SUPREME COURT.—IN BANKRUPTCY.

Otago Daily Times, Issue 3031, 24 October 1871, Page 3

SUPREME COURT.—IN BANKRUPTCY.

«- _ I Monday, 23rd October. i {Before His Honour Mr Justice Chapman.) ADJUDICATIONS. The following persons were adjudged * bankrupts:—John-Nelson, of Waihola Gorge, limeburner, on the application of Mr Cato- ■ more ; meeting of creditors, 31st inst. Isaac Buckley, of Woodhaugh, near Dunedin; - meeting of creditors, 7th November. Thomas Perens, late of Stotfold Station, runholder, now of Oamaru, on the application of Mr. " Turton, instructed by Mr Kenyon; meeting -1)£ creditors at Oainaru, on the 2nd November. APPOINTMENT OF TRUSTEE. An order confirming the appointment of a trustee in the estate of E. A. and R. Julius, late of Rugged Ridges, Waitaki, runholders • -and sheep farmers, was granted on the application of Mr Turton, instructed by Mr Kenyon. November 13th was fixed for the bankrupts' last examination. DAY OF EXAMINATION. The 6th November was fixed for the final • examination of the following bankrupts :— ' Creorge Horton, of Dunedin, dairyman, on the application of Mr Catomore, instructed by Mr Harris ; Thomas Farrell, of Dunedin, hotelkeeper, on the application of Mr Catomore. APPLICATION FOR LEAVE TO PROSECUTE. Mr Stewart apjJlied for leave to prosecute Andrew Hamilton, of Oamaru, imder the - 308 th section of the Bankruptcy Act, for a misdemeanour. Hamilton had been ad- . judged bankrupt, but failed to surrender ; a certificate to that effect had been given by His Honour Judge Ward, and counsel now wished to get a certificate under section 308, approving of the prosecution, and giving coats to the trustee. His Honour said he should like to know -something about the circumstances of the - case, before he granted an order—everything was left to discretion. Mr Stewart replied that the fact that Hamilton had not surrendered was the only ■circumstance which he had to relate. He had asked to commence the prosecution in that Court, but his Honour Judge Ward seemed to think it would be better to commence it in an inferior Court, in the ordinary way. Under section 305, the Bankruptcy Court had the same jurisdiction as a „ justice of the peace, in the initiation of such proceedings. His Honour said it seemed rather hard to -ask the Court to approve of a prosecution when it knew nothing of the circumstances. Mr Stewart submitted that the fact of Hamilton not having surrendered was the - only circumstance of which the Court need be informed. There was no doubt about the misdemeanour having been committed; the only question was whether the Court should _ give a decision entitling the prosecutor to obtain his costs out of a particular fund. His Honour said that where an obvious discretion was left to the Court, it ought to be informed of some circumstances to move that discretion. If the prosecution was a matter of course, why had not the Legislature said so ? and. if it were merely a ques- " tion of costs, why, as in other cases, had not the Legislature enacted that there should be - a certificate of the Judge, after trial, as to - costs ? Besides, it placed the Court in -an unpleasant position, because it made the Court both prosecutor and judge. Mr Stewart replied that that was not intended. A sixmcient case had been made -out why an order as applied for should be , granted. After some further remarks, His.Honour said he was not quite satisfied -about the matter, and would therefore take time to consider it. APPLICATION FOB A CERTIFICATE OF DISCHARGE. Arthur Anthony Smith, of Oamaru, carrier.—Mr Catomore appeared in support of the application for a final order, and Mr - James Smith examined the bankrupt regarding the circumstances under which he purr chased four horses in June last, and also ■- some drapery from Messrs Moss and Toohey. There did not appear to be any ground for ■opposing the application. The issue of the bankrupt's certificate of discharge was susponded, pending the production of the report < of the trustee."