paid his way for about three months before ho filed. Witness had no interest in the claim or company in which his wife was a shareholder (tho Prospect Gold Mining Company). She got that interest by virtue of a minor's right which she owned. He had no shares anywhere. Tho bankrupt was cross-examined by Mr, Burton. Ho said he knew his wifo had a miner's right, because she told him so. His wife worked at dressmaking, and helped to keep the house. He did not know who went to the Warden's office for the miner's right, and could not say whether he did so himself, it was too long ago. Witness had money transactions with Mr. McShcffrcy, contractor and carter, and arranged for the sale of an interest to him before Christmas for £60. His wife authorised witness to sell two shares for her, and he signed for his wife, and gavo a transfer, but ho believed he signed his wife's name. The interests he sold were in the Prospectors Extended Licensed Holding, not in the brilliant. Ho knew no such claim. Ho denied having acquired a cottage and paddock from Mr. Thompson through the salo of mining shares, or in any other way, and neither had his wife, In reply to Mr. McAlistor, witness said his eldest boy, tho oldest of eight children, was 14 years. Witness had not a miner's right at present, and did not know whether he had one last year or the year before. Ho had held miner's rights, but had not renewed them. He did not take up a resilience aroa under a miner's right, nor had his wifo done so. The witness was cross-examined at some length in regard to further alleged mining transactions, after which he was re-examined by Mr, Baume. His Honor reviewed the case, and refused tho order of discharge. POLICE COURT. -Monday. [Before Mr. |U. W. Northcroft, S.M.I Theft.—Kato Hindi pleaded guilty to having stolen three sugar bags, valued at Is, the property of Dr. Haines, on February 1, and she was sent to Mount Eden for seven days. For having been drunk, on January 14, sho was fined ss, with tho option of 48 hours' imprisonment. Chimney on Fire,—James Howard was fined Is, with costs, for having allowed the chimney of his house at Dovonport to catch fire. Larceny.— Reardon was charged with having, on February 2, stolen ono canvas bag, containing clothing valued at 103, tho property of one Nelly Clyno. Accused was remanded until the following morning. Remanded.—A case against a little boy named James Lowe, of having stolon £5 10s 9d from the dwelling of Catherine Murray, Archhill, was adjourned till Saturday. Bakers in Court.— McKeown, Duncan McNab, Walter Buchanan, Thomas Wilson, James Davis, sen., William Stevenson, Jane Howie, Walter Smith, and Thos. Wheatcroft were charged that, being bakers, they did not, on January 22, at the time of baking, legibly stamp upon every loaf tho figure representing tho weight thereof. Buchanan, Davis, Stevenson, and _ Jane Howie wero further charged with having on the same dato failed to carry proper scales in their carts. Sergeant Gamble conducted the case for the Inspector of Weights and Measures. Mr. Thomas Cotter appeared for Messrs, McNab and Wilson, and Mr. G. N. Brassey for the rest except Stevenson, who conducted his own case. Mr. Cotter said the prosecutions for failing to stamp tho bread were the first under the new Act, and so far as his clients wore concerned they were really not acquainted with the present law. The Legislature had so often altered the Acts relating to bakers that it was no wonder they became confused. Mr, Brassey took up tho same ground with regard to his clients also. Under the circumstances His Worship decided to convict ttm defendants and dismiss them. In the cases of failing to carry scales, each of the defendants was fined 203, with 7s costs, excepting Stevenson, who brought evidence to show that he had scales on his cart on ths date in question. _, Alleged Breaking and Ectebino.William George Walker was charged that on January 29 ho did break and enter tho dwelling house of ono Edward Bowdci, with intent to commit a crime. Senreanc I*' 1 "™ 0 conducted the prosecution, and Mr. W.J. Napier appeared for the accused. After hearing the evidence, with the consent of tho police, the charge was reduced to one ot attempted theft. Accused then pleaded guilty, and His Worship remanded him tor the report of the Probation Officer.