DISTRICT COURT, TIMARU.

Temuka Leader, Issue 1219, 19 August 1884, Page 2

DISTRICT COURT, TIMARU.

At the 'District* Court, Timaru, on Saturday, a number of bankrupts appeared for their public examination. Mr M. J. Knubjey appeared for the Deputy • 'Assignee ih each case ; : Re James Joe.—Mr Knubley, for the Deputy; Assignee .asked for an adjournment! The bankrupt was instructed six ago to furnish the Assignee with a certain book showing his work, and had hot done so. Until that book, was received the Assignee had no means of ascertaining the true position of the bankrupt ab.thei time he.,ifiled. The bankrupt, sworn, stated., that the book was lost in shifting,'from'bis old house. He did not' know where it was. His Honor adjourned the examination for a month.to enable the bankrupt to find the i bOOk. . ~ : ,- k I .... , , , ;a Orders of discharge, were granted to John Hinkley and Edward Henry Smith. James Grant (Temuka)|’’will apply for his discharge at the ■ next: sitting of the Court.

Re Robert s Laverj, farmer ; petition for adjudication. Mr White on behalf of J. Hayhurat, a creditor holding an unsatisfied judgment of this Cohrt for rent, applied for an order adjudicating the debtor a bankrupt. The' debtor; appeared and asked for an adjournment to enable him to consult bis lawyer in OBBstchurch. Ho bad not been able to do so Because he was , only served with a notice of ibis application on Thursday. - Mr > White said two endeavors bad been made to serve the notice earlier in the week, but Larery was not at home,'and it was believed he was keeping out of the way. on purpose. The judgment had been obtained in this Court against the debtor, and was returned .unsatisfied, everything haying been taken off the place. R. Layery denied that Be ’ ' had been keeping out of the way. Thu. judgment was for an unjust debt; hu had receipts fot; all demands .from Mr Hay hurst. His Honor : "Why did you not appear in Court and say that when thu case was . heard ? Mr Lavery : I did not get time to prepare my defence. His Honor ; Judgment has been given and execution issued, and "! cannot go into that. You ought to have ’ applied for a. rehearing of the case. Mr White : He was in Court.' when ' judgment was--givsn j against him '; I ’saw him : myself. Hie Honor said it’ f was impossible for thedebtor to deny the act of bankruptcy that had taken place, and hu-bad no choice but to grant the order. .As to consulting a solicitor, he need hot go-to Christchurch for that; there were plenty iriTimaru, and one in Temuka. Order of adjudication granted. Mr W. G. Bcawick was appointed Depot}' Assignee,' . Re William-Shephard ; application for discharge. Mr Foster appeared for the debtor and Mr White on behalf of Mr W. Eiby to oppose. Tn his examination tbe debtor stated that yyhen he became bankrupt be owed £BOO to the Bank, £223 to other creditors, and also fpr 'some timber and iron ho had got from some merchants to build a house with. ...Thu house was on a deferred payment section at the Police .Reserve, Otipua, which he coaid neither sell, lease, or mortgage. Hie Honor, rin- supperiding-the order of discharge for three months,: remarked that the deferred payment were a means of: swindling, and a source of perpetual complaint on the part of thf commercial community. \Rt William Clarke, of Waitohi; application for discharge. Mr White for applicant ; Mr 1 Perry opposed on behalf of Messrs Matthews creditors. In bin examination by Mr Perry the bankrupt; stated ..that he came to Waitohi about A y'eura ago, when he rented a 480-acre farm from Messrs Matthews and Trezise at an annual ' a rental of £289.45. He took a number of horses and drays’‘and harness with him ; only a few of the horses belonged to him, the rest to ether persons,‘ Mr Menzies and Mr Owen. Bought cattle and sheep on acceptances. Had dealings with the Npw Zealand Grain Agency, and eventually owedthein £720. Bought a reaper and binder from Priest and Hold gate for £65," giving a bill .for it’ After using it one harvest, sold it to White Brothers for £35, as be owed themononey and they wuro pressing him. Forgot to . put down the binder in his list of ,liabilities, though hu 1 remembered he put down £ls due to Priest and Holdgate;,|or twine. Seven horses died on. the farm, from October©! one year to August the next, from drinking water containing lime and alum. In reply to questions, by Mr White, (be bankrupt said he bad been unfortunate in his crops. His Honpr suspended his certificate for two months.

Be William Robert tlgnchard, application for order of adjudication. Mr Tosswill, on behalf of Elijah Brown and Edward Spencer Pearson, - applied for an order adjudicating Uprfchard a bankrupt, Mr Hiunersley, for tl/e debtor, opposed the app'icatioh. His Honor dismissed the petition, with costs, of two witnesses and counsel’s fee.