SUPREME COURT.

Otago Daily Times, Issue 16687, 6 May 1916, Page 3

SUPREME COURT.

Fbeday, MSY 5. (Boforo his Honor Mr Justico Sim.) EN BANKRUPTCY.

In ro Thomas Archibald Calicndcr.— Motion for an order waiving condition imposed in existing order of discharge.—Mr A. C. Smith appearod in support of the motion, and Mr \Y. L. Mooro to opposo it. —Mr [Smith stated that bankrupt had paid a certain amount in pursuance of the condition imposed, but he had since married, and had now a -vvifo arid child to support.— Mr Moore pointed out that the notice of motion had been served only 011 Wednesday, and ho did not know whether all the creditors had had timo to consider th'-> matter. Tho reason for appearing was that banicrupt had mad© ropeatod 'promises to the official assignee, which ho had broken, and tho assignee know of no reason why Callendor should not pay. It was too kto now for tho motion to bo brought forward, when bankrupt had not kept his promises He hod mado no offer. The debt had been incurred when tho "man was single, and tho amount in dispute was very small. —His Honor remarked that ho noticed that Oa.llendor had offered to pay his creditors 5s in the £. Ho did not think .bankrupt had mado out any caso to havo tho condition imposed varied in any way. It had really been imposed on bankrupt's own application, and ho (Ids Honor) thought that ho should at least pay his creditors 5s in tho £ if he wanted to obtain his discharge.— Tho application would bo dismissed. In re Colin Brown.—Motion for order of discharge.—Mr Fraser, of Naseby, appeared in support of the motion.—His Honor expressed the opinion that Bankrupt ought to pay something towards satisfying his creditors.—Mr Fraser said ho understood that only one creditor —tho largest—objected to tho motion, but there was no notico of his objection. Ho had not taken any stops to come before tho court to oppose tho motion.—His Honor said, because the creditor did not apear, did not moan that bankrupt was ontitled to his discharge.—Mr Fraser mentioned that bankrupt was only a dredge-hand, employed at a saalry of £3 a week.—His Honor expressed tho view that the application had better stand over td give bankrupt an opportunity of considering whether he could not afford to pay something to his creditors, and the motion iwas aoocwdingly ordered tq stand over until the next sitting in bankruptcy, whioh was fixed for August 1.

IN BANCO. In re John Russell, deceased (Russell y. Merry and others.) —Summons under the Family Protection Act. —Mr Brugh for plaintiff; Mr Scurr tfor defendants.—This matter had previously directed to stand over to allow Mr Brugh to draft an order in respect of the sum to be fixed for the maintenance of plaintiff's children. —His Honor said that the order submitted required some modification, and he would take time to consider it In re Isabella Downes deceased (Downes v. Pattison and others). —Summons under the Family Protection Act.—Mr Scurr for .plaintiff; Mr Oailan for defendants.—Mr Scurr explained that this matter had been adjourned to allow Mr Callan and he, and the respective parties, to consider what -would be a reasonable amount to be paid to the plaintiff by his two sons,' beneficiaries under the wilL The position now was that plaintiff would stop with his sons, and he asked that 15s a week should -bo paid him. Defendants, on the other hand, would not agree to pay more than 10s a week in the circumstances. The 15s a week would be for clothing and other comforts, and for medical attendance and medicine. The plaintiff was 80 years of age, and was at the present time taking medicine.—Mr Callan pointed out that there was no evidence of plaintiff requiring medical attention. It might save a good deal of trouble if the parties were brooight before the court, when the exact position oould ibe moro easily reached. —His Honor said that, if the applicant was provided with a home, he thought 10s a week ought to be sufficient to provide him with clothing and other necessaries. There was no evidence before him that applicant would incur any expense in the direction of medical assistance or for medicine.—Mr Callan said the defendants should, not be bound to pay 10s a week if plaintiff voluntarily surrendered his old-age pension.—His Honor made an order for.the payment by the executors of such a weekly sum as with plaintiff's oldage pension, would make up 10s a week, the defendants (James Downes and Thomas Downes) undertaking to provide plaintiff with a home as they had heretoforo done. I Costs (£7 7s) were allowed.

IN CHAMBERS. Probate was granted in the estates of the following deceased persons:—Arthur Alfred Gustafson, Elizabeth Shacklook, Peter Gilfedder, John Burgoyne Taverner, Lindsay Lyall Christie, William Dunlop Rowan, Colin Taylor, and George Barney.. Letters of administration were granted in re Harry Hodgkinson, David Sutherland, Walter Findlay, and Margaret Henderson Henderson (deceased). In ro May Newsoxne (deceased). —Petition by cxecutor to fix time for lodging claims (Mr Wilkinson). —To be sent in by June 3. In re Janet Clark (deceased).—Petition by administratrix to fix time for lodging claims (Mr Wilkinson). —To be sent in by June 3. Wilson v. Moir.—Motion for order that caveat bo extended for 14 days (Mr White in support, Mr Scurr to oppose.)— After hearing argument his Honor said the question to be determined was whether notice had been given to the caveator of the proposed registration. Notice had been pasted by an official of the Land Transfer Office, Invercargill, on April 3, and it had not readied Gore until the following day. His Honor quoted section 148 of the Land Transfer Act, upon which a proper consideration of section 154 depended, and said, in his opinion, the meaning of section 148 was that notice just forwarded to the post office should not be treated as having been served until it would, in the ordinary course of posting, reach the place to which it was directed; not necessarily actually at the address given in the caveat. It' was sufficient if it reached the postal town to_ which it was directed. The present, application was given within the 14 days fixed by section 154, and he therefore thought the caveator, was entitled to the order applied for.—An order was made extending tho caveat until after the action Wilson v. Moir had been tried; costs of application (3gs) to be costs in tho action recorded; caveator to pay cnc guinea, costs of adjournment Scurr v. Stout.—Motion for judgment.— Mr Scurr for plaintiff; Mr J. C. Stephens for defendant.—.Judgment by consent for defendant for £67 8s costs.