SUPREME COURT.

Otago Daily Times, Issue 1755, 15 August 1867, Page 5

SUPREME COURT.

•-SITTING UNDER THE DEBTORS AND CREDITORS ACTS. , His Honor, Mr Justice Chapman, sat -: .yesterday,. by adjournment, for the pur"pose of hearing an application in re James ;!Ure RusseU, a prisoner for debt. On taking his.seat, j :. The Judge said : Theßegistrar informs ime that, in this case of RusseU's, there has been no advertisement. Therefore, I •--cannot proceed until 14 days, at least, ■rafter advertisement in the Gazette; and the hearing cannot be before the 30th .^September, which is fixed for the next ; sitting in Insolvency. -Mr Ward (for Mr H. Smythies, the=detaining creditor) would, ask His Honor to ■fix the hearing for September 30th. As iiheir examination was intended only for - the purposes of, discovery, perhaps RusseU would not object to be examined before His Honor. . The Judge: Ido not know that I have --any jurisdiction, until the statutory notice ... -bas been given. Even the consent of the parties would not be enough. Mr Ward thought that the case was twithinthe jurisdiction of the Court, the petition for sequestration having been accepted. The Judge : There must be a new appointment. Possibly, I might examine -•jßusseU, with a view fco his discharge. Mr Ward: It is not at all our desire to keep him in prison, if he wiU file a schedule He can only get out by becoming an insolvent, and consequently filing his -schedule, or by the consent of his detaining creditor. We simply want to know "Whether he has any estate, and, if so, what he. has. The Judge: I wiU say this—lf Mr RusseU files Ins schedxde, even before the .period of the notice by advertisement expires, I wUI, in Chambers, hear an appli- - cation for his discharge from custody, .Mr Macassey said that, out of consideration for the infirmity of the Solicitor by whom he was instructed—and from - deference to a remark by His Honor on the last occasion—he had gone out of his way so far as to visit RusseU in Gaol. At present, he could only suggest this— ' Taking it for granted that the Court had no power in the matter to-day, yet, if the

estato was assigned to fcho Inspector The Judge : I have said that, upon the acceptance of RusseU's own petition, I will entertain an application for lus discharge. Ono of the conditions of acceptance of his petition is, that ho shall file his schedule.

Mr Macassey: If there is anything like an undertaking that, after the schedule is filed, there shall be no opposition to his discharge, I will recommond that a schedule shall bo filed.

The Judge : Under any circumstances, when he has filed his schedule, I will, in Chambers, entertain au application for his dischargo.

Mr Ward : Upon his filing a proper schedule, wo -will not, under any circumstances, oppose his dischargo from Gaol. Mr RusseU : I havo, your Honor, independent of this application, resolved to bring tho matters of this caso fully before the Court.

The Judge : You will bo at liberty to mako a motion when I am sitting in Banco ; but it must bo upon affidavit. I shall sit in Banco on Friday, and then you may bo beard. I havo no jurisdiction, and I havo no dosiro, to hear tho wholo history of your affairs with Mr Sinythios. You may make a motion; but it must bo a specific one, asking the Court to do something which it has tho power to do.

Mr Russell: If your Honor would allow mo to read a note I have here

The Judge : Not now; in Banco, fi At present, I am sitting in Insolvency only. I only warn you, now, that tho motion you mako must oe one which I can entertain, and that the facts upon which you ground that motion must be sot forth m an affidavit.

The Court was adjourned until September 30th.