DISTRICT COURT.

Temuka Leader, Issue 2481, 25 March 1893, Page 3

DISTRICT COURT.

Timaru—Wednesday, March 22nd. (Before His Honour Judge Robinson). IN BANKRUPTCY. An order of discharge was granted to T. E. Jeffcoate (unopposed) on the application of Mr White. The Deputy Assignee was released from the charge of twelve bankruptcy estates, with an order for payment of balances into the public account. Applications for costs were granted of the assignee in the estate of Lewis Grant (Mr White) and of bankrupt’s solicitors in the case of James Streeter (Mr Hay). A long discussion took place between His Honor and Mr Hay on the application for solicitor’s costs in Streeter’s estate. Mr Hay stated that he had received £lO from the bankrupt to pay expenses, and now sought an order for actual expenditure out of that—£9 Bs. His Honor referred to the Act, and said a bankrupt is expressly forbidden to give a solicitor any money except what is necessary to bring his case before the Court —practically the fee for filing, £5 ss. Mr Hay pointed out that there were other unavoidable expenses, and read out from his bill other fixed outlay, bringing the whole up to £7 17s lOd. The bankrupt could not pay these, because he was required by law to give up all his money to the assignee. Eventually His Honor granted the application. Mr Kinnerney applied for the costs of W. R. Border, a creditor, in successfully opposing the discharge of James Streeter to be paid out of the estate. —Order granted, disbursements to be taxed, and solicitor’s fee not to exceed £3 3s. Mr Hay moved that a claim of H. Brosuahan against the estate of Francis Drake, £6 7s 7d, be paid in full as a preferential claim as wages.—Mr White appeared for the assignee, and opposed the claim on the ground that the creditor was a contractor, as he was working by the piece and not for wages.—Affidavits showed that Brosnahan had been working for wages at potato-digging, but at bankrupt’s request he agreed to continue work at so much per bag.—His Honor granted the application of Mr Hay.

Thursday, March 23rd. probate. Mr Tripp applied, in tfie naipe of the executrix, tor probate of the estate of the late John Logan, of Pairlie. — Granted. IN BANKRUTCy. - Mr White applied for his costs as solicitor in filing for Ross, Sims Co., undischarged bankrupts. Mr White stated that this had been a more extensive bankruptcy than usual, and the maximum of £lO fixed by the statute would not nearly recoup the expenses—Order granted for £lO and disbursements, pnbject to taxation at the assignee’s '•'itMr White was also granted like costs in the estates of T. E. E. Jefcoate and J, A- Gracie. Hay obtained similar qrder in the of W. Ingram and D. Maclean. fie W. Collins, motion fop order for delivery goods.—Mr Kimierney an»oUliCe4 that the matter had been by compi 1 OiUlsd—S si‘llck out. 0" application of Mr Hay, with consent, an extension of time was given till next sitting for submitting appeals on behalf of Mr Bower and Mrs Bower in the case of Boss, Sims $ Co, f'c Grade, Maclean $ Co.—Mr Hay moved for an order directing the assignee to pay the claim of the Colonial Bank, £OO 8s 3d, as a preferential churn. Mr White appeared for the assignee.—The argument on this question occupied an fionr and a-half, and His Honor, after

discussing the arguments briefly ruled that rent is apportionable, and that the bank can prove for the portion of the term to date of adjudication, but he could not allow their claim a preference ; and, finding for the bank on one point and against them on the other, he would allow no costs on either side. His Honor said he would not feel surprised if his decision were questioned, and, as the matter was important, he rather hoped it would be.—Mr Hay intimated that probably the bank would appeal. CIVIL OASES. W. H. Hargreaves v. Canterbury Farmers’ Co-operative Association Claim £173 6s 4cl.—Mr Fisher for plaintiff, Mr White and Mr Kinnerney for defendants. —His Honor gave judgment for defendants, with costs, £lO 17s.