SUPREME COURT. IN CHAMBERS. Friday, February 26.

Otago Witness, Issue 2244, 4 March 1897, Page 15

SUPREME COURT. IN CHAMBERS. Friday, February 26.

(Before his Honor Mr Justice Williams.) EB JAMBS BHUTON (DKCBASKD). Petition by executrix for leave to sell land. Mr Mount appeared for the petitioner, and Mr Stilling for the guardian of the infant children. Mr Stilling said that the guardian was out of town, and he had not yet had an opportunity of ascertaining what troth there was as to the statements in the petition with regard to the conduct of some of the children. Mr Mouat pointed out that whether those statements were correct or not, it was clear that it had been found that it was quite impracticable to carry out the trusts of the will with regard to keeping the house up, as the members of the family did not agree. Mr Stilling suggested that perhaps his Honor might order that leave be given to sell the landt and bring the money into court, and then i could be ascertained what the rights of the parties were. His Honor said he thought that would be the better way, and made an order in that direction. HE THE COLONIAL BANK OF NEW ZEALAND. Summon* to authorise the official liquidators to examine Henry Mackenzie, and for appoint- j ment of day for examination (Mr Haggitt). — i Accordingly, examination to take place on Bth j March, at 11 a.m. i HE THE COLONIAL BANK OF NEW ZEALAND. ! Summons to sanction certain compromises j (Mr Haggitt). — Accordingly. HE WALTER GUTHEIE AND CO. Motion to settle list of contributories. Mr Woodhouse, instructed by Mr Hosking, appeared for the official liquidator (Mr Cook). His Honor mentioned that he had received one or two letters from contributories, one beiug from Mrs M'Leod stating that her husband, whose name appeared on the list, was now dead. There were two others — one from Mr T. A. Bryan and the other from Mr L. Stanway, who both pleaded inability to pay. The Hon. Mr Stewart said he appeared for Dr Roderick Alexander M'Leod, who objected. — Mr Woodhouse said the affidavits by Dr M'Leod had only been filed, and it had been arranged with Mr Stewart that the matter should stand over to allow the liquidators an opportunity of investigating the fftebs alleged in the affidavit. Tbe li?b was then settled with res;itct to all New Zealand shareholders, fixcopi *s in Rodriok M'Leod, who is dectated, and Dr Roderick Alexander M'Le&d, whote cue is to stand tdjournod till next chawbtr <fey, uotice of tbe

objeotion, on the ground that Dr M'Leod never applied for thef snares, and did not consent to the application, to be served on the liquidator. The names of Bryan and Stanway were, settled on the list. BINX OF NEW ZEALAND V. WALTEB • GT7THEIE AND CO. (lIMITJBd) AND THE ALLIED COMPANIES. An aotion for the enforcement of debentures. Mr Woodhouse mentioned that he had been iuitructed by the receiver and liquidator (Mr Cook) to appear for the unsecured creditors on the hearing of this action, which had been fixed for that day, but Mr Hoiking, counsel for the bank, had btev called away to InVarcargill and had arranged with Mr Sim and himself to avk I bis Honor to adjourn the hearing till nexfc 1 sitting in Chambers, j His Honor concurred.