SUPREME COURT.

Otago Witness, Issue 2355, 13 April 1899, Page 18

SUPREME COURT.

IN BANKRUPTCY. (Before His Honor Mr Justice Pennefathw.) Monday, Apkil 10. be charles williak andehson (a bankrupt). Motion for final order of discharge. • Miss Benjamin for the bankrupt. At the request of the Official Assignee, this application was ordered to stand over. ItE HENItr DAVIS, A MAORI (BANKRUPT). Motion for final order of discharge. Mr F. R. Chapman, who appeared in support of the motion, said the debtor was a> Maori, who lived on the native reserve afc Waihao, in South Canterbury, and he had been obliged to file here as he was in prison here under a magistrate's order obtained by a judgment creditor. The debtor was living on some land which belonged to himself and his father, and he Imd also small pieces of land in different villages, of which he had given an account to the assignee. The rents of tho3e pieces of land came to what was only a small sum per annum, and the rents had been drawn. in advance, so that the, land w*s in this way pledged to the tenants .for several years. But even if the land was free, the learned counsel pointed out, it could not pass to the assignee in bankruptcy, because the land was by law inalienable; it was only the rents that' Were actually due and owing at the time of the bankruptcy that could jro to the assignee, and there were none such in the present case. What had been decided was that the rent actually duo at the time, of the bankruptcy was claimable by the official assignee, but that the assignee had no right in the land, and the very policy of tho law which made the land of the Natives inalienable, except by the consent of tho Governor, showed that the assignee could have no claims in future. Possibly the same consideration might apply to a secured creditor, unless he had procured security in the regular way^ but ib would not belter the assignee's position tosuggest that. Tho .bankruptcy had been caused by the bad .harvest of last year. Tho debtor, on being examined, deposed that tho cause of his bankruptcy wua the loss arising from a bad harvest last year; that the rent from his land came to almost £40 a year, but that it had already teen drawn, and that he had given a correct statement of his properties, as nearly as he could, to ihe assignee. Mr Graham, in reply to his Honor, said ho did not oppose the motion. The solicitor for the judgment creditor had written to him, asking him to look into various matters before an • order of discharge was granted. Ho had done this, and being satisfied, would not contest the motion. • "His Honor said : The immediate cause of •the bankruptcy was tho unfortunate failure of tho cron last year. It is unfortunate that in this as in so many Native cases the rents have been forestalled, but that is one's eac'perience all over the country. Order of discharge granted. ORDERS AS TO COSTS. In re F. H. Laing and W. H. Corrigan orders were -rnado for payment -of official assignee's solicitors' costs, aud re Samuel Orr and John Tuck,, for the payment of bankrupts' solicitors' costs — on tho application of the Official Assignee.

Owing to the general " plucking " of fourthyear medical students in October last (says the Melbourne Argus) five of tho unsuccessful ones have butaken themselves to Edinburgh, where the standard is lower and the degree more weighty.