SUPREME COURT IN BANKUPTCY.

Otago Witness, Issue 921, 24 July 1869, Page 7

SUPREME COURT IN BANKU PTCY.

' Monday,! 19th Jttiy.j ■>

(Before His Honour Mr Justice "Ward.)

ORDBR TO DEAL WITH ESTATE.

A. M'Kinnon.— On the application of Mr Jas. Smith, an order was granted under the 101 st section of the Lunatics Act, to give the Register power to collect and manage the estate of the abovenamed.

PETITIONS FOR ADJUDICATION.

William Wyber. -— Mr Macassey moved for an order nisi, to declare a deed of arrangement an Act of ' Bankruptcy, 1 and to be returnable on Monday, and for an order to stay sale of property. He explained that he represented an influential number of the creditors ; their claims amounted to L 276 14s Bd, out of the total liabilities set down as L 446 4s Bd. The debtor was a miner, and had resided at Tokomairiro, and a composition of 10s in the pound had been offered. The learned counsel continued that he made' this application an the following grounds: — 1. The property was retained by the debtor. 2. Nothing whatever had been done under the deed; not one of the creditors had assented to it, and no person had been asked to assent. 3. The creditors whom he represented, being a clear majority, had signed a declaration Bhewing their intention not to assent to the deed. 4. The debtor had filed a false schedule of book debts ; his schedule Bhewed book debts estimated at L9O, but there was an affidavit indicating that before he made the deed alluded to, the book debts amounted to L4OO ss. That ten days before he made the deed he bought cattle on credit ; at once sold them for cash, and came to town with the money, in order that he might file the deed ef arrangement. The learned counsel next called attention to the affidavits made by Messss James Adam, Bruce, and others, and to two advertisements in the local journal, in which, he Btated, part of the debtor's property was advertised for sale, by Mr Capstick, at the Commercial Hotel, Tokomairiro, on the 22nd inst., and part of it at a subsequent date. An order, as applied for, was granted. Alexander Swan.— Mr M'Keay, instructed by Mr Haggitt, moved that Swan might be adjudicated a bankrupt on his own petition. > m An order was granted, and a meeting of creditors was fixed for the 27th inst. APPOINTMENT OF DAY FOR EXAMINATION, &O.

Eobert Mabgrie.— MrW. D. Stewart, on behalf of Mr Harris, moved that the appointment of Mr Bathqate as trustee ehould be confirmed, and also that a day might be fixed for the bankrupt to pass his last examination.

An order was granted, the 2nd August being appointed. James Dunnett.— On the application of Mr Stewart, a like order was made in this matter.

FINAL EXAMINATION AND DISCHARGE.

Stephen Riokdan. — Mr W. D. Stewart appeared in support of a final order. Mr M'Keay intimated that he appeared for all the creditors, but that he had not been instructed to oppose. His Honour pointed out that no report had been furnished by the trustee, and that in the absence thereof he did not like to grant a final order. There was a certain final report required. Mr Stewart said he was given to understand that all the creditors desired the bankrupt to get his discharge. After argument, his Honour said that as it appeared the creditors did not wish to oppose, he would grant an order, but most certainly, if any of the creditors had been unrepresented, he would have delayed tho issuing of the order until the trustee's report was furnished. In fact, he now gave the order with some reluctance.

Mr M'Keay undertook that a report from the trustee should be furnished, and a final order was granted. James Thomhoh— Mr W. D. Stewart, instructed by Mr Harris, appeared in support of the application for a final order. Mr Macassey stated that ho was inefcruoted to oppose. His Honour remarked that a statement of accounts had only been filed that morning. The application mnst therefore be postponed on that account. Mr Stewart explained that tho bankrupt came from a considerable distance. Ho also understood that the affidavit filed that day was similar in respect His Honour said ho had no power to sot aside the objection. The statement should have boon filed in proper time. Mr Macassey askod that the bankrupt might bo examinod that day ; it might lead to the calling, by himself, of ofchor witnesses. Again, it might not bo nccoonary for him to appear at tho Court again jn connection *ith th»t matter | It »eomed

hard Ithftt.a^or^itor-iihpiald, suterfforihe,, laches' of. a debtor^, . - ; Jjjv,, ; • "? - His . Honour, , replied that . peritnissipn could, only, be, granted-.on the,^application of the t absent oreditori . , i I ... ■ The bankrupt was then examined, by Mr Macassey. •• The former .stated, that he was indebted to Messrs Hibbard and 00. in the sum of LB, 2s lid, and to iMr Joseph Dowse in the sumofj L2s Bs 4d. He was not aware . that , in , respect to. these matters.. judgment , had been obtained againßt him. He admitted that he gave L 9 to his solicitor to enable him 1 to pass through the Court. , .He^as.a miner, and resided at Waitahuna about four years. He had been engaged purchasing , cattle for Mr John Pearson, who was aiarmer at Lawrence, all of which w.ere delivered to him, with the exception of two cows. The lateßt .date when,, he bought cattle was ' the 22nd, April, 1867., He did not deal in cattle a. month or two before he was sued. The cattle he spoke of were now at Tuapeka. They had been running , on Mr Ryan'B station at Waitahuna, where, witness bought them. They were , now in the possession of Pearson, two cowa and two calves. Witness was next examined as to, how and when the, animals were branded, and he stated that in consideration of his looking after them, he had been permitted to dispose of the milk. He had them in his possession for about two, years, although they belonged to Pearson. The brand " J P\" on the two cows was only put on after they were sent to Pearson on the 13th May. In reply to Mr Stewart, the bankrupt stated that after he bought the cows from Ryan for Pearson, they were branded "JP" They were previously branded "MR"

Mr Macassey to bankrupt : Is Pearson related to you ? Bankrupt : Yes, [he is my brother-in-law. Mr Macasaey intimated that he intended to offer opposition to the order being granted, and said that by next Monday he was in hopes of producing additional evidence.

The further hearing of the application was then adjourned until Monday next. William Strachan. — An application for a final order was made by the bankrupt in person. An order was granted. Robert Hbanby.— An application in this case was also made by the bankrupt in person. His Honour explained that the bankrupt had failod to file a statement of accounts, and that to enable him to do so the application would be adjourned until Monday next.