SUPREME COURT

Otago Daily Times, Issue 1171, 3 October 1865, Page 5

SUPREME COURT

SITTING, OA"DKR; THE DEBTORS ANIK .CBKDITOis AOT. ■ ••■ > His Honor, Mr Justice Richmond, sat yesterday, for the parposs of hearing, appucatioiis under the Debtors and Credi— ton Act. '; , \THIB» OEABISOB. Final orders were granted hrthe follovvcascs: —Alfred Alston, John P. Arm--atronir, Catherine Ponsonbyj George 'Garaide, J. W. Robinson, AT. Campbell, John Mason, Wm. Bendall, Walter Simpiod, and Henry Nathan. Subject to the execution of assignment -in easb care, by the Registrar, final orders ; ■were granted to the following:—-James Riddell, Charfe* Calder, F. D. Hamilton, Benjamin Halliday. " . ' ' Adjourned until November 13th, but no final orders to be grauted until the insolvents, respectively, shall appear: — Frederick B. Waters, William Anderson. William H. Harrison, adjourned to November 13th; Patrick Smith, assignment varied, by making H. T. Green, assignee, and adjourned until Hovember I3th; Samuel Woolley, adjourned un'il Friday next, in Chambers, no final order until tie insolvent nppears; A. Goodwin, atljourned sine die; S. T. Bull (and also Ball and Dale), -adjourned to the next aittin" at Invtrcnrgiil; Isaac Harris, ; adjourned until Novertfber 13th, Registrar to assign, six months to be allowed for proof of debts. SECO?JI) HEADINGS. Mr Main asked for a final order in the case of Ilenry Hooper, who siood for a second hearing. The case had been facilitated a month by tiie holding of a meeting of creditors before the first hearing. , The Judge: Has ther<*been an assignment? '. ': Mr Main said that he had taken out'an order for assignment by the petitioner, \ who had assigned. The Judg« said that that was not according to. the usual plan. How had the Registrar entered the case ? The Registrar: " The Registrar to assign." The Judge: It ws possible that an assignmei.t by the petitioner, if it appeared 89 his voluntary net, might convey properly that would net be touched by an as--lignment by the Registrar; but the usual course waa the more convenient one.' The order must be varied: kt the Registrar assign to James Finch. It inlght be done during tlie day, if Counsel pleaded, so as not-todelny the petitioner. A fresh deed was subsequently presented; aufl a final order was granted.

In the fi,l!ov;ing cases, .assignment by the Registrar to the. persons named, was ordered, and the third hearings were fixed for November 13th :—Thomas Alcock, to — Heckler, settler at Waikouaiti ; Thomas Kcrr, to Wm. Kut and A. B. Smith ; Charles Alexander Rosh, to J. TV I Thomson "and J. W. Dauby (amend- \ ment of Fcherfule permitted, on I application by Mr IJnggitt); David Solomon, to <J. A. Pri'chard and F<. M. Fisher ; George Adam-*, to Wil'iun Christie "and John Hurst; William Wood, to Terence Gorman; Dugald Blue, to Thomas Culling and J. Reid; William Watts, to Gecrjre Drydc-n; John Campbell, to William Lojruif; John Dixon, to C. S. Burton and J. 11. Barr—no iinal order, until the debtor has attended for €xaminati- n. John F:annagan, adjourned, and the debtor ((he petition being by a creditor) to be allowed to file a echuoule, &c., and to apply to the Court for his discharge, after giving the .usual notices; JanitH Ij'>wi% final order;' Andrew Chapman, no appearance, strnck ont; Thouins Wallis, simr.ly atJjyurneil; William Clark, adjourned—l.o final order unless the petitioner appears. Junics Juhusion, fidjou'm-Q to Cli.imh rs on Friday next, oii opposition of John Foster—assignment to John Grey and John Foster; Pettr Wetherstone, similarly aojdurncdj-thn't His Honor may refer to Mr Justice Chapman's note of the last opposed hearing. FIRST HEARINGS. In the following eases, meetings of creditors were ordered to be convened for Saturday naxt, itt the Court House, and the second hearings were fixed for November 13th :—THot!|f;s Reynolds, jun. ; T'ir .as Learnu-nt; R. W. Shcppatd;. A .red John Talbot; Robert Scott and Samuel Mortimer; Robert Sreele;.Jubez Job' Ham; TheiKlore Rofenberg; Frederick. John. .Wiifcn; Septimus da Leon ; T. F. Roskruge, hearing on the 13th November ; Hector Baxter ; Thomas Stanbrook ; ' Cunningham G. Boyd; Chnrlts Nyalasjj Walter George Geddes; Henry Spears. . Wal'ier H. Behncft: 2>Tofc advertised. Application to be; made, to a Judge in Clumbers, to sive the first step. . Edward Jacob' Jones- and Solomon Jacobs: Settlemeafetlectcd with creditors, and case atmck out; by agreement. Timothy Burke: Meeting of creditors at Invercariiijion the 14thinstantf second hearing at Duntdln. on November 13th. { Itobert Smith : Meeting of creditors on ! Saturday; adjourned to November 13th;. no further order, unless the debtor then appears. William Kirby: Order to stay proceedings, nregar.itory to presenting a deed to take the estate out of Court: adjourned until Friday. John Ancnw: A similar order, on an agreement by the majority of creditors to accept (3d Bd. in the pound : adjournment to luesday, the loih instant. I , lvichard HtnryLcary: Order to stay,! and adjournment until Friday next; Mr J. 11. Harris to be then heard in oppotition t» the (la d, hn the ground of fraudulent disposition of some "of the estate. John M'Cte-n: A similar order and notice of opposition ; M'Cleao arid Lcary j aavui» carried on business as '.' J. M'Clean at;d Co." . Hyam H ar t : Order to staj', and adjournment until Friday. 01T0SED CASES. j Re Anges M'Rak. — This insolvent >rtne UP for his adjourned third hearing. Air Y\ ikon appeared for tiie intolvent, who was opposed by Mr T. H. Johnston, a creditor. In reply to Mr Johnson, the Insolvent it t never removed any furniture from the I'elegiaph Hotel, prior to the fire, tq a cottage rented from Mr Dale; nordid .•-lever.rent such a cottage. I am not aware of my wife handing money, with wines and spirits, to Mra PercivaL 11

know a Mrs FercivaJ* who lived near the hotel. '■" m . \ ~.« -■• '• 'By the Judge: The bailiff* vteto :m possession :sdme time before -the fire; I never removed a'stick' of any kind prior to the fire. IhaVe been at Hokitika since the fire; Ttook up* little bit of a stand forV store; butl did not put Soy" place on it, nor did I have any goods. By Johnson: Isold the stand again. : I :have had a public house there; part of thegoods I got from Hawkes: and- Strauss, of Canterbury,-and paid them for them. I got LI2O from the sale of the stand (or eHe). The bouse I put up was worth L2OO ; I made a little money iv a shanty before I built'the public. house. 1 have not the house now. I did npjt.sell .it.; I have not failed in Hokitika. I was insolvent in Dunedin when I had the Bath Hotel, George street, and took the benefit of the. Act. I have not made-a' .deed ■■'of •assignment at Hokitika. I made a composition with my creditors there-rl gave tbem everything I had. • - ■ By the Judjre: I was forced to that, because some of the creditors under my present fchetiulc came upon me. By Mr Wilson: When I filed my Bchedule, the landlord was in possession for rent; shortly afterwards, the hotel was horned down, and I saved nothing at all— not even my own cloib.es or my wife's. The fire commenced two or three doors off, and the hotel was burnc'l down within 20 minutes'of the alarm. I was at Hokitika very early in the rush, and was doing very well, until some of the old creditors came upon-me. -My- new creditors did not at all interfere. My passage was paid by friends. Johnson was examined : I am a plumber and gas-fitter, in Moray Place. On the evening when the hotel was on fire, I- ; af-siflhd to clear it out. Nearly every bit , of furniture was got out, and even the gas fittings were taken down, ,and properly removed. There was very little furniture in the place. I had noticed the disappearance of furniture prior to the sequestration. There was no stock of wines and spirits at the time of the fire. He had got the Telegraph well furnished—not expensively—and never paid for anything of it; the bar fittinps were in.when he took the place. What I want to know is where the furniture went before the fire ; for I noticed the pace getting barer.By Mr Wilton: I did not attend the meeting of creditors htlil in this Court. I did attend a meeting in your office. I Mated a good deal then —but I don't recollect whether I said anything about the removal of furniture.

M'Rae recnlled by the Judge: What furniture was saved at the fire, was thrown out of the wii.do^vs ; aud that the T bailiffs got. The greater portion was burned. I never did pawn or remove a stick. There was a-good■ deal* of furniture; one set of chairs and a sofa, for which I paid L2l to Moran, was wholly destroyed. The Judge thought there was no reason for withholding the final order; and His Honor ordered accordingly.

Ek Jon.v Matuews.—This was a third hearing. Mr Turton opposed the. petitioner, for whom Mr Harvey appeared.

The Insolvent,-in reply to Mr Turton, said : I did live at Oamnru. My schedule contains a full and true statement of all assets. 1 'allege as one cause of my insolvency, having had to support my late pnrtner; his name is David Robert Jones. We were .wheelwrights and blacksmiths at. Oamaru. I recollect a meeting of our .creditors at Oanr.aru, on the Bth April. I was pressed for a statement ~of liabilities, and I gave it as ncilrly as I could do,so. In that statement, there appeared " ledger balances,' L'2G5 Is, 7' as an asset of the firm; and I valued ocr .plant'and stock-in-trade at LIBO. There is an item, "good?, as per Traill a?)d Itoxby's invoice, L 350:" theywere agricultural imp'ements'we had on hand. In the schedule afterwards prepared, the assets are stated at L3O in addition to book debts. .All the implements had been s >ld- under executions, the creditors having come oh us one after the otiier. The book debts- have not been collected. It is not true that I made pver the greater part of the'"debts to Mr Macindoe for a consideration, or at all. The amount "of assets I stated at the meeting included a suns which Jones owed me: I had borrowed Ll5O from Macindoe, to pay oft" Reeves, with whom I was formerly in partnership ; and I afterwards sold him L3OO worth of book debts for L2;30. That was in January, 1865, before I went into partnership with Jones. Of course, Macindoe stopped the LISO for his debt ; the other LIOO has'been paid away in business, and my books show the items. The sale- to Mucincloe was a pertectly hona fulc transaction. I did not return any part of the 1/250 to Mr Macindoe. I got the lilOO balance, and I used it honestly in my businca-i. There was Ll5B due to me by Jonts. for coming into the business, and I was" willing to give that up. I included it in my assets at the time of thcraeeting. I was advised to sue Jones for L2O only, in the Ke.-idtnt Magistrate's Court, Oamaru, giving up tbe rest- of. the debt. I got judgment for the amount Jibuti had to pay LlO for bringing Jones down here to gaol,' and the'coats in other ways left irie 30s out of pocket. i |' The Judge thought that the discrepancies between the schedule and the state* mc-nt at Oamaru had been satisfactorily explained. ".'. " Final order granted, subject to assignment by the Registrar. Re Akeaham Moses.-—Mr Ward ap-1 peared for the petitioner, who came up for his second hearing ; and Mr Barton oppost d, on behalf of Mr I. Herman. ', The Insolvent was examined by Mr ; Barton... He said.: Lain..a fancy dealer. I am not carrying on business ia ■my own name, but' only as manager for Mr De Carle. He paid a composition to my creditors, about 18 months ago, and'took a billof sals over everything "I possess. I have not been able to. do more than just go on paying, expenses bo far. Mr -De j Carle has a young man behind the counter— Robert C'arr, who w as my shopman before Imade the composition. I draw what I want from the takings—L6, L 5, L 2, a-week a? may be. The premises I occupy belong to Mr Marks. lam the tenant; sometimes I get a cheque from Mr De Carle for the rent, sometimes I pay it without getting a cheque. I have bought stock since: my insolvency ; Mr De Carle gave me the money, or he had to cay "good" for me in each case, before the sellers would give me credit. Mr De Carle paid all the bills given for my composition—four, and cix months; or, at least; he gave me Ithe money for them.* The composition was1 5s cash, and two half crowns after—one on. De Carle's security and the other oa mine.

De Carle paid the ss. out of his pocket; and'-1 gave him tbe: shop takings daily.'. The whole composition amounted to LIOOO. The debt due to Mr;l>e' Carle has increased, because I. could, not carry on business without • replacing stock, and he found -money; v the amount is now LBOO. I dpi not tknow": whether, from .the sth July, 1864, to the present time^ I have made a profit in the business or not— there may have been a few pounds over ; I but, you: know, rent and expenses have to j Ibe paid.'' From July," 1364, up to-.the 21st j June, 1865, when my petition was accepted, I had carried on business. Mr De Carle paid the whole composition—bills as well as cash. I gave him nothing but the shop takings; and in the' whole, the debt has now growri larger; When the six months' bills fell due, I could not meet them, and I went round to the creditors, who had to take De Carle's biljs;forthe amount. The rent I paid used to be L 32 a month; but is now only Lls. .... By Mr Ward : Mr Barton's client was one of the parties to the composition; and there was a general agreement that Mr De Carle should take all I possessed for the composition of 10a. The purchases of goods since the bill of eale were really by De Carle; he cave bills for the goods and took them up afterwards. It has been the citnebefore and since my insolvency. There was some argument by counsel, Mr Barton asking that the insolvent should be directed to supply a statement of the stock acquired since the composition. The Judge thought that Mr Barton was entitled to have the current account between the insolvent and De Carle, but nothing more;, and.the production of the account was ordered. ■ . . : Mr Ward undertook that Mr D«s Carle should attend at the next sitting; he would have been present to-day, but that he was out of town. . The hearing, .was adjourned to Friday next, in Chambers; the JuJge stating that he was inclined to accede to Mr Barton's application, that Mr Hermau sbonld.be appointed trustee. The Court was atljourp.ed until this day (Tuesday), at ten o'clock.