DISTRICT COURT.

South Canterbury Times, Issue 3158, 17 May 1883, Page 2

DISTRICT COURT.

TIMARU—THIS DAY. (Before His Honor Judge Harvey.) IN BANKRUPTCY. Be J. M. McCombe, a debtor. Mr White to apply for an order to restrain Terence Kiely from proceeding with a judgment obtained in tbe R, M. Court, Timaru, on May 8, for £lO lls 2d. Mr Forster, for Kiely, stated that his client was a working man in the employ of McCombe. McCombe had made a composition with his creditors, but Kiely had sued him in the R.M. Court for wages due, and had obtained judgment against him, the Magistrate holding that the wages of a workman were not subject to any deed of composition. He therefore opposed the application. His Honor was of opinion that the position of Kiely was not tenable. No process of the Court could be available against the debtor after the completion of a deed of arrangement. If, as Mr Forster alleged, the debtor bad a fund confided to him wherewith to pay his preferential claims, and had not paid them, why did not counsel bring McCombe before this Court and compel him to disgorge. Mr Forster—Yes, your Honor, but my client is a poor man and cannot go to expense, I don’t want Mr White to be jumping on my client. Mr White (rising hastily)—Oh, your Honor, I cannot allow that to pass—such an expression is very wrong. Mr Forster —No it is not right I own, but really my client is so——. His Honor—You have no right to use such an expression Mr Forster. Mr White —If Mr Forster, your Honor, would think before he speaks, he would not say so much—many of his words are meaningless. Mr Forster—Oh! Your Honor, that is far worse than my allusion to Mr White’s “jumping !” [The breeze then died away and business proceeded.]

Mr Forster continued to address the Bench at considerable length. Mr White said he regretted Kiely, the workman,should be subjected to expense, but it all arose out of a mistake in bringing into the R.M. Court, a case which belonged to the District Court in bankruptcy. Mr Forster proceeded to reply, but Mr White objected and His Honor held that counsel had no right of reply, and said he considered the applicant entitled to his order, he being under tbe protection of the Court. Kiely should apply to this Court for leave to take out a summons against the debtor who could then be examined. This Court could do quite as much to secure the creditors’ rights as. the bailiff of the R.M. Court could do.

The order was granted. ■.> His Honor remarked that the R.M. Courts were very expensive for suitors, at least he could say so confidently as to Dunedin. Mr White replied that in bis opinion it always would be, until more discrimination could be found on the Bench. IN PROBATE., Mr Ormsby applied for probate of the will of the late J. Barry. His Honor reserved his decision till June sth to which date the Court then adjourned.